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Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 47
- Paragraph text
- With respect to social security, migrant children and their families shall have the right to the same treatment granted to nationals, insofar as they fulfil the requirements provided for by the applicable legislation of the State and the applicable bilateral and multilateral treaties. The Committees consider that in cases of necessity, States should provide emergency social assistance to migrant children and their families regardless of their migration status, without any discrimination.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Children in street situations 2017, para. 51
- Paragraph text
- States should take measures to address the structural causes of poverty and income inequalities to reduce pressure on and strengthen precarious families, as a means of offering better protection for children and reducing the likelihood of children ending up in street situations. Such measures include: introducing tax and expenditure policies that reduce economic inequalities; expanding fair-wage employment and other opportunities for income generation; introducing pro-poor policies for rural and urban development; eliminating corruption; introducing child-focused policies and budgeting; strengthening child-centred poverty alleviation programmes in areas known for high levels of migration; and offering adequate social security and social protection. Specific examples include child benefit programmes used in European and North American countries, and cash transfer programmes introduced in Latin American countries and widely applied in Asian and African countries. States should make efforts so that such programmes reach the most marginalized families who may not have bank accounts. Material support should be made available to parents and caregivers and also directly to children in street situations, and such mechanisms and services should be designed and implemented on the basis of a child rights approach. With regard to housing, security of tenure is essential for preventing children from coming into street situations. This includes access to adequate housing that is safe, with access to safe drinking water, sanitation and hygiene facilities. Children, including those living in informal or illegal housing, should not be subject to forced evictions prior to the provision of adequate alternative accommodation: States are required to make appropriate provisions for affected children. Child and human rights impact assessments should be a prerequisite for development and infrastructure projects to minimize the negative impacts of displacement.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 55a
- Paragraph text
- [States that have not yet done so are encouraged to ratify or accede to:] The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, including by making the binding declarations under articles 76 and 77;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 53
- Paragraph text
- The Convention on the Rights of the Child stipulates that States parties shall respect and ensure the rights set forth in the Convention to each child within its jurisdiction without discrimination of any kind; this includes discrimination against children on the basis of their or their parents’ migration status. The Committees therefore urge States parties to provide equitable access to economic, social and cultural rights. States are encouraged to expeditiously reform legislation, policies and practices that discriminate against migrant children and their families, including those in an irregular situation, or prevent them from effectively accessing services and benefits, for example social assistance.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 68
- Paragraph text
- States parties should include in their reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comments that they have implemented and their outcomes.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 54
- Paragraph text
- States parties should include in their periodic reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comment that they have implemented and their outcomes.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 59
- Paragraph text
- States parties should plan, enact, execute and follow up in ways that lead to advances in child rights. States parties should invest in understanding the child rights situation in their context and formulate and implement legislation, policies and programmes that are strategically designed to overcome the challenges of realizing the rights of the child. States parties should constantly assess how budgets affect different groups of children and ensure that their budget decisions lead to the best possible outcomes for the largest number of children, paying special attention to children in vulnerable situations.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 76
- Paragraph text
- The mobilization of resources for public spending on child rights should itself be conducted in a manner that adheres to the budget principles set out in section IV. A lack of transparency in resource mobilization systems can lead to inefficiencies, mismanagement of public finances and corruption. This in turn can lead to insufficient resources being available to spend on the rights of the child. The different tax regimes that do not take into account the ability of families to pay can lead to an inequity in resource mobilization. This can place disproportionate revenue burdens on people with already scarce financial resources, some of whom will be caring for children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 78
- Paragraph text
- The Committee recognizes that sustainable debt management by States, on behalf of creditors and lenders, can contribute to mobilizing resources for the rights of the child. Sustainable debt management includes having in place transparent legislation, policies and systems with clear roles and responsibilities for borrowing and lending, as well as managing and monitoring debt. The Committee also recognizes that long-term unsustainable debt can be a barrier to a State's ability to mobilize resources for children's rights, and may lead to taxes and user fees that impact negatively on children. Child rights impact assessments should therefore be carried out also in relation to debt agreements.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 106c
- Paragraph text
