General Principles

Article: 2 Non-discrimination
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 2, including identification and coordination of the responsible departments and agencies at all levels of government (the principle of non-discrimination in article 2 is relevant to all government departments)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 2 widely known to adults and children?  development of appropriate training and awareness-raising? Specific issues in implementing article 2 Is the Convention's principle of non-discrimination with special reference to children included in the constitution, if any, and in legislation?  Are rights recognized for all children in the jurisdiction, without discrimination, including  non-nationals?  refugees?  illegal immigrants? Has the State identified particularly disadvantaged and vulnerable groups of children?  Has the State developed appropriate priorities, targets and programmes of affirmative action to reduce discrimination against disadvantaged and vulnerable groups? Does legislation, policy and practice in the State ensure that there is no discrimination against children on the grounds of the child's or his/her parent's/guardian's race?  colour?  gender?  language?  religion?  political or other opinion?  national origin?  social origin?  ethnic origin?  property?  disability?  birth?  other status? Is disaggregated data collected to enable effective monitoring of potential discrimination on all of these grounds in the enjoyment of rights, and discrimination between children in different regions, and rural and urban areas?  Has the State developed in relation to girls and implementation strategy for the Platform for Action adopted at the Fourth World Conference on Women?  Does monitoring of the realization of each right guaranteed in the Convention include consideration of the principle of non-discrimination? Does legislation, policy and practice in the State ensure that the child is protected against all forms of discrimination or punishment on the basis of the child's parents, legal guardian's or family members' status, including marital status?  activities?  expressed opinions?  beliefs?				Go to the main page for article 2, non-discrimination. Jump to indicators for these articles: 3 (best interests) 6 (survival and developments) 12 (respect for views) To view indicators for other articles, click here.

Article: 3 Best interests of the child
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 3, including identification and coordination of the responsible departments and agencies at all levels of government (implementation of article 3 is relevant to all departments of government)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 3 widely known to adults and children?  development of appropriate training and awareness-raising for all those working with or for children? Specific issues in implementing article 3  ARTICLE 3(1) Is the principle that the best interests of the child shall be a primary consideration in all actions concerning children reflected in The Convention (if any)? relevant legislation applying to public social welfare institutions?  private social welfare institutions?  courts of law?  administrative authorities?  legislative bodies? Is consideration of the best interests of affected children - child impact assessment - required in legislation, administrative decision-making, and policy and practice at all levels of government concerning budget allocations to the social sector and to children, and between and within departments of government?  social security?  planning and development?  the environment?  housing?  transport?  health?  education?  employment?  administration of juvenile justice?  the criminal law (e.g. the effects of the sentencing of parents on children, etc.)?  nationality and immigration, including asylum-seeking?  any rules governing alternative care, including institutions for children?  Are there legislative provisions relating to children in which the best interests of the child are to be the "paramount" rather than primary consideration?  Where legislation requires determination of the best interests of a child in particular circumstances, have criteria been adopted for the purpose which are compatible with the principles of the Convention?  ARTICLE 3(2) Does legislation require the State to provide such care and protection as is necessary for the well-being of any child in cases where it is not otherwise being provided?  Does legislation provide for such care and protection at times of national disaster?  Is there adequate monitoring to determine whether this provision is fully implemented for all children?  ARTICLE 3(3) Has the State reviewed all institutions, services and facilities, both public and private, responsible for the care or protection of children to ensure that formal standards are established covering safety?  health?  protection of children from all forms of violence and abuse?  the number and suitability of staff?  conformity with all provisions of the Convention?  independent inspection and supervision?				Go to the main page for article 3, best interests.  Jump to indicators for these articles: 2 (non-discrimination) 6 (survival and developments) 12 (respect for views) To view indicators for other articles, click here.

 

Article: 6 Child's right to life and maximum survival and development
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 6 including identification and coordination of the responsible departments and agencies at all levels of government (article 6 is relevant to all departments affecting children directly or indirectly)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 6 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 6, likely to include all those working with or for children and their families, and education for parenting)?  Specific issues in implementing article 6 Is the general principle reflected in article 6 included in the State's legislation?  Have appropriate measures been introduced to reduce rates of infant and child mortality for all sectors of the population?  Have the rates of infant and child mortality consistently decreased over recent years, including disaggregated rates?  Is the rate of abortion recorded and reported, including by age?  Where abortion is permitted, is its use appropriately regulated?  Where abortion is permitted, is there no discriminatory variation in the term at which it is permitted, (e.g. dependent on identification of disability)?  Is the State satisfied that there is no infanticide, in particular of  girls?  disabled children?  Is the rate of child pregnancies recorded and reported?  Have appropriate measures been undertaken to reduce the number of child pregnancies?  Are there circumstances in which the death penalty may be applied to children?  Are there appropriate arrangements to ensure the registration of, investigation of and reporting on the deaths of all children and their causes?  Are homicide rates analyzed by the age of the victim in order to identify the proportion of children of different age groups who are murdered?  Does the crime of infanticide exist in the legislation of the State?  If so, has it been reviewed in the light of the Convention's principles?  Are suicides by children recorded and reported and the rates analyzed by age?  Have appropriate measures been taken to reduce and prevent suicide by children?				Go to the main page for article 6, survival and development.  Jump to indicators for these articles: 2 (non-discrimination) 3 (best interests) 12 (respect for views) To view indicators for other articles, click here.

