CRC/C/GC/11
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Respect for the views of the child
37. The Committee considers that, in relation to article 12, there is a distinction between the
right of the child as an individual to express his or her opinion and the right to be heard
collectively, which allows children as a group to be involved in consultations on matters
involving them.
38. With regard to the individual indigenous child, the State party has the obligation to respect
the child’s right to express his or her view in all matters affecting him or her, directly or through
a representative, and give due weight to this opinion in accordance with the age and maturity of
the child. The obligation is to be respected in any judicial or administrative proceeding. Taking
into account the obstacles which prevent indigenous children from exercising this right, the State
party should provide an environment that encourages the free opinion of the child. The right to
be heard includes the right to representation, culturally appropriate interpretation and also the
right not to express one’s opinion.
39. When the right is applied to indigenous children as a group, the State party plays an
important role in promoting their participation and should ensure that they are consulted on all
matters affecting them. The State party should design special strategies to guarantee that their
participation is effective. The State party should ensure that this right is applied in particular in
the school environment, alternative care settings and in the community in general. The
Committee recommends States parties to work closely with indigenous children and their
communities to develop, implement and evaluate programmes, policies and strategies for
implementation of the Convention.
Civil rights and freedoms
(arts. 7, 8, 13-17 and 37 (a) of the Convention)
Access to information
40. The Committee underlines the importance that the media have particular regard for the
linguistic needs of indigenous children, in accordance with articles 17 (d) and 30 of the
Convention. The Committee encourages States parties to support indigenous children to have
access to media in their own languages. The Committee underlines the right of indigenous
children to access information, including in their own languages, in order for them to effectively
exercise their right to be heard.
Birth registration, nationality and identity
41. States parties are obliged to ensure that all children are registered immediately after birth
and that they acquire a nationality. Birth registration should be free and universally accessible.
The Committee is concerned that indigenous children, to a greater extent than non-indigenous
children, remain without birth registration and at a higher risk of being stateless.
42. Therefore, States parties should take special measures in order to ensure that indigenous
children, including those living in remote areas, are duly registered. Such special measures, to