A/HRC/22/31
Convention on the Rights of the Child, including the child’s, parent’s or legal guardian’s
race, colour, sex, language, religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status. These grounds also encompass sexual
orientation and health status, including HIV/AIDS and mental health. Gender-based
discrimination is particularly pervasive, affecting a wide range of outcomes, from sex ratio
imbalances to gender stereotyping and access to child health-related services. Attention
should be paid to the differing needs of girls and boys and the impact of gender-related
social norms and values. In many countries, gender inequality and discrimination influence
the girl child’s access to nutrition and health care from a very early age, which has a longlasting impact on her health and development. Similarly, discrimination on the basis of
sexual orientation and gender identity has a negative impact on the implementation of the
child’s right to health.
19.
Children are a heterogeneous population and their heath priorities vary, depending
on a range of factors. Beyond proscribed grounds for discrimination, it is important to
recognize the disproportionate vulnerability and ill health of certain groups of children.
There is a need to ensure that there is no discrimination against these groups of children,
including, inter alia, children with disabilities or chronic illness; migrant children and
children left behind; minority and indigenous children; children in street situations , an
institution or without parental support; working children, including those performing work
likely to be harmful to their health; child victims of violence, sexual exploitation and abuse;
refugee children and children affected by conflict situations, foreign occupation and
emergencies; children who have not had their births registered; children who are lesbian,
gay, bisexual, transsexual or intersex; children living in families and communities where
drug abuse is common; children subjected to harmful practices; and children living in
remote areas, in socio-economically disadvantaged urban areas and in situations of extreme
economic deprivation.
Best interests of the child
20.
Article 3 of the Convention on the Rights of the Child places an obligation on public
and private social welfare institutions, courts of law, administrative authorities and
legislative bodies to ensure that the best interests of the child are a primary consideration in
all actions affecting children. This includes decisions relating to the allocation of resources
and the development and implementation of policies, interventions and services that affect
the underlying determinants of their health. Individual children’s best interests should be
based on best public health practices grounded in evidence, children’s ascertainable wishes
and feelings (art.12), their physical, emotional and educational needs, age, sex, background,
relationship with caregivers and other relevant characteristics.
Right to life, survival and development
21.
Article 6 of the Convention not only recognizes the inherent right to life, but also
asserts the duty of the State to ensure the survival and development of the child, including
the physical, mental, spiritual and social dimensions of their development.
Respect for the views of the child
22.
Article 12 of the Convention provides for children to express their views and to have
such views seriously taken into account; this includes their views on all aspects of health
provision. Children’s evolving capacities have important implications for when they can
take part in, and eventually make autonomous decisions about, health, including their
access to health services, if necessary without parental consent. On the basis of their
evolving capacities and maturity, children should have access to confidential counselling
6
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