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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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Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 15 | Aug 19, 2019 | Paragraph | As regards articles 7 and 10, States parties must provide all information relevant to ensuring that the rights of persons deprived of their liberty are protected on equal terms for men and women. In particular, States parties should report on whether men and women are separated in prisons and whether women are guarded only by female guards. States parties should also report about compliance with the rule that accused juvenile females shall be separated from adults and on any difference in treatment between male and female persons deprived of liberty, such as access to rehabilitation and education programmes and to conjugal and family visits.Pregnant women who are deprived of their liberty should receive humane treatment and respect for their inherent dignity at all times, and in particular during the birth and while caring for their newborn children; States parties should report on facilities to ensure this and on medical and health care for such mothers and their babies. | Human Rights Committee
| General Comment / Recommendation |
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| 2000 | ||
Implementing child rights in early childhood 2006, para. 10 | Aug 19, 2019 | Paragraph | Right to life, survival and development. Article 6 refers to the child's inherent right to life and States parties' obligation to ensure, to the maximum extent possible, the survival and development of the child. States parties are urged to take all possible measures to improve perinatal care for mothers and babies, reduce infant and child mortality, and create conditions that promote the well being of all young children during this critical phase of their lives. Malnutrition and preventable diseases continue to be major obstacles to realizing rights in early childhood. Ensuring survival and physical health are priorities, but States parties are reminded that article 6 encompasses all aspects of development, and that a young child's health and psychosocial well being are in many respects interdependent. Both may be put at risk by adverse living conditions, neglect, insensitive or abusive treatment and restricted opportunities for realizing human potential. Young children growing up in especially difficult circumstances require particular attention (see section VI below). The Committee reminds States parties (and others concerned) that the right to survival and development can only be implemented in a holistic manner, through the enforcement of all the other provisions of the Convention, including rights to health, adequate nutrition, social security, an adequate standard of living, a healthy and safe environment, education and play (arts. 24, 27, 28, 29 and 31), as well as through respect for the responsibilities of parents and the provision of assistance and quality services (arts. 5 and 18). From an early age, children should themselves be included in activities promoting good nutrition and a healthy and disease preventing lifestyle. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2006 | ||
Implementing child rights in early childhood 2006, para. 27b | Aug 19, 2019 | Paragraph | States parties have a responsibility to implement children's right to health by encouraging education in child health and development, including about the advantages of breastfeeding, nutrition, hygiene and sanitation. Priority should also be given to the provision of appropriate prenatal and post natal health care for mothers and infants in order to foster healthy family child relationships, especially between a child and his or her mother (or other primary caregiver) (art. 24.2). Young children are themselves able to contribute to ensuring their personal health and encouraging healthy lifestyles among their peers, for example through participation in appropriate, child centred health education programmes; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2006 | ||
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. 20 | Aug 19, 2019 | Paragraph | The lack of birth registration may have many negative impacts on the enjoyment of children’s rights, such as child marriage, trafficking, forced recruitment and child labour. Birth registrations may also help to achieve convictions against those who have abused a child. Unregistered children are at particular risk of becoming stateless when born to parents who are in an irregular migration situation, due to barriers to acquiring nationality in the country of origin of the parents as well as to accessing birth registration and nationality at the place of their birth. | Committee on Migrant Workers | General Comment / Recommendation |
|
| 2017 | ||
Implementing child rights in early childhood 2006, para. 43 | Aug 19, 2019 | Paragraph | Looking forward. The Committee urges all States parties, inter governmental organizations, non governmental organizations, academics, professional groups and grass roots communities to continue advocating for the establishment of independent institutions on children's rights and foster continuous, high level policy dialogues and research on the crucial importance of quality in early childhood, including dialogues at international, national, regional and local levels. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2006 | ||
Implementing child rights in early childhood 2006, para. 42 | Aug 19, 2019 | Paragraph | International assistance. Acknowledging the resource constraints affecting many States parties seeking to implement the comprehensive provisions outlined in this general comment, the Committee recommends that donor institutions, including the World Bank, other United Nations bodies and bilateral donors support early childhood development programmes financially and technically, and that it be one of their main targets in assisting sustainable development in countries receiving international assistance. Effective international cooperation can also strengthen capacity building for early childhood, in terms of policy development, programme development, research and professional training. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2006 | ||