Article: 12 Respect for the views of the child
 
 
 

	Yes	Yes But	No
General measures of implementation Have appropriate general measures of implementation been taken in relation to article 12 including identification and coordination of the responsible departments and agencies at all levels of government (all departments affecting children directly or indirectly)?  identification of relevant non-governmental organizations/civil society partners?  a comprehensive review to ensure that all legislation, policy and practice is compatible with the article, for all children in all parts of the jurisdiction?  adoption of a strategy to secure full implementation  which includes where necessary the identification of goals and indicators of progress?  which does not affect any provisions which are more conducive to the rights of the child?  which recognizes other relevant international standards?  which involves where necessary international cooperation? (Such measures may be part of an overall governmental strategy for implementing the Convention as a whole.) budgetary analysis and allocation of necessary resources?  development of mechanisms for monitoring and evaluation?  making the implications of article 12 widely known to adults and children?  development of appropriate training and awareness-raising (in relation to article 12, should include training for all those working with or for children, and parenting education)? Specific issues in implementing article 12  Is the obligation reflected in article 12(1) respected in arrangements for the overall implementation of the Convention?  in arrangements for preparing the State’s Initial and Periodic Reports under the Convention?  in arrangements for the development of legislation, policy and practice which may affect children in central government?  in regional/provincial government?  in local government? Is an obligation to respect article 12(1) included in legislation applying to  the child in the family environment?  the process of adoption and adopted children?  placement in alternative care and to the child in alternative care, whether provided by the State or by others?  all schools and other educational institutions and all educational services affecting children?  child protection?  health services and institutions?  local communities, planning and environmental decision-making affecting children, including in response to the proposals of Agenda 21?  child employment and vocational training or guidance?  all immigration procedures, including those affecting asylum-seeking children?  the child in the juvenile justice system?  Where age limits apply to the laws providing children with an opportunity to express their views and requiring that their views are given due weight, are the limits in accordance with article 12 and other articles?  Are the rights reflected in article 12 available to all children concerned, including disabled children, without discrimination, where necessary through the provision of interpreters, translations, special materials and technology?  Has there been adaptation to enable children’s participation, for example by not using intimidatory and confusing language, and by providing appropriate settings and procedures to enable children to be heard?  Have special arrangements been developed for child witnesses in both civil and criminal proceedings?  Are there no situations in which a child is compelled to  express views?  give evidence in court or other proceedings?  Does the child in each case have access to adequate information to enable him or her to express informed views and/or to play an informed role in decision-making?  Are there no matters affecting the child on which the child is, through legislation or otherwise, excluded from  expressing views?  having those views given due weight?  In relation to paragraph 2 of article 12, are children provided with a right to be heard in all judicial or administrative proceedings affecting them, such as  criminal proceedings?  civil proceedings?  education?  health?  child protection?  placement in alternative care?  adoption proceedings?  reviews under article 25?  immigration and asylum-seeking?  planning, housing and environment?  social security?  employment?  any other?  Has the implementation and use of legislative provisions relating to children’s participation been monitored?  Do children have appropriate remedies for breaches of their rights guaranteed by article 12? Do children have appropriate access to effective complaints procedures in relation to family life, including ill-treatment?  alternative care of all kinds?  schools and education services?  health services and institutions?  employment?  all forms of detention?  all aspects of the juvenile justice system?  environmental, planning, housing and transport issues?  other services affecting children?  In each case, do children have access to appropriate advice and advocacy? Do children have appropriate access to the media and opportunities to participate in the media, particularly radio?  print media?  television?  Do children have opportunities for training in media skills enabling them to relate to and use the media in a participatory manner?  Are the participatory rights of children within the family promoted through parenting education and preparation for parenthood?  Is training to promote the participatory rights of children provided for judges, including family court and juvenile court judges?  probation officers?  police officers?  prison officers?  immigration officers?  teachers?  health workers?  social workers?  other professionals?				Go to the main page for article 12, respect for the views of the child.  Jump to indicators for these articles: 2 (non-discrimination) 3 (best interests) 6 (survival and developments) To view indicators for other articles, click here.