CRC/GC/2003/5
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38.
The Committee believes that, as a treaty body, it is not advisable for it to attempt to
prescribe detailed arrangements appropriate for very different systems of government across
States parties. There are many formal and informal ways of achieving effective coordination,
including for example inter-ministerial and interdepartmental committees for children. The
Committee proposes that States parties, if they have not already done so, should review the
machinery of government from the perspective of implementation of the Convention and in
particular of the four articles identified as providing general principles (see paragraph 12 above).
39.
Many States parties have with advantage developed a specific department or unit close to
the heart of Government, in some cases in the President’s or Prime Minister’s or Cabinet office,
with the objective of coordinating implementation and children’s policy. As noted above, the
actions of virtually all government departments impact on children’s lives. It is not practicable
to bring responsibility for all children’s services together into a single department, and in any
case doing so could have the danger of further marginalizing children in Government. But a
special unit, if given high-level authority - reporting directly, for example, to the Prime Minister,
the President or a Cabinet Committee on children - can contribute both to the overall purpose of
making children more visible in Government and to coordination to ensure respect for children’s
rights across Government and at all levels of Government. Such a unit can be given
responsibility for developing the comprehensive children’s strategy and monitoring its
implementation, as well as for coordinating reporting under the Convention.
C. Decentralization, federalization and delegation
40.
The Committee has found it necessary to emphasize to many States that decentralization
of power, through devolution and delegation of government, does not in any way reduce the
direct responsibility of the State party’s Government to fulfil its obligations to all children within
its jurisdiction, regardless of the State structure.
41.
The Committee reiterates that in all circumstances the State which ratified or acceded to
the Convention remains responsible for ensuring the full implementation of the Convention
throughout the territories under its jurisdiction. In any process of devolution, States parties have
to make sure that the devolved authorities do have the necessary financial, human and other
resources effectively to discharge responsibilities for the implementation of the Convention. The
Governments of States parties must retain powers to require full compliance with the Convention
by devolved administrations or local authorities and must establish permanent monitoring
mechanisms to ensure that the Convention is respected and applied for all children within its
jurisdiction without discrimination. Further, there must be safeguards to ensure that
decentralization or devolution does not lead to discrimination in the enjoyment of rights by
children in different regions.
D. Privatization
42.
The process of privatization of services can have a serious impact on the recognition and
realization of children’s rights. The Committee devoted its 2002 day of general discussion to the
theme “The private sector as service provider and its role in implementing child rights”, defining
the private sector as including businesses, NGOs and other private associations, both for profit
and not-for-profit. Following that day of general discussion, the Committee adopted detailed
recommendations to which it draws the attention of States parties.13