CRC/C/GC/11
page 3
8.
In 2001, the United Nations Commission on Human Rights appointed a Special Rapporteur
on the situation of human rights and fundamental freedoms of indigenous peoples, subsequently
confirmed by the Human Rights Council in 2007. The Council has requested the Special
Rapporteur to pay particular attention to the situation of indigenous children and several
recommendations included in his annual and mission reports have focused on their specific
situation.
9.
In 2003, the United Nations Permanent Forum on Indigenous Issues held its second session
on the theme indigenous children and youth and the same year the Committee on the Rights of
the Child held its annual Day of General Discussion on the rights of indigenous children and
adopted specific recommendations aimed primarily at States parties but also United Nations
entities, human rights mechanisms, civil society, donors, the World Bank and regional
development banks.
10. In 2007, the United Nations General Assembly adopted the Declaration on the Rights of
Indigenous Peoples which provides important guidance on the rights of indigenous peoples,
including specific reference to the rights of indigenous children in a number of areas.
Objectives and structure
11. This general comment on the rights of indigenous children as provided for by the
Convention on the Rights of the Child draws on the legal developments and initiatives outlined
above.
12. The primary objective of this general comment is to provide States with guidance on how
to implement their obligations under the Convention with respect to indigenous children. The
Committee bases this general comment on its experience in interpreting the provisions of the
Convention in relation to indigenous children. Furthermore, the general comment is based upon
the recommendations adopted following the Day of General Discussion on indigenous children
in 2003 and reflects a consultative process with relevant stakeholders, including indigenous
children themselves.
13. The general comment aims to explore the specific challenges which impede indigenous
children from being able to fully enjoy their rights and highlight special measures required to be
undertaken by States in order to guarantee the effective exercise of indigenous children’s rights.
Furthermore, the general comment seeks to encourage good practices and highlight positive
approaches in the practical implementation of rights for indigenous children.
14. Article 30 of the Convention and the right to the enjoyment of culture, religion and
language are key elements in this general comment; however the aim is to explore the various
provisions which require particular attention in their implementation in relation to indigenous
children. Particular emphasis is placed on the interrelationship between relevant provisions,
notably with the general principles of the Convention as identified by the Committee, namely,
non-discrimination, the best interests of the child, the right to life, survival and development and
the right to be heard.