4.
The right to special measures of protection belongs to every child because of
his status as a minor. Nevertheless, the Covenant does not indicate the age at which
he attains his majority. This is to be determined by each State party in the light of the
relevant social and cultural conditions. In this respect, States should indicate in their
reports the age at which the child attains his majority in civil matters and assumes
criminal responsibility. States should also indicate the age at which a child is legally
entitled to work and the age at which he is treated as an adult under labour law. States
should further indicate the age at which a child is considered adult for the purposes of
article 10, paragraphs 2 and 3. However, the Committee notes that the age for the
above purposes should not be set unreasonably low and that in any case a State party
cannot absolve itself from its obligations under the Covenant regarding persons under
the age of 18, notwithstanding that they have reached the age of majority under
domestic law.
5.
The Covenant requires that children should be protected against discrimination
on any grounds such as race, colour, sex, language, religion, national or social origin,
property or birth.
In this connection, the Committee notes that, whereas
non-discrimination in the enjoyment of the rights provided for in the Covenant also
stems, in the case of children, from article 2 and their equality before the law from
article 26, the non-discrimination clause contained in article 24 relates specifically to
the measures of protection referred to in that provision. Reports by States parties
should indicate how legislation and practice ensure that measures of protection are
aimed at removing all discrimination in every field, including inheritance, particularly
as between children who are nationals and children who are aliens or as between
legitimate children and children born out of wedlock.
6.
Responsibility for guaranteeing children the necessary protection lies with the
family, society and the State. Although the Covenant does not indicate how such
responsibility is to be apportioned, it is primarily incumbent on the family, which is
interpreted broadly to include all persons composing it in the society of the State party
concerned, and particularly on the parents, to create conditions to promote the
harmonious development of the child’s personality and his enjoyment of the rights
recognized in the Covenant. However, since it is quite common for the father and
mother to be gainfully employed outside the home, reports by States parties should
indicate how society, social institutions and the State are discharging their
responsibility to assist the family in ensuring the protection of the child. Moreover, in
cases where the parents and the family seriously fail in their duties, ill-treat or neglect
the child, the State should intervene to restrict parental authority and the child may be
separated from his family when circumstances so require. If the marriage is
dissolved, steps should be taken, keeping in view the paramount interest of the
children, to give them necessary protection and, so far as is possible, to guarantee
personal relations with both parents. The Committee considers it useful that reports
by States parties should provide information on the special measures of protection
adopted to protect children who are abandoned or deprived of their family
environment in order to enable them to develop in conditions that most closely
resemble those characterizing the family environment.