CRC/C/GC/13
I.
Introduction
1.
Article 19 states the following:
“1. 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.
“2. Such protective measures should, as appropriate, include effective procedures for
the establishment of social programmes to provide necessary support for the child
and for those who have the care of the child, as well as for other forms of prevention
and for identification, reporting, referral, investigation, treatment and follow-up of
instances of child maltreatment described heretofore, and, as appropriate, for judicial
involvement.”
2.
Rationale for the present general comment. The Committee on the Rights of the
Child (hereinafter: the Committee) issues the present general comment on article 19 of the
Convention on the Rights of the Child (hereinafter: the Convention), since the extent and
intensity of violence exerted on children is alarming. Measures to end violence must be
massively strengthened and expanded in order to effectively put an end to these practices
which jeopardize children’s development and societies’ potential non-violent solutions for
conflict resolution.
3.
Overview. The general comment is based on the following fundamental assumptions
and observations:
(a)
“No violence against children is justifiable; all violence against children is
preventable”; 1
(b)
A child rights-based approach to child caregiving and protection requires a
paradigm shift towards respecting and promoting the human dignity and the physical and
psychological integrity of children as rights-bearing individuals rather than perceiving them
primarily as “victims”;
(c)
The concept of dignity requires that every child is recognized, respected and
protected as a rights holder and as a unique and valuable human being with an individual
personality, distinct needs, interests and privacy;
(d)
The principle of the rule of law should apply fully to children as it does to
adults;
(e)
Children’s rights to be heard and to have their views given due weight must
be respected systematically in all decision-making processes, and their empowerment and
participation should be central to child caregiving and protection strategies and
programmes;
(f)
The right of children to have their best interests be a primary consideration in
all matters involving or affecting them must be respected, especially when they are victims
of violence, as well as in all measures of prevention;
1
Report of the independent expert for the United Nations study on violence against children
(A/61/299), para. 1.
3