A/HRC/28/33
education benefits individuals, communities and countries: it saves lives, improves
nutrition, reduces child, early and forced marriage, and leads to more equal, respectful and
open societies.7
6.
Regardless of how profitable these returns are, investment in children must be
viewed through the lens of the rights of the child rather than be driven by any development
benefit. The goal must be investment in the rights of children, in addition to investment in
children. As the General Assembly emphasized in the annex to its resolution S-27/2 entitled
“A world fit for children”, investing in the rights of children lays the foundation for a just
society, a strong economy and a world free of poverty.
III. International legal framework
7.
The Convention on the Rights of the Child places an obligation on all States parties,
including the international community, to mobilize and allocate resources in order to invest
in children. It recognizes that it is only through government budgets that services to
children, such as health, education, and social protection, are delivered and children’s rights
realized.
8.
According to article 4 of the Convention on the Rights of the Child, States parties
are required to undertake all appropriate legislative, administrative and other measures for
the implementation of the rights recognized in the Convention. Whatever their economic
circumstances, therefore, States parties must take all possible measures towards the
realization of the rights of the child. 8 Article 4 also recognizes that social, economic and
cultural rights can be particularly resource intensive; in relation to such rights, States parties
must therefore take such measures to the maximum extent of their available resources and,
where needed, within the framework of international cooperation.
9.
Two important points must be made in this regard. First, article 4 of the Convention
on the Rights of the Child does not relieve States parties of the obligation to realize the civil
and political rights of children immediately. This includes, for example, the right to birth
registration (art. 7), the right not to be separated from parents (art. 9), the right to
participation (art. 12) and the right to protection from violence (art. 19), which all have
resource implications: implementation of these rights requires legal frameworks, capable
and appropriately resourced institutions and mechanisms to support children whose rights
are violated. Resources must immediately be allocated to making such rights a reality,
regardless of the economic situation of the country.
10.
Second, while recognizing that the social, economic and cultural rights of children
may not be able to be immediately realized by all States parties, article 4 imposes specific,
measurable, obligations on them by requiring that the “maximum extent of their available
resources” be focused on achieving these rights. This does not imply that poorer countries
may avoid their responsibilities; rather, it should be understood as a call for the
prioritization of children within the State budget to ensure appropriate levels of service
delivery.9 States parties that claim resource constraints must prove that every effort has
been made to move towards the full enjoyment of these rights as a matter of priority, and
7
8
9
4
Plan International, “Financing the right to education”, briefing paper, 2014. Available from
http://plan-international.org/files/global/briefing-paper-financing-the-right-to-education.pdf.
CRC/GC/2003/5, para.8.
Enakshi Ganguly Thukral, “Budget for Children”, in Aoife Nolan, Rory O’Connell, Colin Harvey,
Human rights and Public Finance: Budgets and the Promotion of Economic and Social Rights
(Inbunden, Hart Publishing, 2013).
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