- [Evaluations and other types of analyses of budgets undertaken by the State and independent evaluation bodies can offer valuable insight into the impact of revenue collection and actual spending on the situation of different groups of children, especially those in vulnerable situations. States parties should undertake and encourage regular evaluations and analyses of the impact of budgets on the situation of children, by:] Establishing and strengthening independent evaluation bodies, such as research institutes, to conduct evaluations of the effectiveness, efficiency, equity, transparency and sustainability of actual expenditures related to the rights of the child;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 106d
- Paragraph text
- [Evaluations and other types of analyses of budgets undertaken by the State and independent evaluation bodies can offer valuable insight into the impact of revenue collection and actual spending on the situation of different groups of children, especially those in vulnerable situations. States parties should undertake and encourage regular evaluations and analyses of the impact of budgets on the situation of children, by:] Ensuring that civil society, including children, can make contributions to the evaluation and analyses, for example, through child rights impact assessments.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 106a
- Paragraph text
- [Evaluations and other types of analyses of budgets undertaken by the State and independent evaluation bodies can offer valuable insight into the impact of revenue collection and actual spending on the situation of different groups of children, especially those in vulnerable situations. States parties should undertake and encourage regular evaluations and analyses of the impact of budgets on the situation of children, by:] Allocating sufficient financial and human resources to regularly undertake such evaluations and analyses;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 34
- Paragraph text
- Corruption and mismanagement of public resources in State revenue mobilization, allocation and spending represents a failure by the State to comply with its obligation to use the maximum of available resources. The Committee underlines the importance of States parties allocating resources to prevent and eliminate any corruption affecting children's rights, in accordance with the United Nations Convention against Corruption.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 49
- Paragraph text
- The Committee recognizes that children have varying needs at different stages of their growth and development. In their budget decisions, States parties should consider all factors required for children of different ages to survive, grow and develop. States parties should show their commitment to children's rights by making visible the parts of their budgets that affect children in different age groups.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 55
- Paragraph text
- To enable meaningful participation in the budget process, the Committee stresses the importance of ensuring that States parties have in place legislation and policies for freedom of information that include, or at a minimum do not exclude, children and child rights advocates from the right to access key budgetary documents such as pre-budget statements, budget proposals, enacted budgets, midterm reports, in-year reports and audit reports.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 44
- Paragraph text
- To achieve budgets that contribute to positive outcomes in terms of children's enjoyment of their rights, States parties are required to address inequalities among children by reviewing and revising relevant legislation, policies and programmes, by increasing or reprioritizing certain parts of the budget, or improving the effectiveness, efficiency and equity of their budgets.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 27a
- Paragraph text
- [In terms of budgets, "implementing children's rights" means that States parties are obliged to mobilize, allocate and spend public resources in a manner that adheres to their obligations of implementation. States parties shall respect, protect and fulfil all the rights of the child, as follows:] Respect means that States parties should not interfere directly or indirectly with the enjoyment of children's rights. In relation to budgets, this means that the State shall refrain from interfering with the enjoyment of the rights of the child by, for example, discriminating against certain groups of children in budget decisions, or withdrawing funding or diverting resources away from existing programmes providing for children's enjoyment of economic, social or cultural rights, except in the circumstances outlined in paragraph 31 below;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 27b
- Paragraph text
- [In terms of budgets, "implementing children's rights" means that States parties are obliged to mobilize, allocate and spend public resources in a manner that adheres to their obligations of implementation. States parties shall respect, protect and fulfil all the rights of the child, as follows:] Protect means that States parties shall prevent third parties from interfering with rights guaranteed under the Convention and the Optional Protocols. In terms of public budgets, examples of possible such third parties are the business sector and regional or international financial institutions that might play a role in the different stages of the public budget process. The obligation to protect implies that States parties should seek to ensure that their revenue mobilization, budget allocation and expenditures are not interfered with or undermined by third parties. This will require States parties to regulate the role of such third parties, set up complaints mechanisms and systematically intervene in cases of infringement by them.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 32
- Paragraph text
- Article 44 of the Convention obliges States parties to regularly report on their progress in advancing the rights of children in their jurisdictions. Clear and consistent qualitative and quantitative goals and indicators should be used to illustrate the progressive realization of children's economic, social and cultural rights to the maximum extent of available resources, as well as the realization of the immediate obligations imposed by those rights, and the realization of civil and political rights. States parties are expected to regularly review and improve their measures to ensure the availability and maximization of resources for the rights of all children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 48
- Paragraph text
- Article 6 of the Convention provides that every child has an inherent right to life and that States parties shall ensure the survival and development of all children. In its general comment No. 5, the Committee states that the development of the child is "a holistic concept, embracing the child's physical, mental, spiritual, moral, psychological and social development" and that "implementation measures should be aimed at achieving the optimal development for all children" (para. 12).
