CRC/GC/2003/4
page 9
32.
Before parents give their consent, adolescents need to have a chance to express their
views freely and their views should be given due weight, in accordance with article 12 of the
Convention. However, if the adolescent is of sufficient maturity, informed consent shall be
obtained from the adolescent her/himself, while informing the parents if that is in the “best
interest of the child” (art. 3).
33.
With regard to privacy and confidentiality, and the related issue of informed consent to
treatment, States parties should (a) enact laws or regulations to ensure that confidential advice
concerning treatment is provided to adolescents so that they can give their informed consent.
Such laws or regulations should stipulate an age for this process, or refer to the evolving capacity
of the child; and (b) provide training for health personnel on the rights of adolescents to privacy
and confidentiality, to be informed about planned treatment and to give their informed consent to
treatment.
IV. VULNERABILITY AND RISK
34.
In ensuring respect for the right of adolescents to health and development, both
individual behaviours and environmental factors which increase their vulnerability and risk
should be taken into consideration. Environmental factors, such as armed conflict or social
exclusion, increase the vulnerability of adolescents to abuse, other forms of violence and
exploitation, thereby severely limiting adolescents’ abilities to make individual, healthy
behaviour choices. For example, the decision to engage in unsafe sex increases adolescents’ risk
of ill-health.
35.
In accordance with article 23 of the Convention, adolescents with mental and/or physical
disabilities have an equal right to the highest attainable standard of physical and mental health.
States parties have an obligation to provide adolescents with disabilities with the means
necessary to realize their rights.8 States parties should (a) ensure that health facilities, goods and
services are available and accessible to all adolescents with disabilities and that these facilities
and services promote their self-reliance and their active participation in the community;
(b) ensure that the necessary equipment and personal support are available to enable them to
move around, participate and communicate; (c) pay specific attention to the special needs
relating to the sexuality of adolescents with disabilities; and (d) remove barriers that hinder
adolescents with disabilities in realizing their rights.
36.
States parties have to provide special protection to homeless adolescents, including those
working in the informal sector. Homeless adolescents are particularly vulnerable to violence,
abuse and sexual exploitation from others, self-destructive behaviour, substance abuse and
mental disorders. In this regard, States parties are required to (a) develop policies and enact and
enforce legislation that protect such adolescents from violence, e.g. by law enforcement officials;
(b) develop strategies for the provision of appropriate education and access to health care, and of
opportunities for the development of livelihood skills.
37.
Adolescents who are sexually exploited, including in prostitution and pornography, are
exposed to significant health risks, including STDs, HIV/AIDS, unwanted pregnancies, unsafe
abortions, violence and psychological distress. They have the right to physical and
psychological recovery and social reintegration in an environment that fosters health, self-respect
and dignity (art. 39). It is the obligation of States parties to enact and enforce laws to prohibit all