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can develop. Adolescents need to be recognized by the members of their family environment as
active rights holders who have the capacity to become full and responsible citizens, given the
proper guidance and direction.
Respect for the views of the child
8.
The right to express views freely and have them duly taken into account (art. 12) is also
fundamental in realizing adolescents’ right to health and development. States parties need to
ensure that adolescents are given a genuine chance to express their views freely on all matters
affecting them, especially within the family, in school, and in their communities. In order for
adolescents to be able safely and properly to exercise this right, public authorities, parents and
other adults working with or for children need to create an environment based on trust,
information-sharing, the capacity to listen and sound guidance that is conducive for adolescents’
participating equally including in decision-making processes.
Legal and judicial measures and processes
9.
Under article 4 of the Convention, “States parties shall undertake all appropriate
legislative, administrative and other measures for the implementation of the rights recognized”
therein. In the context of the rights of adolescents to health and development, States parties need
to ensure that specific legal provisions are guaranteed under domestic law, including with regard
to setting a minimum age for sexual consent, marriage and the possibility of medical treatment
without parental consent. These minimum ages should be the same for boys and girls
(article 2 of the Convention) and closely reflect the recognition of the status of human beings
under 18 years of age as rights holders, in accordance with their evolving capacity, age and
maturity (arts. 5 and 12 to 17). Further, adolescents need to have easy access to individual
complaint systems as well as judicial and appropriate non-judicial redress mechanisms that
guarantee fair and due process, with special attention to the right to privacy (art. 16).
Civil rights and freedoms
10.
The Convention defines the civil rights and freedoms of children and adolescents in its
articles 13 to 17. These are fundamental in guaranteeing the right to health and development of
adolescents. Article 17 states that the child has the right to “access information and material
from a diversity of national and international sources, especially those aimed at the promotion of
his or her social, spiritual and moral well-being and physical and mental health”. The right of
adolescents to access appropriate information is crucial if States parties are to promote
cost-effective measures, including through laws, policies and programmes, with regard to
numerous health-related situations, including those covered in articles 24 and 33 such as family
planning, prevention of accidents, protection from harmful traditional practices, including early
marriages and female genital mutilation, and the abuse of alcohol, tobacco and other harmful
substances.
11.
In order to promote the health and development of adolescents, States parties are also
encouraged to respect strictly their right to privacy and confidentiality, including with respect to
advice and counselling on health matters (art. 16). Health-care providers have an obligation to
keep confidential medical information concerning adolescents, bearing in mind the basic
principles of the Convention. Such information may only be disclosed with the consent of the