The obligation to protect requires that States parties take action to prevent third parties from interfering in or restricting the rights
provided for in article 31. Accordingly, States are obliged to ensure:
(a)Non-discrimination: Legislation is required to guarantee access for every child, without discrimination on any ground, to all
recreational, cultural and artistic environments, including public and private spaces, natural spaces, parks, playgrounds, sporting
venues, museums, cinemas, libraries, theatres, as well as to cultural activities, services and events;
(b)Regulation of non- S tate actors: Legislation, regulations and guidelines should be introduced, together with the necessary
budgetary allocation and effective mechanisms for monitoring and enforcement, to ensure that all members of civil society, including
the corporate sector, comply with the provisions of article 31, including, inter alia:
mployment protection for all children to guarantee appropriate limitations on the nature, hours and days of work, rest periods and
facilities for recreation and rest, consistent with their evolving capacities. States are also encouraged to ratify and implement ILO
conventions Nos. 79, 90, 138 and 182;
stablishment of safety and accessibility standards for all play and recreational facilities, toys and games equipment;
Obligations to incorporate provision and opportunity for the realization of the rights under article 31 in urban and rural development
proposals;
Protection from cultural, artistic or recreational material which might be injurious to children’s well-being, including protection and
classification systems governing media broadcasting and film, taking into account the provisions of both article 13 on freedom of
expression and article 18 on the responsibilities of parents;
Introduction of regulations prohibiting the production of realistic war games and toys for children;
(c)Protection of children from harm: Child protection policies, procedures, professional ethics, codes and standards for all
professionals working with children in the field of play, recreation, sports, culture and the arts must be introduced and enforced.
Recognition must also be given to the need to protect children from potential harm that may be imposed by other children in the
exercise of their rights under article 31;
(d)Online safety: Measures should be introduced to promote online access and accessibility, as well as safety for children. These
should include action to empower and inform children to enable them to act safely online, to become confident and responsible
citizens of digital environments and to report abuse or inappropriate activity when it is encountered. Measures are also needed to
reduce impunity of abusive adults through legislation and international collaboration; limit access to harmful or adult-rated material and
gaming networks; improve information for parents, teachers and policymakers to raise awareness of the potential harm associated
with violent games and develop strategies for promoting safer and attractive options for children;
(e)Post - conflict safety: Active measures should be taken to restore and protect the righhts under article 31in post-conflict and
disaster situations, including, inter alia:
ncouraging play and creative expression to promote resilience and psychological healing;
Creating or restoring safe spaces, including schools, where children can participate in play and recreation as part of the normalization
of their lives;
n areas where landmines pose a threat to the safety of children, investment must be made to ensure the complete clearing of
landmines and cluster-bombs from all affected areas;
(f)Marketing and media: Action should be initiated to:
Review policies concerning the commercialization of toys and games to children, including through children’s television programmes
and directly related advertisements, with particular regard to those promoting violence, girls or boys in a sexual way and reinforcing
gender and disability stereotypes;
Limit exposure to advertising during peak viewing hours for children;
(g)Complaint mechanisms: Independent, effective, safe and accessible mechanisms must be in place for children to make
complaints and seek redress if their rights under article 31 are violated.Children need to know who they can complain to and how
(what procedure) to do so. State are encouraged to sign and ratify the Optional Protocol to the Convention on the Rights of the Child
on a communications procedure (OPIC), which will allow individual children to submit complaints of violations.
The obligation to fulfil requires that States parties adopt a wide range of measures to ensure the fulfilment of all the rights provided for
under article 31. In accordance with article 12 of the Convention, all such measures, both at the national and local levels, and
including planning, design, development, implementation and monitoring should be developed in collaboration with children
themselves, as well as NGOs and community-based organizations, through, for example, children’s clubs and associations,
community arts and sports groups, representative organizations of children and adults with disabilities, representatives from minority
communities and play organisations. In particular, consideration should be given to the following:
(a)Legislation and planning: The Committee strongly encourages States to consider introducing legislation to ensure the rights
under article 31 for every child, together with a timetable for implementation. Such legislation should address the principle of
sufficiency – all children should be given sufficient time and space to exercise these rights. Consideration should also be given to the
development of a dedicated plan, policy or framework for article 31 or to its incorporation into an overall national plan of action for