CRC/C/GC/13
protection from violence and exploitation which would jeopardize a child’s right to life,
survival and development. The Committee expects States to interpret “development” in its
broadest sense as a holistic concept, embracing the child’s physical, mental, spiritual,
moral, psychological and social development. Implementation measures should be aimed at
achieving the optimal development for all children.
63.
Article 12 (right to be heard). The Committee is of the opinion that child
participation promotes protection and child protection is key to participation. The child’s
right to be heard commences already with very young children who are particularly
vulnerable to violence. Children’s views must be invited and given due weight as a
mandatory step at every point in a child protection process. The child’s right to be heard has
particular relevance in situations of violence (see the Committee’s general comment No. 12
(2009), paras. 118 ff). With regard to family and child-rearing, the Committee expressed
that this right plays a preventive role against all forms of violence in the home and family.
The Committee furthermore underlines the importance of children’s participation in the
development of prevention strategies in general and in school, in particular in the
elimination and prevention of bullying, and other forms of violence in school. Initiatives
and programmes that are aimed at strengthening children’s own capacities to eliminate
violence should be supported. As the experience of violence is inherently disempowering,
sensitive measures are needed to ensure that child protection interventions do not further
disempower children but rather contribute positively to their recovery and reintegration via
carefully facilitated participation. The Committee notes that barriers to participation are
faced by particularly marginalized and/or discriminated groups. Addressing these barriers is
especially relevant for child protection, as such children are often among those most
affected by violence.
64.
The following two articles of the Convention also have all-embracing relevance
which gives them particular significance for the implementation of article 19.
65.
Article 4 (appropriate measures). Article 4 obliges States parties to undertake all
appropriate measures to implement all the rights in the Convention, including article 19. In
applying article 4 of the Convention, it must be noted that the right to protection from all
forms of violence outlined in article 19 is a civil right and freedom. Implementation of
article 19 is therefore an immediate and unqualified obligation of States parties. In the light
of article 4, whatever their economic circumstances, States are required to undertake all
possible measures towards the realization of the rights of the child, paying special attention
to the most disadvantaged groups (see the Committee’s general comment No. 5, para. 8).
The article stresses that available resources must be utilized to the maximum extent.
66.
Article 5 (direction and guidance consistent with evolving capacities).
Implementation of article 19 requires recognition of, and support for, the primary
importance of parents, extended families, legal guardians and community members in the
caregiving and protection of children and the prevention of violence. This approach is
consistent with article 5, which promotes respect for the responsibilities, rights and duties
of caregivers to provide, in a manner consistent with the evolving capacities of the child,
appropriate direction and guidance in the exercise by the child of the rights recognized in
the Convention (including in article 19). (See also para. 72 (d) on the primacy of familes in
the context of national coordinating frameworks and other articles relevant to families).
67.
Other relevant articles. The Convention contains numerous articles which relate
explicitly or implicitly to violence and child protection. Article 19 should be read in
conjunction with these articles. These comprehensive references demonstrate the need to
take account of the pervasive threat to the implementation of child rights by violence in all
its forms and to ensure the protection of children in all situations of life and development.
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