IV.Obligationsand responsibilities
A.State parties’ obligations to respect, protect and fulfil
States have three types of obligations relating to human rights, including children’s right to health: to respect freedoms and
entitlements, to protect both freedoms and entitlements fromthird parties or fromsocial or environmental threats, and to fulfil the
entitlements through facilitation or direct provision. In accordance with article 4 of the Convention, States parties shall fulfil the
entitlements contained in children’s right to health to the maximum extent of their available resources and, where needed, within the
framework of international cooperation.
All States, regardless of their level of development, are required to take immediate action to implement these obligations as a matter
of priority and without discrimination of any kind. Where the available resources are demonstrably inadequate, States are still
required to undertake targeted measures to move as expeditiously and effectively as possible towards the full realization of children’s
right to health. Irrespective of resources, States have the obligation not to take any retrogressive steps that could hamper the
enjoyment of children’s right to health.
The core obligations, under children’s right to health, include:
Reviewing the national and subnational legal and policy environment and, where necessary, amendinglaws and policies;
Ensuring universal coverage of quality primary health services, including prevention, health promotion, care and treatment services,
and essential drugs;
Providing an adequate response to the underlying determinants of children’s health; and
Developing, implementing, monitoring and evaluating policies and budgeted plans of actions that constitute a human rights-based
approach to fulfilling children’s right to health.
States should demonstrate their commitment to progressive fulfilment of all obligations under article 24, prioritizing this even in the
context of political or economic crisis or emergency situations. This requires that children’s health and related policies, programmes
and services be planned, designed, financed and implemented in a sustainable manner.
B.Responsibilities of non-State actors
The State is responsible for realizing children’s right to health regardless of whether or not it delegates the provision of services to
non-State actors. In addition to the State, a wide range of non-State actors who provide information and services related to
children’s health and its underlying determinants have specific responsibilities and impact in this regard.
States’ obligations include a duty to promote awareness of non-State actors’ responsibilities and to ensure that all non-State actors
recognize, respect and fulfil their responsibilities to the child, applying due diligence procedures where necessary.
The Committee calls on all non-State actors engaged in health promotion and services, especially the private sector, including the
pharmaceutical and health-technology industry as well as the mass media and health service providers, to act in compliance with the
provisions of the Convention and to ensure compliance by any partners who deliver services on their behalf. Such partners include
international organizations, banks, regional financial institutions, global partnerships, the private sector (private foundations and funds),
donors and any other entities providing services or financial support to children’s health, particularly in humanitarian emergencies or
politically unstable situations.
1.Responsibilities of parents and other caregivers
The responsibilities of parents and other caregivers are expressly referred to in several provisions of the Convention. Parents should
fulfil their responsibilities while always acting in the best interests of the child, if necessary with the support of the State. Taking the
child’s evolving capacity into account, parents and caregivers should nurture, protect and support children to grow and develop in a
healthy manner. Although not explicit in article 24, paragraph 2(f), the Committee understands any reference to parents to also
include other caregivers.
2.Non-State service providers and other non-State actors
(a)Non-State service providers
All health service providers, including non-State actors, must incorporate and apply to the design, implementation and evaluation of
their programmes and services all relevant provisions of the Convention, as well as the criteria of availability, accessibility,
acceptability and quality, as described in chapter VI, section E, ofthe presentgeneral comment.
(b)Private sector
All business enterprises have an obligation of due diligence with respect to human rights, which include all rights enshrined under the
Convention. States should require businesses to undertake children’s rights due diligence. This will ensure that business enterprises
identify, prevent and mitigate their negative impact on children’s right to health including across their business relationships and within
any global operations. Large business enterprises should be encouraged and, where appropriate, required to make public their efforts
to address their impact on children’s rights.