A/HRC/14/33
the Committee on the Rights of the Child adopted its general comment No. 11 on
indigenous children and their rights. The general comment underscores the importance of
the right to be registered, to bilingual education, to health, to the enjoyment of culture,
religion and language and to participation, and highlights special measures required by
States in order to guarantee the effective exercise of indigenous children’s rights.
10.
During its fifty-first session in June 2009, the Committee on the Rights of the Child
adopted its general comment No. 12 on the right of the child to be heard. The general
comment addresses the application of article 12 to, inter alia, the rights to health, social
security, education, living conditions and protection.
11.
In December 2009, the first session of the Open-ended Working Group to explore
the possibility of elaborating an optional protocol to the Convention on the Rights of the
Child took place.
C.
Human Rights Committee
12.
In 2009, the issue of the enjoyment of economic, social and cultural rights was
raised by the Human Rights Committee in connection with rights provided in the
International Covenant on Civil and Political Rights, in particular the prohibition of
discrimination and equality between men and women, the rights of detained persons and the
rights of minorities, thus highlighting the indivisibility, interrelatedness and
interdependence of all human rights.
13.
During its review of States parties’ periodic reports in 2009, the Committee
expressed concern about serious disadvantages regarding access to housing, social security,
health care and education facilities as a result of discrimination on the grounds of sexual
orientation. The Committee also deplored the shortcomings in access to housing and
employment as a form of discrimination suffered by persons with disabilities. On several
occasions the Committee expressed great concern about massive shortcomings in the
provision of health facilities and adequate food in prisons.
14.
In its concluding observations addressed to one State party, the Committee
expressed concern about the lack of conservation of the cultural heritage of a specific
minority. In relation to three other States parties, the Committee regretted the insufficient
access of certain minorities to health, education, and social security services. In Views
adopted regarding an individual communication, the Committee recalled that economic
development shall not undermine the rights protected by article 27, and considered that the
State party concerned had taken measures which substantially interfered with the culturally
significant economic activities of an indigenous community, without giving them an
opportunity to participate in the decision-making process. The Committee concluded that
the State party had breached the complainant’s right to enjoy her own culture together with
the other members of her group.
D.
Committee on Migrant Workers
15.
The Committee on Migrant Workers continued to address the enjoyment of
economic, social and cultural rights of all migrant workers and members of their families.
During 2009, the Committee held two sessions and considered the initial reports submitted
by Azerbaijan, Bosnia and Herzegovina, Colombia, the Philippines and Sri Lanka. Issues
raised during the consideration of these reports were, inter alia, the right to form and join
trade unions; the right to an effective remedy for violations of migrants’ rights, especially
labour rights; right to health, in particular for undocumented migrant workers and members
of their families; supervision of recruitment agencies; the situation of children of migrant
4
GE.10-12597
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents