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21.
Some States have suggested to the Committee that the inclusion in their Constitution of
guarantees of rights for “everyone” is adequate to ensure respect for these rights for children.
The test must be whether the applicable rights are truly realized for children and can be directly
invoked before the courts. The Committee welcomes the inclusion of sections on the rights of
the child in national constitutions, reflecting key principles in the Convention, which helps to
underline the key message of the Convention - that children alongside adults are holders of
human rights. But this inclusion does not automatically ensure respect for the rights of children.
In order to promote the full implementation of these rights, including, where appropriate, the
exercise of rights by children themselves, additional legislative and other measures may be
necessary.
22.
The Committee emphasizes, in particular, the importance of ensuring that domestic law
reflects the identified general principles in the Convention (arts. 2, 3, 6 and 12 (see paragraph 12
above)). The Committee welcomes the development of consolidated children’s rights statutes,
which can highlight and emphasize the Convention’s principles. But the Committee emphasizes
that it is crucial in addition that all relevant “sectoral” laws (on education, health, justice and so
on) reflect consistently the principles and standards of the Convention.
23.
The Committee encourages all States parties to enact and implement within their
jurisdiction legal provisions that are more conducive to the realization of the rights of the child
than those contained in the Convention, in the light of article 41. The Committee emphasizes
that the other international human rights instruments apply to all persons below the age
of 18 years.
V. JUSTICIABILITY OF RIGHTS
24.
For rights to have meaning, effective remedies must be available to redress violations.
This requirement is implicit in the Convention and consistently referred to in the other six major
international human rights treaties. Children’s special and dependent status creates real
difficulties for them in pursuing remedies for breaches of their rights. So States need to give
particular attention to ensuring that there are effective, child-sensitive procedures available to
children and their representatives. These should include the provision of child-friendly
information, advice, advocacy, including support for self-advocacy, and access to independent
complaints procedures and to the courts with necessary legal and other assistance. Where rights
are found to have been breached, there should be appropriate reparation, including
compensation, and, where needed, measures to promote physical and psychological recovery,
rehabilitation and reintegration, as required by article 39.
25.
As noted in paragraph 6 above, the Committee emphasizes that economic, social and
cultural rights, as well as civil and political rights, must be regarded as justiciable. It is essential
that domestic law sets out entitlements in sufficient detail to enable remedies for non-compliance
to be effective.
VI. ADMINISTRATIVE AND OTHER MEASURES
26.
The Committee cannot prescribe in detail the measures which each or every State party
will find appropriate to ensure effective implementation of the Convention. But from its first