CRC/C/GC/14
IV.
A.
1.
Legal analysis and links with the general principles of the
Convention
Legal analysis of article 3, paragraph 1
“In all actions concerning children”
(a)
“in all actions”
17.
Article 3, paragraph 1 seeks to ensure that the right is guaranteed in all decisions and
actions concerning children. This means that every action relating to a child or children has
to take into account their best interests as a primary consideration. The word “action” does
not only include decisions, but also all acts, conduct, proposals, services, procedures and
other measures.
18.
Inaction or failure to take action and omissions are also “actions”, for example,
when social welfare authorities fail to take action to protect children from neglect or abuse.
(b)
“concerning”
19.
The legal duty applies to all decisions and actions that directly or indirectly affect
children. Thus, the term “concerning” refers first of all, to measures and decisions directly
concerning a child, children as a group or children in general, and secondly, to other
measures that have an effect on an individual child, children as a group or children in
general, even if they are not the direct targets of the measure. As stated in the Committee’s
general comment No. 7 (2005), such actions include those aimed at children (e.g. related to
health, care or education), as well as actions which include children and other population
groups (e.g. related to the environment, housing or transport) (para. 13 (b)). Therefore,
“concerning” must be understood in a very broad sense.
20.
Indeed, all actions taken by a State affect children in one way or another. This does
not mean that every action taken by the State needs to incorporate a full and formal process
of assessing and determining the best interests o the child. However, where a decision will
have a major impact on a child or children, a greater level of protection and detailed
procedures to consider their best interests is appropriate.
Thus, in relation to measures that are not directly aimed at the child or children, the term
“concerning” would need to be clarified in the light of the circumstances of each case in
order to be able to appreciate the impact of the action on the child or children.
(c)
“children”
21.
The term “children” refers to all persons under the age of 18 within the jurisdiction
of a State party, without discrimination of any kind, in line with articles 1 and 2 of the
Convention.
22.
Article 3, paragraph 1, applies to children as individuals and places an obligation on
States parties to assess and take the child’s best interests as a primary consideration in
individual decisions.
23.
However, the term “children” implies that the right to have their best interests duly
considered applies to children not only as individuals, but also in general or as a group.
Accordingly, States have the obligation to assess and take as a primary consideration the
best interests of children as a group or in general in all actions concerning them. This is
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