and customs and undermine the right to health of girls and boys.
All policies and programmes affecting children’s health should be grounded in a broad approach to gender equality that ensures
young women’s full political participation; social and economic empowerment; recognition of equal rights related to sexual and
reproductive health; and equal access to information, education, justice and security, including the elimination of all forms of sexual
and gender-based violence.
Children in disadvantaged situations and under-served areas should be a focus of efforts to fulfil children’s right to health. States
should identify factors at national and subnational levels that create vulnerabilities for children or that disadvantage certain groups of
children. These factors should be addressed when developing laws, regulations, policies, programmes and services for children’s
health, and work towards ensuring equity.
C.The best interests of the child
Article 3, paragraph 1, of the Convention places an obligation on public and private social welfare institutions, courts of law,
administrative authorities and legislative bodies to ensure that the best interests of the child are assessed and taken as a primary
consideration in all actions affecting children. This principle must be observed in all health-related decisions concerning individual
children or children as a group. Individual children’s best interests should be based on their physical, emotional, social and
educational needs, age, sex, relationship with parents and caregivers, and their family and social background, and after having heard
their views according to article 12 of the Convention.
The Committee urges States to place children’s best interests at the centre of all decisions affecting their health and development,
including the allocation of resources, and the development and implementation of policies and interventions that affect the underlying
determinants of their health. For example, the best interests of the child should:
Guide treatment options, superseding economic considerations where feasible;
Aid the resolution of conflict of interest between parents and health workers; and
Influence the development of policies to regulate actions that impede the physical and social environments in which children live, grow
and develop.
The Committee underscores the importance of the best interests of the child as a basis for all decision-making with regard to
providing, withholding or terminating treatment for all children. States should develop procedures and criteria to provide guidance to
health workers for assessing the best interests of the child in the area of health, in addition to other formal, binding processes that are
in place for determining the child’s best interests. The Committee in its general comment No. 3 has underlined that adequate measures
to address HIV/AIDS can be undertaken only if the rights of children and adolescents are fully respected. The child’s best interests
should therefore guide the consideration of HIV/AIDS at all levels of prevention, treatment, care and support.
In its general comment No.4, the Committee underlined the best interests of the child to have access to appropriate information on
health issues. Special attention must be given to certain categories of children, including children and adolescents with psychosocial
disabilities. Where hospitalization or placement in an institution is being considered, this decision should be made in accordance with
the principle of the best interests of the child, with the primary understanding that it is in the best interests of all children with
disabilities to be cared for, as far as possible, in the community in a family setting and preferably within their own family with the
necessary supports made available to the family and the child.
D.Right to life, survival and development and the determinants of children’s health
Article 6 highlights the States parties’ obligation to ensure the survival, growth and development of the child, including the physical,
mental, moral, spiritual and social dimensions of their development. The many risks and protective factors that underlie the life,
survival, growth and development of the child need to be systematically identified in order to design and implement evidence-informed
interventions that address a wide range of determinants during the lifecourse.
The Committee recognizes that a number of determinants need to be considered for the realization of children’s right to health,
including individual factors such as age, sex, educational attainment, socioeconomic status and domicile; determinants at work in the
immediate environment of families, peers, teachers and serviceproviders, notably the violence that threatens the life and survival of
children as part of their immediate environment; and structural determinants, including policies, administrative structures and systems,
social and cultural values and norms.
Among the key determinants of children’s health, nutrition and development are the realization of the mother’s right to healthand the
role of parents and other caregivers. A significant number of infant deaths occur during the neonatal period, related to the poor health
of the mother prior to, and during, the pregnancy and the immediate post-partum period, and to suboptimal breastfeeding practices.
The health and health-related behaviours of parents and other significant adults have a major impact on children’s health.
E.Right of the child to be heard
Article 12 highlights the importance of children’s participation, providing for children to express their views and to have such views
seriously taken into account, according to age and maturity. This includes their views on all aspects of health provisions, including, for
example, what services are needed, how and where they are best provided, barriers to accessing or using services, the quality of the
services and the attitudes of health professionals, how to strengthen children’s capacities to take increasing levels of responsibility for
their own health and development, and how to involve them more effectively in the provision of services, as peer educators. States
are encouraged to conduct regular participatory consultations, which are adapted to the age and maturity of the child, and research