schools, hospitals, detention centres, remand homes and refugee centres, where opportunities for play, recreation and participation in
cultural and artistic life may be limited or denied. The Committee stresses the need for States to work towards the deinstitutionalization of children; but until that goal is reached, States should adopt measures to ensure that all such institutions guarantee
both spaces and opportunities for children to associate with their peers in the community, to play and to participate in games, physical
exercise, cultural and artistic life. Such measures should not be restricted to compulsory or organized activities; safe and stimulating
environments are needed for children to engage in free play and recreation. Wherever possible, children should be afforded these
opportunities within local communities. Children living in institutions for significant periods of time also require appropriate literature,
periodicals and access to the Internet, as well as support to enable them to make use of such resources. Availability of time,
appropriate space, adequate resources and equipment, trained and motivated staff and provision of dedicated budgets are needed to
create the necessary environments to ensure that every child living in an institution can realize his or her rights under article 31.
Children from indigenous and minority communities: Ethnic, religious, racial or caste discrimination can serve to exclude children
from realizing their rights under article 31. Hostility, assimilation policies, rejection, violence and discrimination may result in barriers to
enjoyment by indigenous and minority children of their own cultural practices, rituals and celebrations, as well as to their participation
in sports, games, cultural activities, play and recreation alongside other children. States have an obligation to recognize, protect and
respect the right of minority groups to take part in the cultural and recreational life of the society in which they live, as well as to
conserve, promote and develop their own culture. However, children from indigenous communities also have the right to experience
and explore cultures beyond the boundaries of their own family traditions. Cultural and artistic programmes must be based on
inclusion, participation and non-discrimination.
Children in situations of conflict, humanitarian and natural disasters: The rights provided for in article 31 are often given lower
priority in situations of conflict or disaster than the provision of food, shelter and medicines. However, in these situations,
opportunities for play, recreation and cultural activity can play a significant therapeutic and rehabilitative role in helping children
recover a sense of normality and joy after their experience of loss, dislocation and trauma. Play, music, poetry or drama can help
refugee children and children who have experienced bereavement, violence, abuse or exploitation, for example, to overcome
emotional pain and regain control over their lives. Such activities can restore a sense of identity, help them make meaning of what has
happened to them, and enable them experience fun and enjoyment. Participation in cultural or artistic activities, as well as in play and
recreation, offers children an opportunity to engage in a shared experience, to re-build a sense of personal value and self-worth, to
explore their own creativity and to achieve a sense of connectedness and belonging. Settings for play also provide opportunities for
monitors to identify children suffering from the harmful impact of conflict.
VIII.States parties’ obligations
Article 31 imposes three obligations on States parties to guarantee that the rights it covers are realized by every child without
discrimination:
(a)The obligation to respect requires States parties to refrain from interfering, directly or indirectly, in the enjoyment of the rights
provided for in article 31;
(b)The obligation to protect requires States parties to take steps to prevent third parties from interfering in the rights under article 31;
(c)The obligation to fulfil requires States parties to introduce the necessary legislative, administrative, judicial, budgetary, promotional
and other measures aimed at facilitating the full enjoyment of the rights provided for in article 31 by undertaking action to make
available all necessary services, provision and opportunities.
While the International Covenant on Economic, Social and Cultural Rights provides for the progressive realization of economic, social
and cultural rights and recognizes the problems arising from limited resources, it imposes on States parties the specific and continuing
obligation, even where resources are inadequate, to “strive to ensure the widest possible enjoyment of the relevant rights under the
prevailing circumstances”. As such, no regressive measures in relation to the rights under article 31 are permitted. Should any such
deliberate measure be taken, the State would have to prove that it has carefully considered all the alternatives, including giving due
weight to children’s expressed views on the issue, and that the decision was justified, bearing in mind all other rights provided for in
the Convention.
The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of every child, individually
or in association with others, to realise his or her rights under article 31, including:
(a)Support for caregivers:Guidance, support and facilitation with regard to the rights under article 31should be provided to parents
and caregivers in line with article 18, paragraph 2, of the Convention. Such support could be in the form of practical guidance, for
example, on how to listen to children while playing; create environments that facilitate children’s play; allow children to play freely and
play with children. It could also address the importance of encouraging creativity and dexterity; balancing safety and discovery; the
developmental value of play and guided exposure to cultural, artistic and recreational activities.
(b)Awareness raising: States should invest in measures to challenge widespread cultural attitudes which attach low value to the
rights provided for in article 31, including:
Public awareness of both the right to and the significance of play, recreation, rest, leisure and participation in cultural and artistic
activities for both boys and girls of all ages in contributing to the enjoyment of childhood, promoting the optimum development of the
child and building positive learning environments;
Measures to challenge the pervasive negative attitudes, particularly towards adolescents, which lead to restrictions on the
opportunities for the enjoyment of their rights under article 31. In particular, opportunities should be created for children to represent
themselves in the media.