A/HRC/23/59
the child’s best interests. She explained that violence against children could lead to
depression and low self-esteem, and was associated with eating and sleeping disorders,
aggressive and risky behaviours such as drug abuse, involvement in sex work and early
pregnancies. Every three seconds a girl under the age of 18 got married, usually in a forced
marriage to a much older man, and these early marriages exacerbated the problem of early
pregnancies. The Special Representative pointed out that the risk of maternal mortality for
girls who became pregnant before the age of 15 was five times higher than among women
married in their twenties. She noted that accountability had several aspects, and that
legislation was a key component. A ban on all forms of violence against children was
required in legislation, accompanied by the removal of any justification that might
legitimize practices that propagated violence against children. More data and evidence were
also needed, and funds should be invested in medical staff and ethical
standards. Cooperating with and empowering young persons were an important part of the
fight against child abuse.
35.
According to Ms. de la Mata, it was important to concentrate on deprived
populations by implementing comprehensive policies covering education, health and
nutrition issues in order to provide vulnerable groups with assistance. The European
Commission was also addressing issues such as unhealthy lifestyles and the situation of
children with disabilities and mental health problems. The European Union had several
financial instruments, including the European Social Fund and the Fund for European Aid
for the Most Deprived. A set of specific indicators on health issues, such as infant mortality
and child mortality, had been designed to monitor progress, and Member States were given
specific targets to reach and measures to implement. During the economic crisis, the value
of health had to be demonstrated even further and a case had to be made for investing in
young people, including their health. The European Union had strategies in place to
promote specific health programmes and activities, and to address social inequalities.
36.
With regard to the role of civil society and that of community accountability
mechanisms, Mr. Chandy stated that the State was not solely responsible for accountability;
working together with civil society and the community was necessary in order to be
effective. The framework for accountability should be based on filling the gaps in
information and equality. With regard to inequalities, he noted the close correlation of
poverty and discrimination. To address the issue of the gap in information, awarenessraising at the ground level was needed on entitlements and rights. In addition, it was
essential that the voices of the community and their leaders be heard. Children should also
be given a voice in the discussion and be given the opportunity to participate, as they were
the most effective advocates for their needs. He reiterated that partnerships with the
Government, civil society and the community were needed to achieve accountability, and
noted the importance of working as a coalition, not as competitors.
37.
Mr. Parra referred to relevant judicial decisions in Latin America related to the right
of the child to health. The Constitutional Court of Colombia had addressed a case brought
by parents whose children had been denied access to vaccination against meningitis, as they
were not eligible to benefit from plans for these families. The Constitutional Court had
noted that, since the children lacked the ability to participate in the legislative process and
there was a lack of protection from the executive, it was the judiciary’s role to protect their
rights. He also referred to a case in Argentina in which a child had been refused medication
owing to budget restrictions. In this case, the Supreme Court ruled that the State could not
interrupt ongoing treatment on the grounds of lack of resources. Mr. Parra also referred to a
case with the Inter-American Court of Human Rights involving Argentina, where a child
with a mental impairment had sought appropriate compensation for rehabilitation, and the
judicial trial at the domestic level had taken too long. The Court ruled that the delay in the
case had had a deleterious impact on the rights of the child, including the right of the child
to health, and that an interdisciplinary team should be set up to address the child’s situation.
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