CRC/C/GC/7/Rev.1
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12.
Young children may also suffer the consequences of discrimination against their parents,
for example if children have been born out of wedlock or in other circumstances that deviate
from traditional values, or if their parents are refugees or asylum-seekers. States parties have a
responsibility to monitor and combat discrimination in whatever forms it takes and wherever it
occurs - within families, communities, schools or other institutions. Potential discrimination in
access to quality services for young children is a particular concern, especially where health,
education, welfare and other services are not universally available and are provided through a
combination of State, private and charitable organizations. As a first step, the Committee
encourages States parties to monitor the availability of and access to quality services that
contribute to young children’s survival and development, including through systematic data
collection, disaggregated in terms of major variables related to children’s and families’
background and circumstances. As a second step, actions may be required that guarantee that all
children have an equal opportunity to benefit from available services. More generally, States
parties should raise awareness about discrimination against young children in general, and
against vulnerable groups in particular.
13.
Best interests of the child. Article 3 sets out the principle that the best interests of the
child are a primary consideration in all actions concerning children. By virtue of their relative
immaturity, young children are reliant on responsible authorities to assess and represent their
rights and best interests in relation to decisions and actions that affect their well-being, while
taking account of their views and evolving capacities. The principle of best interests appears
repeatedly within the Convention (including in articles 9, 18, 20 and 21, which are most relevant
to early childhood). The principle of best interests applies to all actions concerning children and
requires active measures to protect their rights and promote their survival, growth, and
well-being, as well as measures to support and assist parents and others who have day-to-day
responsibility for realizing children’s rights:
Best interests of individual children. All decision-making concerning a child’s
(a)
care, health, education, etc. must take account of the best interests principle, including decisions
by parents, professionals and others responsible for children. States parties are urged to make
provisions for young children to be represented independently in all legal proceedings by
someone who acts for the child’s interests, and for children to be heard in all cases where they
are capable of expressing their opinions or preferences;
(b)
Best interests of young children as a group or constituency. All law and policy
development, administrative and judicial decision-making and service provision that affect
children must take account of the best interests principle. This includes actions directly affecting
children (e.g. related to health services, care systems, or schools), as well as actions that
indirectly impact on young children (e.g. related to the environment, housing or transport).
14.
Respect for the views and feelings of the young child. Article 12 states that the child
has a right to express his or her views freely in all matters affecting the child, and to have them
taken into account. This right reinforces the status of the young child as an active participant in
the promotion, protection and monitoring of their rights. Respect for the young child’s
agency - as a participant in family, community and society - is frequently overlooked, or rejected
as inappropriate on the grounds of age and immaturity. In many countries and regions,