The nature of States parties’ obligations 1990, para. 3 | Aug 19, 2019 | Paragraph | The means which should be used in order to satisfy the obligation to take steps are stated in article 2 (1) to be "all appropriate means, including particularly the adoption of legislative measures". The Committee recognizes that in many instances legislation is highly desirable and in some cases may even be indispensable. For example, it may be difficult to combat discrimination effectively in the absence of a sound legislative foundation for the necessary measures. In fields such as health, the protection of children and mothers, and education, as well as in respect of the matters dealt with in articles 6 to 9, legislation may also be an indispensable element for many purposes. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
|
| 1990 | ||
The right to adequate food (Art. 11) 1999, para. 30 | Aug 19, 2019 | Paragraph | Appropriate United Nations programmes and agencies should assist, upon request, in drafting the framework legislation and in reviewing the sectoral legislation. FAO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of food and agriculture. The United Nations Children's Fund (UNICEF) has equivalent expertise concerning legislation with regard to the right to adequate food for infants and young children through maternal and child protection including legislation to enable breastfeeding, and with regard to the regulation of marketing of breast milk substitutes. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
|
| 1999 | ||
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 54 | Aug 19, 2019 | Paragraph | The interventions that should be made available across this continuum include, but are not limited to: essential health prevention and promotion, and curative care, including the prevention of neonatal tetanus, malaria in pregnancy and congenital syphilis; nutritional care; access to sexual and reproductive health education, information and services; health behaviour education (e.g. relating to smoking and substance use); birth preparedness; early recognition and management of complications; safe abortion services and post-abortion care; essential care at childbirth; and prevention of mother-to-child HIV transmission, and care and treatment of HIV-infected women and infants. Maternal and newborn care following delivery should ensure no unnecessary separation of the mother from her child. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 43 | Aug 19, 2019 | Paragraph | Measures for fulfilling States' obligations to ensure access to nutritionally adequate, culturally appropriate and safe food and to combat malnutrition will need to be adopted according to the specific context. Effective direct nutrition interventions for pregnant women include addressing anaemia and folic acid and iodine deficiency and providing calcium supplementation. Prevention and management of pre-eclampsia and eclampsia, should be ensured for all women of reproductive age to benefit their health and ensure healthy foetal and infant development. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 95 | Aug 19, 2019 | Paragraph | Legislation should fulfil a number of additional functions in the realization of children's right to health by defining the scope of the right and recognizing children as rights-holders; clarifying the roles and responsibilities of all duty bearers; clarifying what services children, pregnant women and mothers are entitled to claim; and regulating services and medications to ensure that they are of good quality and cause no harm. States must ensure that adequate legislative and other safeguards exist to protect and promote the work of human rights defenders working on children's right to health. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 87 | Aug 19, 2019 | Paragraph | The Convention should guide all international activities and programmes of donor and recipient States related directly or indirectly to children's health. It requires partner States to identify the major health problems affecting children, pregnant women and mothers in recipient countries and to address them in accordance with the priorities and principles established by article 24. International cooperation should support State-led health systems and national health plans. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
The rights of children with disabilities 2007, para. 54 | Aug 19, 2019 | Paragraph | Domestic and road traffic accidents are a major cause of disability in some countries and policies of prevention need to be established and implemented such as the laws on seat belts and traffic safety. Lifestyle issues, such as alcohol and drug abuse during pregnancy, are also preventable causes of disabilities and in some countries the fetal alcohol syndrome presents a major cause for concern. Public education, identification and support for pregnant mothers who may be abusing such substances are just some of the measures that may be taken to prevent such causes of disability among children. Hazardous environment toxins also contribute to the causes of many disabilities. Toxins, such as lead, mercury, asbestos, etc., are commonly found in most countries. Countries should establish and implement policies to prevent dumping of hazardous materials and other means of polluting the environment. Furthermore, strict guidelines and safeguards should also be established to prevent radiation accidents. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2007 | ||
