CRC/C/GC/11
page 6
24. As previously stated in the Committee’s general comment No. 5 on general measures of
implementation, the non-discrimination obligation requires States actively to identify individual
children and groups of children the recognition and realization of whose rights may demand
special measures. For example, the Committee highlights, in particular, the need for data
collection to be disaggregated to enable discrimination or potential discrimination to be
identified. Addressing discrimination may furthermore require changes in legislation,
administration and resource allocation, as well as educational measures to change attitudes.8
25. The Committee, through its extensive review of State party reports, notes that indigenous
children are among those children who require positive measures in order to eliminate conditions
that cause discrimination and to ensure their enjoyment of the rights of the Convention on equal
level with other children. In particular, States parties are urged to consider the application of
special measures in order to ensure that indigenous children have access to culturally appropriate
services in the areas of health, nutrition, education, recreation and sports, social services,
housing, sanitation and juvenile justice.9
26. Among the positive measures required to be undertaken by States parties is disaggregated
data collection and the development of indicators for the purposes of identifying existing and
potential areas of discrimination of indigenous children. The identification of gaps and barriers
to the enjoyment of the rights of indigenous children is essential in order to implement
appropriate positive measures through legislation, resource allocation, policies and
programmes.10
27. States parties should ensure that public information and educational measures are taken to
address the discrimination of indigenous children. The obligation under article 2 in conjunction
with articles 17, 29.1 (d) and 30 of the Convention requires States to develop public campaigns,
dissemination material and educational curricula, both in schools and for professionals, focused
on the rights of indigenous children and the elimination of discriminatory attitudes and practices,
including racism. Furthermore, States parties should provide meaningful opportunities for
indigenous and non-indigenous children to understand and respect different cultures, religions,
and languages.
28. In their periodic reports to the Committee, States parties should identify measures and
programmes undertaken to address discrimination of indigenous children in relation to the
Declaration and Programme of Action adopted at the 2001 World Conference against Racism,
Discrimination, Xenophobia and Related Intolerance. 11
8
CRC, general comment No. 5 on General Measures of Implementation, 2003, para. 12.
9
Recommendations of CRC Day of General Discussion on the Rights of Indigenous
Children, 2003, para. 9.
10
11
Ibid., para. 6.
Recommendations of CRC Day of General Discussion on the Rights of Indigenous
Children, 2003, para. 12.