The Committee on the Rights of the Child (hereinafter “the Committee”) recognizes that most mortality, morbidity and
disabilitiesamong children could be prevented if there were political commitment and sufficient allocationof resources directed
towards the application ofavailable knowledge and technologies for prevention, treatment and care. The presentgeneral comment was
prepared with the aim of providing guidance and support to States parties and other duty bearers to support them inrespecting,
protecting and fulfilling children’s right to the enjoyment of the highest attainable standard of health (hereinafter “children’s right to
health”).
The Committee interprets children’s right to health as defined in article 24 as an inclusive right, extending not only to timely and
appropriate prevention, health promotion, curative, rehabilitative and palliative services, but also to a right to grow and develop to
their full potential and live in conditions that enable them to attain the highest standard of health through the implementation of
programmes that address the underlying determinants of health. A holistic approach to health places the realization of children’s right
to health within the broader framework of international human rights obligations.
The Committee addressesthis general comment to a range of stakeholders working in the fields of children’s rights and public health,
including policymakers, programme implementers and activists, as well as parents and children themselves. It is explicitly generic in
order to ensure its relevance to a wide range of children’s health problems, health systems and the varied contexts that exist in
different countries and regions. It focuses primarily on article 24, paragraphs 1 and 2, and alsoaddresses article 24, paragraph 4.
Implementation of article 24 must take into account all human rights principles, especially the guiding principles of the Convention, and
must be shaped by evidence-based public health standards and best practices.
In the Constitution of the World Health Organization, States have agreed to regard health as a state of complete physical, mental and
social well-being and not merely the absence of disease or infirmity. This positive understanding of health provides the public health
foundation for the present general comment. Article 24 explicitly mentions primary health care, anapproach to which was defined in
the Declaration of Alma-Ataand reinforced by the World Health Assembly. This approach emphasizes the need to eliminate exclusion
and reduce social disparities in health; organize health services around people’s needs and expectations; integrate health into related
sectors; pursue collaborative models of policy dialogue; and increase stakeholder participation, including the demand for and
appropriate use of services.
Children’s health is affected by a variety of factors, many of which have changed during the past 20years and are likely to continue to
evolve in the future. This includes the attention given to new health problems and changing health priorities, such as: HIV/AIDS,
pandemic influenza, non-communicable diseases, importance of mental health care, care of the new born, and neonatal and
adolescent mortality; increased understanding of the factors that contribute to death, disease and disability in children, including
structural determinants, such as the global economic and financial situation, poverty, unemployment, migration and population
displacements, war and civil unrest, discrimination and marginalization. There is also a growing understanding of the impact of climate
change and rapid urbanization on children’s health; the development of new technologies, such as vaccines and pharmaceuticals; a
stronger evidence base for effective biomedical, behavioural and structural interventions, as well as some cultural practices that relate
to child-rearing and have proved to have a positive impact on children.
Advances in information and communication technologies have created new opportunities and challenges to achieve children’s right to
health. Despite the additional resources and technologies that have now become available to the health sector, many countries still fail
to provide universal access to basic children’s health promotion, prevention and treatment services. A wide range of different
dutybearers need to be involved if children’s right to health is to be fully realized and the central role played by parents and other
caregivers needs to be better recognized. Relevant stakeholders will need to be engaged, working at national, regional, district and
community levels, including governmental and non-governmental partners, private sector and funding organizations. States have an
obligation to ensure that all dutybearers have sufficient awareness, knowledge and capacity to fulfil their obligations and
responsibilities, and that children’s capacity is sufficiently developed to enable them to claim their right to health.
II.Principles and premises for realizingchildren’s right to health
A.The indivisibility and interdependence of children’s rights
The Convention recognizes the interdependence and equal importance of all rights (civil, political, economic, social and cultural) that
enable all children to develop their mental and physical abilities, personalities and talents to the fullest extent possible. Not only is
children’s right to health important in and of itself, but also the realization of the right to health is indispensable for the enjoyment of all
the other rights in the Convention. Moreover, achieving children’s right to health is dependent on the realization of many other rights
outlined in the Convention.
B.Right to non-discrimination
In order to fully realize the right to health for all children, States parties have an obligation to ensure that children’s health is not
undermined as a result of discrimination, which is a significantfactor contributing to vulnerability. A number of grounds on which
discrimination is proscribed are outlined in article 2 of the Convention, including the child’s, parent’s or legal guardian’s race, colour,
sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. These also
include sexual orientation, gender identity and health status, for example HIV status and mental health. Attention should also be given
to any other forms of discrimination that might undermine children’s health, and the implications of multiple forms of discrimination
should also be addressed.
Gender-based discrimination is particularly pervasive, affecting a wide range of outcomes, from female infanticide/foeticide to
discriminatory infant and young child feeding practices, gender stereotyping and access to services. Attention should be given to the
differing needs of girls and boys, and the impact of gender-related social norms and values on the health and development of boys
and girls. Attention also needs to be given to harmful gender-based practices and norms of behaviour that are ingrained in traditions