CRC/C/GC/19
of those measures. It is not enough to show evidence of measures taken without evidence of
results if article 4 of the Convention is to be satisfied.
“for the implementation of the rights recognized in the present
Convention”
C.
25.
The “rights recognized in the present Convention” include civil, political, economic,
social and cultural rights. States parties have the obligation to immediately realize civil and
political rights, and to implement economic, social and cultural rights “to the maximum
extent of their available resources”. That implies that the full realization of those rights will
necessarily be achieved progressively (see sect. II D below).
26.
The implementation of the rights of the child requires close attention to all four
stages of the public budget process: planning, enacting, executing and follow-up. The rights
of all children should be given consideration by States parties throughout the budget
process, in accordance with the general principles of the Convention and the budget
principles outlined in the present general comment.
27.
In terms of budgets, “implementing children’s rights” means that States parties are
obliged to mobilize, allocate and spend public resources in a manner that adheres to their
obligations of implementation. States parties shall respect, protect and fulfil all the rights of
the child, as follows:
(a)
“Respect” means that States parties should not interfere directly or indirectly
with the enjoyment of children’s rights. In relation to budgets, this means that the State
shall refrain from interfering with the enjoyment of the rights of the child by, for example,
discriminating against certain groups of children in budget decisions, or withdrawing
funding or diverting resources away from existing programmes providing for children’s
enjoyment of economic, social or cultural rights, except in the circumstances outlined in
paragraph 31 below;
(b)
“Protect” means that States parties shall prevent third parties from interfering
with rights guaranteed under the Convention and the Optional Protocols. In terms of public
budgets, examples of possible such third parties are the business sector 6 and regional or
international financial institutions that might play a role in the different stages of the public
budget process. The obligation to protect implies that States parties should seek to ensure
that their revenue mobilization, budget allocation and expenditures are not interfered with
or undermined by third parties. This will require States parties to regulate the role of such
third parties, set up complaints mechanisms and systematically intervene in cases of
infringement by them.
(c)
“Fulfil” requires States parties to take action to ensure the full realization of
the rights of the child. States parties should:
(i)
Facilitate children’s rights by taking measures that enable and assist children
to enjoy their rights. In a budgetary context, this includes equipping all levels and
structures of the executive, legislature and judiciary with the resources and
information required to advance the rights of all children in a comprehensive and
sustainable manner. This involves putting in place measures to increase knowledge
6
8
See general comment No. 16 (2013) on State obligations regarding the impact of the business sector
on children’s rights, in which the Committee indicates that “States must take all necessary,
appropriate and reasonable measures to prevent business enterprises from causing or contributing to
abuses of children’s rights” (para. 28).
GE.16-12638