A/HRC/32/32
States should ensure that information, training and support are provided to parents to enable
them to help their adolescent children attain the highest attainable standard of health.
D.
Right to non-discrimination
50.
The right to non-discrimination is fundamental to realizing adolescents’ right to
health. Discrimination encompasses any distinction, exclusion or restriction that has the
purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all
persons, on an equal footing, of all rights and freedoms. 28
51.
Adolescence itself can be a basis for discrimination, with many adolescents treated
as dangerous or hostile, incompetent to make decisions, incarcerated, exploited or exposed
to violence as a direct consequence of their age. Health-care providers may perpetuate
discrimination against adolescents when they deny them health services or contraceptive
supplies or treat them poorly, which can make adolescents reluctant to seek the health-care
they need. Adolescents belonging to marginalized groups or sectors, such as girls, racial or
ethnic minorities, indigenous populations, lesbian, gay, bisexual, transgender and intersex
adolescents, refugees and adolescents with disabilities, face a heightened risk of exclusion.
52.
To achieve substantive equality, States must take special measures in order to
diminish or eliminate conditions that cause discrimination” 29 by introducing comprehensive
legislation and policies, as well as affirmative action measures, to diminish or eliminate
structural barriers and historic conditions that result in direct or indirect discrimination
against any group of adolescents on any grounds.
E.
Participation
53.
International human rights standards require the free, active and meaningful
participation of people in decisions that affect their lives.30 In particular, States’ obligations
under article 12 of the International Covenant on Economic, Social and Cultural Rights
require that the right of individuals and groups to participate in decision-making processes
affecting their health and development must be an integral component of any relevant
policy, programme or strategy.
Right of adolescents to be heard and regarded as the subjects of rights
54.
Children, including adolescents, lack the full autonomy of adults while being
subjects of rights. Article 12 of the Convention on the Rights of the Child addresses the
legal and social status of children, recognizing their capacity to form their own views and to
express them freely in all matters affecting them and giving them due weight in accordance
with age and maturity.31
55.
This has been broadly conceptualized as the right to and principle of participation,
and is central to the realization of adolescents’ right to health, both in individual matters
relating to their own health care and in wider issues such as the design and development of
28
29
30
31
See Human Rights Committee general comment No. 18 (1994) on non-discrimination.
See Committee on the Rights of the Child general comments No. 15, para. 12, and No. 5 (2003) on
general measures of implementation of the Convention on the Rights of the Child, para. 12.
Universal Declaration of Human Rights, art. 21, and the International Covenant on Civil and Political
Rights, art. 25.
See Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to
be heard.
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