CRC/C/GC/20
B.
Non-discrimination
21.
The Committee has identified multiple forms of discrimination, many of which have
particular implications in adolescence and necessitate an intersectional analysis and
targeted holistic measures.6 Adolescence itself can be a source of discrimination. During
this period, adolescents may be treated as dangerous or hostile, incarcerated, exploited or
exposed to violence as a direct consequence of their status. Paradoxically, they are also
often treated as incompetent and incapable of making decisions about their lives. The
Committee urges States to ensure that all of the rights of every adolescent boy and girl are
afforded equal respect and protection and that comprehensive and appropriate affirmative
action measures are introduced in order to diminish or eliminate conditions that result in
direct or indirect discrimination against any group of adolescents on any grounds. 7 States
are reminded that not every differentiation of treatment will constitute discrimination, if the
criteria for such differentiation are reasonable and objective and if the aim is to achieve a
purpose that is legitimate under the Convention. 8
C.
Best interests
22.
The right of the child to have his or her best interests taken into account as a primary
consideration is a substantive right, an interpretative legal principle and a rule of procedure,
and it applies to children both as individuals and as a group. 9 All measures of
implementation of the Convention, including legislation, policies, economic and social
planning, decision-making and budgetary decisions, should follow procedures that ensure
that the best interests of the child, including adolescents, are taken as a primary
consideration in all actions concerning them. In the light of its general comment No. 14
(2013) on the right of the child to have his or her best interests taken as a primary
consideration, the Committee stresses that, when determining best interests, the child’s
views should be taken into account, consistent with their evolving capacities 10 and taking
into consideration the child’s characteristics. States parties need to ensure that appropriate
weight is afforded to the views of adolescents as they acquire understanding and maturity.
D.
Right to be heard and to participation
23.
In accordance with article 12 of the Convention, States parties should introduce
measures to guarantee adolescents the right to express views on all matters of concern to
them, in accordance with their age and maturity, and ensure they are given due weight, for
example, in decisions relating to their education, health, sexuality, family life and judicial
and administrative proceedings. States should ensure that adolescents are involved in the
development, implementation and monitoring of all relevant legislation, policies, services
and programmes affecting their lives, at school and at the community, local, national and
international levels.11 The online environment provides significant emerging opportunities
for strengthening and expanding their engagement. The measures should be accompanied
by the introduction of safe and accessible complaint and redress mechanisms with the
6
7
8
9
10
11
See www2.ohchr.org/english/issues/women/rapporteur/docs/15YearReviewofVAWMandate.pdf.
See general comment No. 5 (2003) on general measures of implementation of the Convention, para.
12.
See Human Rights Committee general comment No. 18 (1989) on non-discrimination, para. 147.
See Committee on the Rights of the Child general comment No. 14 (2013) on the right of the child to
have his or her best interests taken as a primary consideration, para. 6.
See general comment No. 12, paras. 70-74, and No. 14, paras. 43-45.
See general comment, No. 12, para. 27.
7