CCPR General Comment No. 17: Article 24 (Rights of the child)
Adopted at the Thirty-fifth session of the Human Rights Committee, on 7 April 1989
1.
Article 24 of the International Covenant on Civil and Political Rights
recognizes the right of every child, without any discrimination, to receive from his
family, society and the State the protection required by his status as a minor.
Consequently, the implementation of this provision entails the adoption of special
measures to protect children, in addition to the measures that States are required to
take under article 2 to ensure that everyone enjoys the rights provided for in the
Covenant. The reports submitted by States parties often seem to underestimate this
obligation and supply inadequate information on the way in which children are
afforded enjoyment of their right to a special protection.
2.
In this connection, the Committee points out that the rights provided for in
article 24 are not the only ones that the Covenant recognizes for children and that, as
individuals, children benefit from all of the civil rights enunciated in the Covenant. In
enunciating a right, some provisions of the Covenant expressly indicate to States
measures to be adopted with a view to affording minors greater protection than adults.
Thus, as far as the right to life is concerned, the death penalty cannot be imposed for
crimes committed by persons under 18 years of age. Similarly, if lawfully deprived of
their liberty, accused juvenile persons shall be separated from adults and are entitled
to be brought as speedily as possible for adjudication; in turn, convicted juvenile
offenders shall be subject to a penitentiary system that involves segregation from
adults and is appropriate to their age and legal status, the aim being to foster
reformation and social rehabilitation. In other instances, children are protected by the
possibility of the restriction - provided that such restriction is warranted - of a right
recognized by the Covenant, such as the right to publicize a judgement in a suit at law
or a criminal case, from which an exception may be made when the interest of the
minor so requires.
3.
In most cases, however, the measures to be adopted are not specified in the
Covenant and it is for each State to determine them in the light of the protection needs
of children in its territory and within its jurisdiction. The Committee notes in this
regard that such measures, although intended primarily to ensure that children fully
enjoy the other rights enunciated in the Covenant, may also be economic, social and
cultural. For example, every possible economic and social measure should be taken to
reduce infant mortality and to eradicate malnutrition among children and to prevent
them from being subjected to acts of violence and cruel and inhuman treatment or
from being exploited by means of forced labour or prostitution, or by their use in the
illicit trafficking of narcotic drugs, or by any other means. In the cultural field, every
possible measure should be taken to foster the development of their personality and to
provide them with a level of education that will enable them to enjoy the rights
recognized in the Covenant, particularly the right to freedom of opinion and
expression. Moreover, the Committee wishes to draw the attention of States parties to
the need to include in their reports information on measures adopted to ensure that
children do not take a direct part in armed conflicts.