CRC/GC/2003/5
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43.
The Committee emphasizes that States parties to the Convention have a legal obligation
to respect and ensure the rights of children as stipulated in the Convention, which includes the
obligation to ensure that non-State service providers operate in accordance with its provisions,
thus creating indirect obligations on such actors.
44.
The Committee emphasizes that enabling the private sector to provide services, run
institutions and so on does not in any way lessen the State’s obligation to ensure for all children
within its jurisdiction the full recognition and realization of all rights in the Convention
(arts. 2 (1) and 3 (2)). Article 3 (1) establishes that the best interests of the child shall be a
primary consideration in all actions concerning children, whether undertaken by public or private
bodies. Article 3 (3) requires the establishment of appropriate standards by competent bodies
(bodies with the appropriate legal competence), in particular, in the areas of health, and with
regard to the number and suitability of staff. This requires rigorous inspection to ensure
compliance with the Convention. The Committee proposes that there should be a permanent
monitoring mechanism or process aimed at ensuring that all State and non-State service
providers respect the Convention.
E. Monitoring implementation - the need for
child impact assessment and evaluation
45.
Ensuring that the best interests of the child are a primary consideration in all actions
concerning children (art. 3 (1)), and that all the provisions of the Convention are respected in
legislation and policy development and delivery at all levels of government demands a
continuous process of child impact assessment (predicting the impact of any proposed law,
policy or budgetary allocation which affects children and the enjoyment of their rights) and child
impact evaluation (evaluating the actual impact of implementation). This process needs to be
built into government at all levels and as early as possible in the development of policy.
46.
Self-monitoring and evaluation is an obligation for Governments. But the Committee
also regards as essential the independent monitoring of progress towards implementation by, for
example, parliamentary committees, NGOs, academic institutions, professional associations,
youth groups and independent human rights institutions (see paragraph 65 below).
47.
The Committee commends certain States which have adopted legislation requiring the
preparation and presentation to parliament and/or the public of formal impact analysis
statements. Every State should consider how it can ensure compliance with article 3 (1) and do
so in a way which further promotes the visible integration of children in policy-making and
sensitivity to their rights.
F. Data collection and analysis and development of indicators
48.
Collection of sufficient and reliable data on children, disaggregated to enable
identification of discrimination and/or disparities in the realization of rights, is an essential part
of implementation. The Committee reminds States parties that data collection needs to extend
over the whole period of childhood, up to the age of 18 years. It also needs to be coordinated
throughout the jurisdiction, ensuring nationally applicable indicators. States should collaborate
with appropriate research institutes and aim to build up a complete picture of progress towards
implementation, with qualitative as well as quantitative studies. The reporting guidelines for