CRC/C/GC/11
page 5
20. Based on its reviews of States parties reports, the Committee on the Rights of the Child has
observed that in implementing their obligations under the Convention many States parties give
insufficient attention to the rights of indigenous children and to promotion of their development.
The Committee considers that special measures through legislation and policies for the
protection of indigenous children should be undertaken in consultation with the communities
concerned5 and with the participation of children in the consultation process, as provided for by
article 12 of the Convention. The Committee considers that consultations should be actively
carried out by authorities or other entities of States parties in a manner that is culturally
appropriate, guarantees availability of information to all parties and ensures interactive
communication and dialogue.
21. The Committee urges States parties to ensure that adequate attention is given to article 30
in the implementation of the Convention. States parties should provide detailed information in
their periodic reports under the Convention on the special measures undertaken in order to
guarantee that indigenous children can enjoy the rights provided in article 30.
22. The Committee underlines that cultural practices provided by article 30 of the Convention
must be exercised in accordance with other provisions of the Convention and under no
circumstances may be justified if deemed prejudicial to the child’s dignity, health and
development.6 Should harmful practices be present, inter alia early marriages and female genital
mutilation, the State party should work together with indigenous communities to ensure their
eradication. The Committee strongly urges States parties to develop and implement
awareness-raising campaigns, education programmes and legislation aimed at changing attitudes
and address gender roles and stereotypes that contribute to harmful practices.7
General principles
(arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
23. Article 2 sets out the obligation of States parties to ensure the rights of each child within its
jurisdiction without discrimination of any kind. Non-discrimination has been identified by the
Committee as a general principle of fundamental importance for the implementation of all the
rights enshrined in the Convention. Indigenous children have the inalienable right to be free from
discrimination. In order to effectively protect children from discrimination, it is a State party
obligation to ensure that the principle of non-discrimination is reflected in all domestic
legislation and can be directly applied and appropriately monitored and enforced through judicial
and administrative bodies. Effective remedies should be timely and accessible. The Committee
highlights that the obligations of the State party extend not only to the public but also to the
private sector.
5
ILO Convention No. 169, articles 2, 6, 27.
6
UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 7.
7
CRC, general comment No. 4 on Adolescent Health, 2003, para. 24.