Rights of rural women 2016, para. 39d | Aug 19, 2019 | Paragraph | [States parties should safeguard the right of rural women and girls to adequate health care, and ensure:] The systematic and regular monitoring of the health and nutritional status of pregnant women and new mothers, especially adolescent mothers, and their infants. In case of malnutrition or lack of access to clean water, extra food rations and drinking water should be provided systematically throughout pregnancy and lactation; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
|
| 2016 | ||
Article 24: Rights of the child 1989, para. 5 | Aug 19, 2019 | Paragraph | The Covenant requires that children should be protected against discrimination on any grounds such as race, colour, sex, language, religion, national or social origin, property or birth. In this connection, the Committee notes that, whereas non discrimination in the enjoyment of the rights provided for in the Covenant also stems, in the case of children, from article 2 and their equality before the law from article 26, the non discrimination clause contained in article 24 relates specifically to the measures of protection referred to in that provision. Reports by States parties should indicate how legislation and practice ensure that measures of protection are aimed at removing all discrimination in every field, including inheritance, particularly as between children who are nationals and children who are aliens or as between legitimate children and children born out of wedlock. | Human Rights Committee
| General Comment / Recommendation |
|
| 1989 | ||
Rights of rural women 2016, para. 49 | Aug 19, 2019 | Paragraph | Rural women are overrepresented among agricultural workers in many regions, exposing them to increased health risks linked to the improper and extensive use of fertilizers and pesticides by various actors, resulting in illnesses, early deaths, pregnancy complications, fetal disorders and physical and developmental disorders in infants and children. Those risks are compounded by their underrepresentation in agricultural cooperatives, farmers' and producers' organizations, land administration and rural workers' organizations, and their limited access to extension services. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
|
| 2016 | ||
HIV/AIDS and the rights of the children 2003, para. 25 | Aug 19, 2019 | Paragraph | Mother-to-child transmission (MTCT) is responsible for the majority of HIV infections in infants and young children. Infants and young children can be infected with HIV during pregnancy, labour and delivery, and through breastfeeding. States parties are requested to ensure implementation of the strategies recommended by the United Nations agencies to prevent HIV infection in infants and young children. These include: (a) the primary prevention of HIV infection among parents-to-be; (b) the prevention of unintended pregnancies in HIV-infected women, (c) the prevention of HIV transmission from HIV-infected women to their infants; and (d) the provision of care, treatment and support to HIV-infected women, their infants and families. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2003 | ||
HIV/AIDS and the rights of the children 2003, para. 26 | Aug 19, 2019 | Paragraph | To prevent MTCT of HIV, States parties must take steps, including the provision of essential drugs, e.g. anti-retroviral drugs, appropriate antenatal, delivery and post-partum care, and making HIV voluntary counselling and testing services available to pregnant women and their partners. The Committee recognizes that anti-retroviral drugs administered to a woman during pregnancy and/or labour and, in some regimens, to her infant, have been shown to significantly reduce the risk of transmission from mother to child. However, in addition, States parties should provide support for mothers and children, including counselling on infant feeding options. States parties are reminded that counselling of HIV-positive mothers should include information about the risks and benefits of different infant feeding options, and guidance on selecting the option most likely to be suitable for their situation. Follow-up support is also required in order for women to be able to implement their selected option as safely as possible. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2003 | ||
HIV/AIDS and the rights of the children 2003, para. 32 | Aug 19, 2019 | Paragraph | The Committee wishes to emphasize the critical implications of proof of identity for children affected by HIV/AIDS, as it relates to securing recognition as a person before the law, safeguarding the protection of rights, in particular to inheritance, education, health and other social services, as well as to making children less vulnerable to abuse and exploitation, particularly if separated from their families due to illness or death. In this respect, birth registration is critical to ensuring the rights of the child and is also necessary to minimize the impact of HIV/AIDS on the lives of affected children. States parties are, therefore, reminded of their obligation under article 7 of the Convention to ensure that systems are in place for the registration of every child at or immediately after birth. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2003 | ||
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 37 | Aug 19, 2019 | Paragraph | Recommended packages of services should be used, for example the Essential Interventions, Commodities and Guidelines for Reproductive, Maternal, Newborn and Child Health. States have an obligation to make all essential medicines on the World Health Organization Model Lists of Essential Medicines, including the list for children (in paediatric formulations where possible) available, accessible and affordable. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55h | Aug 19, 2019 | Paragraph | [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That a national system of compulsory, accessible and free birth registration is established in order to effectively prevent harmful practices, including child marriage; | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2014 | ||
