rights. The application of the norms set forth in the Convention is anchored
in four major principles: non-discrimination; the best interests of the child;
the rights to life, survival and development; and respect for the views of
the child.
The Convention applies to everyone equally and specifies that children
belonging to ethnic, religious or linguistic minorities shall not be denied the
right to enjoy their own culture, to profess and practise their own religion,
or to use their own language (art. 30). The Convention also lists situations
in which States are obliged to take measures to protect children’s interests,
for instance, protecting them from physical or mental harm and neglect;
special consideration of children in conflict with the law; the right of children
with disabilities to special treatment; the right to birth registration and to
acquire a nationality; the right of refugee children to receive appropriate
protection and humanitarian assistance; education and care; health care
for all children; free and compulsory primary education; protection from
economic exploitation; protection from all forms of abuse and exploitation
and prohibition of the recruitment of children under the age of 15 into the
armed forces.
In its general comment No. 6 (2005), the Committee on the Rights of the
Child noted:
State obligations under the Convention apply to each child within
the State’s territory and to all children subject to its jurisdiction (art.
2). These State obligations cannot be arbitrarily and unilaterally
curtailed either by excluding zones or areas from a State’s territory
or by defining particular zones or areas as not, or only partly, under
the jurisdiction of the State. Moreover, State obligations under the
Convention apply within the borders of a State, including with
respect to those children who come under the State’s jurisdiction
while attempting to enter the country’s territory. Therefore, the
enjoyment of rights stipulated in the Convention is not limited to
children who are citizens of a State party and must therefore, if
not explicitly stated otherwise in the Convention, also be available
to all children—including asylum-seeking, refugee and migrant
children—irrespective of their nationality, immigration status or
statelessness.
This is of particular relevance to children belonging to minorities who
may be stateless or lack registration documents, which can make them
more vulnerable to abuse, trafficking and other forms of exploitation.
Stateless children may be denied the full enjoyment of their rights under the
Convention owing to discriminatory access to education, social and health
services.
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