CRC/C/GC/13
exposed to violence in many settings where professionals and State actors have often
misused their power over children, such as schools, residential homes, police stations or
justice institutions. All of these conditions fall under the scope of article 19, which is not
limited to violence perpetrated solely by caregivers in a personal context.
3.
“shall take …”
37.
“Shall take” is a term which leaves no leeway for the discretion of States parties.
Accordingly, States parties are under strict obligation to undertake “all appropriate
measures” to fully implement this right for all children.
4.
“all appropriate legislative, administrative, social and educational measures”
38.
General measures of implementation and monitoring. The Committee draws the
attention of States parties to general comment No. 5 (2003) on general measures of
implementation of the Convention on the Rights of the Child. 16 The Committee also refers
States parties to its general comment No. 2 (2002) on the role of independent national
human rights institutions in the promotion and protection of the rights of the child. These
measures of implementation and monitoring are essential to bring article 19 into reality.
39.
“All appropriate...measures”. The term “appropriate” refers to the broad range of
measures cutting across all sectors of Government, which must be used and be effective in
order to prevent and respond to all forms of violence. “Appropriate” cannot be interpreted
to mean acceptance of some forms of violence. An integrated, cohesive, interdisciplinary
and coordinated system is required, which incorporates the full range of measures identified
in article 19, paragraph 1, across the full range of interventions listed in paragraph 2.
Isolated programmes and activities which are not integrated into sustainable and
coordinated government policy and infrastructures will have limited effects. Child
participation is essential in the development, monitoring and evaluation of the measures
outlined here.
40.
Legislative measures refer to both legislation, including the budget, and the
implementing and enforcing measures. They comprise national, provincial and municipal
laws and all relevant regulations, which define frameworks, systems, mechanisms and the
roles and responsibilities of concerned agencies and competent officers.
41.
State parties that have not yet done so must:
(a)
Ratify the two Optional Protocols to the Convention, and other international
and regional human rights instruments that provide protection for children, including the
Convention on the Rights of Persons with Disabilities and its Optional Protocol and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;
(b)
Review and withdraw declarations and reservations contrary to the object and
purpose of the Convention or otherwise contrary to international law;
(c)
Strengthen cooperation with treaty bodies and other human rights
mechanisms;
(d)
Review and amend domestic legislation in line with article 19 and its
implementation within the holistic framework of the Convention, establishing a
comprehensive policy on child rights and ensuring absolute prohibition of all forms of
16
14
See in particular paras. 9 (range of measures required), 13 and 15 (regarding withdrawal and
eligibility of reservations), and 66 and 67 (dissemination of the Convention).