CRC/C/GC/11
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States parties’ obligations and monitoring of the implementation of the Convention
78. The Committee reminds States parties that ratification of the Convention on the Rights of
the Child obliges States parties to take action to ensure the realization of all rights in the
Convention for all children within their jurisdiction. The duty to respect and protect requires
each State party to ensure that the exercise of the rights of indigenous children is fully protected
against any acts of the State party by its legislative, judicial or administrative authorities or by
any other entity or person within the State party.
79. Article 3 of the Convention requires States parties to ensure that in all actions concerning
children, the best interests of the child shall be a primary consideration. Article 4 of the
Convention requires States parties to undertake measures to implement the Convention to the
maximum extent of their available resources. Article 42 sets out that States parties are further
required to ensure that children and adults are provided information on the principles and
provisions of the Convention.
80. In order to effectively implement the rights of the Convention for indigenous children,
States parties need to adopt appropriate legislation in accordance with the Convention. Adequate
resources should be allocated and special measures adopted in a range of areas in order to
effectively ensure that indigenous children enjoy their rights on an equal level with
non-indigenous children. Further efforts should be taken to collect and disaggregate data and
develop indicators to evaluate the degree of implementation of the rights of indigenous children.
In order to develop policy and programming efforts in a culturally sensitive manner, States
parties should consult with indigenous communities and directly with indigenous children.
Professionals working with indigenous children should be trained on how consideration should
be given to cultural aspects of children’s rights.
81. The Committee calls for States parties to, when applicable, better integrate information in
their periodic reports to the Committee on the implementation of indigenous children’s rights
and on the adoption of special measures in this regard. Furthermore, the Committee requests
States parties to strengthen efforts to translate and disseminate information about the Convention
and its Optional Protocols and the reporting process among indigenous communities and
children, in order for them to actively participate in the monitoring process. Furthermore,
indigenous communities are encouraged to utilize the Convention as an opportunity to assess the
implementation of the rights of their children.
82. Finally, the Committee urges States parties to adopt a rights-based approach to indigenous
children based on the Convention and other relevant international standards, such as
ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous
Peoples. In order to guarantee effective monitoring of the implementation of the rights of
indigenous children, States parties are urged to strengthen direct cooperation with indigenous
communities and, if required, seek technical cooperation from international agencies, including
United Nations entities. Empowerment of indigenous children and the effective exercise of their
rights to culture, religion and language provide an essential foundation of a culturally diverse
State in harmony and compliance with its human rights obligations.
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