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

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