CRC/GC/2003/5
page 4
Article 2: the obligation of States to respect and ensure the rights set forth
in the Convention to each child within their jurisdiction without discrimination of
any kind. This non-discrimination obligation requires States actively to identify
individual children and groups of children the recognition and realization of whose rights
may demand special measures. For example, the Committee highlights, in particular,
the need for data collection to be disaggregated to enable discrimination or potential
discrimination to be identified. Addressing discrimination may require changes in
legislation, administration and resource allocation, as well as educational measures to
change attitudes. It should be emphasized that the application of the non-discrimination
principle of equal access to rights does not mean identical treatment. A general comment
by the Human Rights Committee has underlined the importance of taking special
measures in order to diminish or eliminate conditions that cause discrimination.6
Article 3 (1): the best interests of the child as a primary consideration in all
actions concerning children. The article refers to actions undertaken by “public or
private social welfare institutions, courts of law, administrative authorities or legislative
bodies”. The principle requires active measures throughout Government, parliament and
the judiciary. Every legislative, administrative and judicial body or institution is required
to apply the best interests principle by systematically considering how children’s rights
and interests are or will be affected by their decisions and actions - by, for example, a
proposed or existing law or policy or administrative action or court decision, including
those which are not directly concerned with children, but indirectly affect children.
Article 6: the child’s inherent right to life and States parties’ obligation to
ensure to the maximum extent possible the survival and development of the child.
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.
Article 12: the child’s right to express his or her views freely in “all matters
affecting the child”, those views being given due weight. This principle, which
highlights the role of the child as an active participant in the promotion, protection and
monitoring of his or her rights, applies equally to all measures adopted by States to
implement the Convention.
Opening government decision-making processes to children is a positive
challenge which the Committee finds States are increasingly responding to. Given that
few States as yet have reduced the voting age below 18, there is all the more reason to
ensure respect for the views of unenfranchised children in Government and parliament.
If consultation is to be meaningful, documents as well as processes need to be made
accessible. But appearing to “listen” to children is relatively unchallenging; giving due
weight to their views requires real change. Listening to children should not be seen as an
end in itself, but rather as a means by which States make their interactions with children
and their actions on behalf of children ever more sensitive to the implementation of
children’s rights.