CRC/C/GC/13
V.
Interpretation of article 19 in the broader context of the
Convention
59.
Definition of a child rights approach. Respect for the dignity, life, survival, wellbeing, health, development, participation and non-discrimination of the child as a rightsbearing person should be established and championed as the pre-eminent goal of States
parties’ policies concerning children. This is best realized by respecting, protecting and
fulfilling all of the rights in the Convention (and its Optional Protocols). It requires a
paradigm shift away from child protection approaches in which children are perceived and
treated as “objects” in need of assistance rather than as rights holders entitled to nonnegotiable rights to protection. A child rights approach is one which furthers the realization
of the rights of all children as set out in the Convention by developing the capacity of duty
bearers to meet their obligations to respect, protect and fulfil rights (art. 4) and the capacity
of rights holders to claim their rights, guided at all times by the rights to non-discrimination
(art. 2), consideration of the best interests of the child (art. 3, para. 1), life, survival and
development (art. 6), and respect for the views of the child (art. 12). Children also have the
right to be directed and guided in the exercise of their rights by caregivers, parents and
community members, in line with children’s evolving capacities (art. 5). This child rights
approach is holistic and places emphasis on supporting the strengths and resources of the
child him/herself and all social systems of which the child is a part: family, school,
community, institutions, religious and cultural systems.
60.
Article 2 (non-discrimination). The Committee stresses that States parties shall
take adequate measures to assure to every child the right to protection from all forms of
violence “without discrimination of any kind, irrespective of the child’s or his or her
parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status”. This includes
discrimination based on prejudices towards commercially sexually exploited children,
children in street situations or children in conflict with the law or based on children’s
clothing and behaviour. States parties must address discrimination against vulnerable or
marginalized groups of children, such as outlined in paragraph 72 (g) of the present general
comment, and make proactive efforts to ensure that such children are assured their right to
protection on an equal basis with all other children.
61.
Article 3 (best interests of the child). The Committee emphasizes that the
interpretation of a child’s best interests must be consistent with the whole Convention,
including the obligation to protect children from all forms of violence. It cannot be used to
justify practices, including corporal punishment and other forms of cruel or degrading
punishment, which conflict with the child’s human dignity and right to physical integrity.
An adult’s judgment of a child’s best interests cannot override the obligation to respect all
the child’s rights under the Convention. In particular, the Committee maintains that the best
interests of the child are best served through:
(a)
Prevention of all forms of violence and the promotion of positive childrearing, emphasizing the need for a focus on primary prevention in national coordinating
frameworks;
(b)
Adequate investment in human, financial and technical resources dedicated to
the implementation of a child rights-based and integrated child protection and support
system.
62.
Article 6 (life, survival and development). Protection from all forms of violence
must be considered not only in terms of the child’s right to “life” and “survival”, but also in
terms of their right to “development”, which must be interpreted in line with the overall
goal of child protection. Thus, the obligation of the State party includes comprehensive
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