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case-by-case basis, with respect to each individual child’s personal situation and
maturity. In its general comment No. 12 (2009) on the right of the child to be heard,
the Committee on the Rights of the Child also opted for a flexible approach: “The
more the child himself or herself knows, has experienced and understands, the more
the parent, legal guardian or other persons legally responsible for the child have to
transform direction and guidance into reminders and advice and later to an exchange
on an equal footing. This transformation will not take place at a fixed point in a
child’s development, but will steadily increase as the child is encouraged to
contribute his or her views.”
7.
Non-discrimination on the basis of religion or belief
56. Under article 2, paragraph 1, of the Convention on the Rights of the Child,
States shall respect and ensure the rights laid down in the Convention to every child
without discrimination, including on the ground of his or her religion or the religion
of his or her parent(s) or legal guardian(s). Article 2, paragraph 2, furthermore
obliges States to take all appropriate measures in order to provide effective
protection of the child against discrimination. Those provisions apply to all spheres
of society, such as family laws, public and private schools, institutions of higher
education, vocational training, accessibility of employment and health -care
institutions. Unfortunately, systematic violations of the principle of
non-discrimination persist, often with far-reaching negative implications in
particular for the rights of children belonging to religious minorities (see, for
example, CRC/C/CHN/CO/3-4, para. 25).
57. Besides direct, open and straightforward forms of discrimination, there are
also concealed forms of discrimination, such as structural or indirect discrimination.
In order to detect and combat such forms of discrimination, disaggregated statistical
data may be needed. The State should develop comprehensive anti-discrimination
legislation and policies, with a view to safeguarding the right of the child to be free
from any kind of discrimination, including on the basis of religion or belief. Civil
society organizations and national human rights institutions operating in line with
the Principles relating to the Status of National Institutions (Paris Principles) should
play an active role in the design and implementation of anti -discrimination policies.
D.
1.
Conflicts
The need for diligence when dealing with conflicting human rights concerns
58. The Convention on the Rights of the Child combines the recognition of the
child as a genuine rights holder with respect for the rights and duties of parents or
legal guardians in directing the child in the exercise of his or her human rights.
However, situations can occur in which State interventions in the sphere of parental
rights are necessary, for instance to protect the child from neglect, domestic
violence or harmful practices. According to article 19, paragraph 1, of the
Convention, “States parties shall take all appropriate legislative, administrative,
social and educational measures to protect the child from all forms of physical or
mental violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s)
or any other person who has the care of the child.” In the context of the right to
health, article 24, paragraph 3, of the Convention obliges States to “take all
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