DAY OF GENERAL DISCUSSION 2007: Member of the UN Committee on the Rights of the Child reflects on this year's theme

[GENEVA, 20 September 2007] – As part of its work, the Committee on the Rights of the Child discusses and promotes debate on aspects of the Convention on the Rights of the Child, particularly those that impede States from implementing the Convention. To achieve this, it promotes an annual Day of General Discussion on a particular theme of the Convention. This year it will look at the resources of States, including international cooperation, and their use - to the maximum extent - for implementing children’s economic, social and cultural rights.

Through the Committee’s dialogue with States Parties, it has gained an understanding of the efforts made by States in terms of legislative, administrative and other types of measures they have taken to comply with the Convention. New laws have been passed and various kinds of institutions have been established. These include national child rights institutions, special courts for children and young people and central adoption authorities. Policies which address children and national, regional and local plans of action have been created through a participatory process which has involved children.

However, in many cases plans of action are only implemented on a superficial level. The reason most States present to the Committee for this is that they do no have sufficient resources to fully implement these plans. Many State Parties are frustrated that they have made such efforts only to be told they are still not fulfilling children’s rights.

The Committee has observed, however, that a lack of resources is not always the reason that these policies and national plans are not implemented, but rather that the resources are not adequately allocated to child rights. The Committee has noted a lack of coordination on the part of States in using the resources assigned for children. They are not always allocated to implementing the Plans of Action. Instead, the resources, including those for international cooperation, actively go against these plans: for example, when large amounts of money are spent on building prisons for young people in conflict with the law, without taking into account that there is a law which prioritises socio-educational measures for children and young people. Another example is when institutions are built for children from poor families when the Convention and plans of action prioritise giving support to families to bring up their children.

The Committee emphasises the need to work with States to help implement the provisions of article 4 of the Convention and the concepts of “available resources” and their “use to the maximum extent”. It also considers it necessary to discuss the concept of progressive implementation. This is sometimes misinterpreted in the sense that economic, social and cultural rights do not impose on States the obligation of implementing their provisions immediately.

The Committee has decided to devote this Day of General Discussion to article 4 because of an obvious need to make detailed recommendations to States Parties on this issue. In making this decision, it also considered the best interests of the child, the principles of non-discrimination and participation in economic and social plans of action, and investment in social services which guarantee children’s economic, social and cultural rights.

The meeting will take place in the Palais Wilson in Geneva, where the session is held each year. Sr. Kamal Siddiqui, a member of the Committee on the Rights of the Child, will make an introduction. There will be two opening presentations, one by Mr. Eibe Riedel, a member of the UN’s Committee on Economic, Social and Cultural Rights and another by Ms. Iqbaal Kaur, an expert on Social Protection at the World Bank. The participants will be divided into two working groups. The first will deal with “available resources” and their allocation to children. The second will look at the “use of resources to the maximum extent”.

One hundred and twenty participants have registered to take part. The secretariat of the Committee has received many outstanding and original written contributions from around the world, focusing on a range of aspects from technical considerations of the article’s implementation to rights-based approaches. Adults and children have discussed the topic in different regions. Specialised agencies have also shown great interest in and will participate in the discussion. Children from Peru and Nicaragua have sent videos with their contributions to the discussion.

The Committee hopes that this discussion will help advance the understanding of all actors involved of States obligations in relation to children’s economic, social and cultural rights, both conceptually and practically. The contributions to the Day of General Discussion are essential to assist in its work in issuing Concluding Observations and recommendations to States parties, which will help them to overcome the obstacles which are today impeding children from fully enjoying their rights.

**The CRIN team will be in Geneva reporting on this year's Day of General Discussion, read updates here** 

Further information

Owner: Rosa Maria Ortiz, Member of the Committee on the Rights of the Child

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