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 60
- Paragraph text
- Public resources dedicated to child-related policies and programmes should be managed in such a way as to ensure value for money and bearing in mind the obligation to respect, protect and fulfil children's rights. Approved expenditures should be executed in line with the enacted budget. Goods and services to advance child rights should be procured and delivered transparently and on time, and be of appropriate quality. Furthermore, funds allocated to the rights of the child should not be wasted. States parties should make efforts to overcome institutional barriers that impede efficient spending. Monitoring, evaluation and auditing of public funds should provide checks and balances that promote sound financial management.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 61
- Paragraph text
- States parties shall not discriminate against any child or category of children through resource mobilization or the allocation or execution of public funds. Spending equitably does not always mean spending the same amount on each child, but rather making spending decisions that lead to substantive equality among children. Resources should be fairly targeted to promote equality. States parties are obliged to remove all discriminatory barriers that children may face in accessing their rights.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 81a
- Paragraph text
- [Pre-budget statements and budget proposals provide powerful vehicles for States to translate their commitments to the rights of the child into concrete priorities and plans at the national and subnational levels. States parties should prepare their budget-related statements and proposals in such a way as to enable effective comparisons and monitoring of budgets relating to children, by:] Adhering to internationally agreed budget classification systems such as functional (sector or subsector), economic (current and capital expenses), administrative (ministry, department, agency) and programme breakdowns (if programme-based budgeting is used), to the extent that they are compliant with children's rights;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 24
- Paragraph text
- The Committee underlines that States parties have an obligation to show how the public budget-related measures they choose to take result in improvements in children's rights. States parties shall show evidence of the outcomes obtained for children as a result of those measures. It is not enough to show evidence of measures taken without evidence of results if article 4 of the Convention is to be satisfied.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 73
- Paragraph text
- The Committee emphasizes the importance of States parties making cost estimates of proposed legislation, policies and programmes that affect children, in order to ascertain the level of financial resources needed and to enable budget planners and the relevant decision makers in the executive and the legislature to make informed decisions on the resources needed for their implementation.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 8j
- Paragraph text
- [The messages from children to public budgetary decision makers included:] Publish records of how the money is spent;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 82g
- Paragraph text
- [Pre-budget statements and budget proposals convey essential information about how a State plans to meet its child rights obligations. States parties should use their pre-budget statements and budget proposals to:] Set performance targets linking child-related programme goals to budget allocations and actual expenditures, to allow monitoring of outcomes and impacts on children, including those in vulnerable situations.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 7b
- Paragraph text
- [The present general comment was informed by several United Nations resolutions and reports that set out budget principles from a human rights perspective, including:] General Assembly resolution 67/218 on promoting transparency, participation and accountability in fiscal policies, which emphasizes the need to improve the quality, efficiency and effectiveness of fiscal policies and encourages Member States to intensify efforts to enhance transparency, participation and accountability in fiscal policies.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 12
- Paragraph text
- When examining States parties' reports to the Committee, in discussions with representatives of States parties and in its concluding observations, the Committee has raised concerns regarding whether the size of the budget is sufficient to realize the rights of the child. The Committee reiterates that prioritizing children's rights in budgets, at both national and subnational levels, as required by the Convention, contributes not only to realizing those rights, but also to long-lasting positive impacts on future economic growth, sustainable and inclusive development, and social cohesion.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 25
- Paragraph text
- The "rights recognized in the present Convention" include civil, political, economic, social and cultural rights. States parties have the obligation to immediately realize civil and political rights, and to implement economic, social and cultural rights "to the maximum extent of their available resources". That implies that the full realization of those rights will necessarily be achieved progressively (see sect. II D below).
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph