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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Indigenous children and their rights under the Convention 2009, para. 34 | Aug 19, 2019 | Paragraph | The Committee notes with concern that disproportionately high numbers of indigenous children live in extreme poverty, a condition which has a negative impact on their survival and development. The Committee is furthermore concerned over the high infant and child mortality rates as well as malnutrition and diseases among indigenous children. Article 4 obliges States parties to address economic, social and cultural rights to the maximum extent of their available resources and where needed with international cooperation. Articles 6 and 27 provide the right of children to survival and development as well as an adequate standard of living. States should assist parents and others responsible for the indigenous child to implement this right by providing culturally appropriate material assistance and support programmes, particularly with regard to nutrition, clothing and housing. The Committee stresses the need for States parties to take special measures to ensure that indigenous children enjoy the right to an adequate standard of living and that these, together with progress indicators, be developed in partnership with indigenous peoples, including children. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 77 | Aug 19, 2019 | Paragraph | Professionals involved in law enforcement and the judiciary should receive appropriate training on the content and meaning of the provisions of the Convention and its Optional Protocols, including the need to adopt special protection measures for indigenous children and other specific groups. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 73 | Aug 19, 2019 | Paragraph | States should, in consultation with indigenous communities, including children, design preventive measures and allocate targeted financial and human resources for their implementation. States should base preventive measures on studies which include documentation of the patterns of violations and analysis of root causes. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 68 | Aug 19, 2019 | Paragraph | Indigenous children who have been displaced or become refugees should be given special attention and humanitarian assistance in a culturally sensitive manner. Safe return and restitution of collective and individual property should be promoted. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 63 | Aug 19, 2019 | Paragraph | With reference to article 31 of the Convention, the Committee notes the many positive benefits of participation in sports, traditional games, physical education, and recreational activities and calls on States parties to ensure that indigenous children enjoy the effective exercise of these rights. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 41 | Aug 19, 2019 | Paragraph | States parties are obliged to ensure that all children are registered immediately after birth and that they acquire a nationality. Birth registration should be free and universally accessible. The Committee is concerned that indigenous children, to a greater extent than non-indigenous children, remain without birth registration and at a higher risk of being stateless. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 37 | Aug 19, 2019 | Paragraph | The Committee considers that, in relation to article 12, there is a distinction between the right of the child as an individual to express his or her opinion and the right to be heard collectively, which allows children as a group to be involved in consultations on matters involving them. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 36 | Aug 19, 2019 | Paragraph | The Committee reaffirms the importance of the Millennium Development Goals (MDGs) and calls on States to engage with indigenous peoples, including children, to ensure the full realization of the MDGs with respect to indigenous children. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 28 | Aug 19, 2019 | Paragraph | In their periodic reports to the Committee, States parties should identify measures and programmes undertaken to address discrimination of indigenous children in relation to the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Discrimination, Xenophobia and Related Intolerance. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 21 | Aug 19, 2019 | Paragraph | The Committee urges States parties to ensure that adequate attention is given to article 30 in the implementation of the Convention. States parties should provide detailed information in their periodic reports under the Convention on the special measures undertaken in order to guarantee that indigenous children can enjoy the rights provided in article 30. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 19 | Aug 19, 2019 | Paragraph | The presence of indigenous peoples is established by self-identification as the fundamental criterion for determining their existence. There is no requirement for States parties to officially recognize indigenous peoples in order for them to exercise their rights. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 18 | Aug 19, 2019 | Paragraph | In this context, the Committee also supports the Committee on the Elimination of Racial Discrimination in its call upon States parties to recognize and respect indigenous distinct cultures, history, language and way of life as an enrichment of the State's cultural identity and to promote its preservation. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 15 | Aug 19, 2019 | Paragraph | The Committee notes that the Convention contains references to both minority and indigenous children. Certain references in this general comment may be relevant for children of minority groups and the Committee may decide in the future to prepare a general comment specifically on the rights of children belonging to minority groups. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 11 | Aug 19, 2019 | Paragraph | This general comment on the rights of indigenous children as provided for by the Convention on the Rights of the Child draws on the legal developments and initiatives outlined above. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 10 | Aug 19, 2019 | Paragraph | In 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples which provides important guidance on the rights of indigenous peoples, including specific reference to the rights of indigenous children in a number of areas. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 7 | Aug 19, 2019 | Paragraph | The International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, 1989 contains provisions which advance the rights of indigenous peoples and specifically highlights the rights of indigenous children in the area of education. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 4 | Aug 19, 2019 | Paragraph | Article 17 of the Convention also makes specific mention as States parties shall "encourage the mass media to have particular regard for the linguistic needs of the child who belongs to a minority group or who is indigenous". | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 3 | Aug 19, 2019 | Paragraph | Furthermore, article 29 of the Convention provides that "education of the child shall be directed to the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin". | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 81c | Aug 19, 2019 | Paragraph | [The Committees recommend that the States parties to the Conventions:] Take all appropriate measures to ensure that stigma and discrimination are not perpetuated against the victims and/or practising immigrant or minority communities; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 16 | Aug 19, 2019 | Paragraph | Article 2 (non-discrimination): The Committee emphasizes that States parties shall take all appropriate measures to ensure that all children have the opportunity to realize their rights under article 31 without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Particular attention should be given to addressing the rights of certain groups of children, including, inter alia, girls, children with disabilities, children living in poor or hazardous environments, children living in poverty, children in penal, health-care or residential institutions, children in situations of conflict or humanitarian disaster, children in rural communities, asylum-seeking and refugee children, children in street situations, nomadic groups, migrant or internally displaced children, children of indigenous origin and from minority groups, working children, children without parents and children subjected to significant pressure for academic attainment. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
HIV/AIDS and the rights of the children 2003, para. 30 | Aug 19, 2019 | Paragraph | The vulnerability of children to HIV/AIDS resulting from political, economic, social, cultural and other factors determines the likelihood of their being left with insufficient support to cope with the impact of HIV/AIDS on their families and communities, exposed to the risk of infection, subjected to inappropriate research, or deprived of access to treatment, care and support if and when HIV infection sets in. Vulnerability to HIV/AIDS is most acute for children living in refugee and internally displaced persons camps, children in detention, children living in institutions, as well as children living in extreme poverty, children living in situations of armed conflict, child soldiers, economically and sexually exploited children, and disabled, migrant, minority, indigenous, and street children. However, all children can be rendered vulnerable by the particular circumstances of their lives. Even in times of severe resource constraints, the Committee wishes to note that the rights of vulnerable members of society must be protected and that many measures can be pursued with minimum resource implications. Reducing vulnerability to HIV/AIDS requires first and foremost that children, their families and communities be empowered to make informed choices about decisions, practices or policies affecting them in relation to HIV/AIDS. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2003 | ||
State obligations regarding the impact of the business sector on children’s rights 2013, para. 21 | Aug 19, 2019 | Paragraph | Article 12 of the Convention establishes the right of every child to freely express her or his views, in all matters affecting her or him, and the subsequent right for those views to be given due weight, according to the child's age and maturity. States should hear children's views regularly - in line with general comment No. 12 - when developing national and local-level business-related laws and policies that may affect them. In particular, States should consult with children who face difficulties in making themselves heard, such as the children of minority and indigenous groups, children with disabilities as stated in articles 4, paragraph 3, and 7 of the Convention on the Rights of Persons with Disabilities, and children in similar situations of vulnerability. Governmental bodies, such as education and labour inspectorates, concerned with regulating and monitoring the activities and operations of business enterprises should ensure that they take into account the views of affected children. States should also hear children when child-rights impact assessments of proposed business-related policy, legislation, regulations, budget or other administrative decisions are undertaken. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
Indigenous children and their rights under the Convention 2009, para. 42 | Aug 19, 2019 | Paragraph | Therefore, States parties should take special measures in order to ensure that indigenous children, including those living in remote areas, are duly registered. Such special measures, to be agreed following consultation with the communities concerned, may include mobile units, periodic birth registration campaigns or the designation of birth registration offices within indigenous communities to ensure accessibility. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 2 | Aug 19, 2019 | Paragraph | Article 30 of the Convention states that "In those States in which ethnic, religious, or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language." | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 3 | Aug 19, 2019 | Paragraph | The Committee is particularly concerned about the difficulties faced by particular categories of children in relation to enjoyment and conditions of equality of the rights defined in article 31, especially girls, poor children, children with disabilities, indigenous children, children belonging to minorities, among others. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
Indigenous children and their rights under the Convention 2009, para. 76 | Aug 19, 2019 | Paragraph | States parties are reminded that pursuant to article 12 of the Convention, all children should have an opportunity to be heard in any judicial or criminal proceedings affecting them, either directly or through a representative. In the case of indigenous children, States parties should adopt measures to ensure that an interpreter is provided free of charge if required and that the child is guaranteed legal assistance, in a culturally sensitive manner. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 53 | Aug 19, 2019 | Paragraph | States should take all reasonable measures to ensure that indigenous children, families and their communities receive information and education on issues relating to health and preventive care such as nutrition, breastfeeding, pre- and postnatal care, child and adolescent health, vaccinations, communicable diseases (in particular HIV/AIDS and tuberculosis), hygiene, environmental sanitation and the dangers of pesticides and herbicides. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 50 | Aug 19, 2019 | Paragraph | The Committee urges States parties to take special measures to ensure that indigenous children are not discriminated against enjoying the highest attainable standard of health. The Committee is concerned over the high rates of mortality among indigenous children and notes that States parties have a positive duty to ensure that indigenous children have equal access to health services and to combat malnutrition as well as infant, child and maternal mortality. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 49 | Aug 19, 2019 | Paragraph | States parties shall ensure that all children enjoy the highest attainable standard of health and have access to health-care service. Indigenous children frequently suffer poorer health than non-indigenous children due to inter alia inferior or inaccessible health services. The Committee notes with concern, on the basis of its reviews of States parties' reports, that this applies both to developing and developed countries. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 44 | Aug 19, 2019 | Paragraph | Furthermore, taking into account articles 8 and 30 of the Convention, States parties should ensure that indigenous children may receive indigenous names of their parents' choice in accordance with their cultural traditions and the right to preserve his or her identity. States parties should put in place national legislation that provides indigenous parents with the possibility of selecting the name of their preference for their children. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 |