CRC/C/GC/11
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29. In the design of special measures, States parties should consider the needs of indigenous
children who may face multiple facets of discrimination and also take into account the different
situation of indigenous children in rural and urban situations. Particular attention should be given
to girls in order to ensure that they enjoy their rights on an equal basis as boys. States parties
should furthermore ensure that special measures address the rights of indigenous children with
disabilities.12
Best interests of the child
30. The application of the principle of the best interests of the child to indigenous children
requires particular attention. The Committee notes that the best interests of the child is conceived
both as a collective and individual right, and that the application of this right to indigenous
children as a group requires consideration of how the right relates to collective cultural rights.
Indigenous children have not always received the distinct consideration they deserve. In some
cases, their particular situation has been obscured by other issues of broader concern to
indigenous peoples, (including land rights and political representation).13 In the case of children,
the best interests of the child cannot be neglected or violated in preference for the best interests
of the group.
31. When State authorities including legislative bodies seek to assess the best interests of an
indigenous child, they should consider the cultural rights of the indigenous child and his or her
need to exercise such rights collectively with members of their group. As regards legislation,
policies and programmes that affect indigenous children in general, the indigenous community
should be consulted and given an opportunity to participate in the process on how the best
interests of indigenous children in general can be decided in a culturally sensitive way. Such
consultations should, to the extent possible, include meaningful participation of indigenous
children.
32. The Committee considers there may be a distinction between the best interests of the
individual child, and the best interests of children as a group. In decisions regarding one
individual child, typically a court decision or an administrative decision, it is the best interests of
the specific child that is the primary concern. However, considering the collective cultural rights
of the child is part of determining the child’s best interests.
33. The principle of the best interests of the child requires States to undertake active measures
throughout their legislative, administrative and judicial systems that would systematically apply
the principle by considering the implication of their decisions and actions on children’s rights
12
Convention on the Rights of Persons with Disabilities, preamble. United Nations Declaration
on the Rights of Indigenous Peoples, A/RES/61/295, articles 21, 22.
13
UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 1.