Article 6: The right to life 1982, para. 5 | Aug 19, 2019 | Paragraph | Moreover, the Committee has noted that the right to life has been too often narrowly interpreted. The expression “inherent right to life” cannot properly be understood in a restrictive manner, and the protection of this right requires that States adopt positive measures. In this connection, the Committee considers that it would be desirable for States parties to take all possible measures to reduce infant mortality and to increase life expectancy, especially in adopting measures to eliminate malnutrition and epidemics. | Human Rights Committee
| General Comment / Recommendation |
|
| 1982 | ||
The right to the highest attainable standard of health (Art. 12) 2000, para. 52 | Aug 19, 2019 | Paragraph | Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to health. Examples include the failure to adopt or implement a national health policy designed to ensure the right to health for everyone; insufficient expenditure or misallocation of public resources which results in the non-enjoyment of the right to health by individuals or groups, particularly the vulnerable or marginalized; the failure to monitor the realization of the right to health at the national level, for example by identifying right to health indicators and benchmarks; the failure to take measures to reduce the inequitable distribution of health facilities, goods and services; the failure to adopt a gender sensitive approach to health; and the failure to reduce infant and maternal mortality rates. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
|
| 2000 | ||
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 18 | Aug 19, 2019 | Paragraph | Among the key determinants of children's health, nutrition and development are the realization of the mother's right to health and the role of parents and other caregivers. A significant number of infant deaths occur during the neonatal period, related to the poor health of the mother prior to, and during, the pregnancy and the immediate post-partum period, and to suboptimal breastfeeding practices. The health and health-related behaviours of parents and other significant adults have a major impact on children's health. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
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. 21 | Aug 19, 2019 | Paragraph | The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services. | Committee on Migrant Workers | General Comment / Recommendation |
|
| 2017 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 69a | Aug 19, 2019 | Paragraph | [The Committees recommend that the States parties to the Conventions:] Provide universal, free and compulsory primary education that is girl friendly, including in remote and rural areas, consider making secondary education mandatory while also providing economic incentives for pregnant girls and adolescent mothers to complete secondary school and establish non-discriminatory return policies; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
|
| 2014 | ||
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 69a | Aug 19, 2019 | Paragraph | [The Committees recommend that the States parties to the Conventions:] Provide universal, free and compulsory primary education that is girl friendly, including in remote and rural areas, consider making secondary education mandatory while also providing economic incentives for pregnant girls and adolescent mothers to complete secondary school and establish non-discriminatory return policies; | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2014 | ||
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 83 | Aug 19, 2019 | Paragraph | Private health insurance companies should ensure that they do not discriminate against pregnant women, children or mothers on any prohibited grounds and that they promote equality through partnerships with State health insurance schemes based on the principle of solidarity and ensuring that inability to pay does not restrict access to services. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
Persons with Disabilities 1994, para. 34 | Aug 19, 2019 | Paragraph | According to the Standard Rules, "States should ensure that persons with disabilities, particularly infants and children, are provided with the same level of medical care within the same system as other members of society". The right to physical and mental health also implies the right to have access to, and to benefit from, those medical and social services including orthopaedic devices which enable persons with disabilities to become independent, prevent further disabilities and support their social integration. Similarly, such persons should be provided with rehabilitation services which would enable them "to reach and sustain their optimum level of independence and functioning". All such services should be provided in such a way that the persons concerned are able to maintain full respect for their rights and dignity. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
|
| 1994 | ||
HIV/AIDS and the rights of the children 2003, para. 27 | Aug 19, 2019 | Paragraph | Even in populations with high HIV prevalence, the majority of infants are born to women who are not HIV-infected. For the infants of HIV-negative women and women who do not know their HIV status, the Committee wishes to emphasize, consistent with articles 6 and 24 of the Convention, that breastfeeding remains the best feeding choice. For the infants of HIV positive mothers, available evidence indicates that breastfeeding can add to the risk of HIV transmission by 10-20 per cent, but that lack of breastfeeding can expose children to an increased risk of malnutrition or infectious diseases other than HIV. United Nations agencies have recommended that, where replacement feeding is affordable, feasible, acceptable, sustainable and safe, avoidance of all breastfeeding by HIV-infected mothers is recommended; otherwise, exclusive breastfeeding is recommended during the first months of life and should then be discontinued as soon as it is feasible. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2003 |