On this page, you can find out more about the UN Committee’s Optional Protocols and General Comments.
Optional Protocols
What are Optional Protocols?
Optional Protocols set out in further detail, also known as ‘extra provisions’ which have been written after the UNCRC was adopted, addressing new concerns or issues, or provide expanded detail on the original obligations. The UK, including NI, has ratified two out of three of the Optional Protocols of the UNCRC (on the Sale of Children, Child Prostitution and Child Pornography; and on the Involvement of Children in Armed Conflict). The Optional Protocol on a Communications Procedure has not yet been ratified by the UK, including NI. Optional Protocol 3 allows individuals to make a complaint to the CRC Committee if they believe their rights under the Convention have been violated. The UN Committee issued its first decision under this mechanism in 2018 which is available here.
A fourth Optional Protocol is being considered for development by the UN which would require States to identify and allocate sufficient resources for children’s education. You can find out more information about this here.
General Comments
What are General Comments?
General Comments of the UN Committee are detailed interpretations of the Articles of the Convention on the Rights of the Child (UNCRC). Their purpose is to provide guidance to State Parties such as the UK and NI on how to implement the rights outlined in the UNCRC and its Optional Protocols. They clarify the scope and meaning of specific rights or address a particular theme related to children which the Committee believes that the States should devote more attention to. Under Rule 73 of the Committee’s rules of procedure (CRC/C/4/Rev.1), the Committee may prepare General Comments and they can be revised or updated to reflect any new developments or issues.
These General Comments help States and civic society by:
The process by which the UNCRC adopts a General Comment is as follows:
There are currently 26 published General Comments and you can find more information about each of them below:
This General Comment focuses on Article 29, which outlines the purposes of education for children and young people. It clarifies that education should be holistic, child-centered, and empowering, aiming to develop the child’s personality, talents, and respect for human rights and the environment. It was published in 2001.
No. 2: The Role of Independent Human Rights Institutions
This General Comment highlights the importance of creating independent national human rights institutions, such as ombudspersons or commissioners for children, to protect and promote children’s rights. It outlines their functions, including monitoring, investigation, and advocacy. It was published in 2002.
No. 3: HIV/AIDS and the Rights of the Child
Published in 2003, this General Comment addresses the specific rights and needs of children affected by HIV/AIDS. It calls on States to protect children from discrimination, provide access to healthcare and education, and ensure their privacy and confidentiality.
No. 4: Adolescent Health and Development
The General Comment provides clarification on the rights of adolescents to health and development, emphasising their evolving capacities and need for tailored services. It addresses issues like mental health, sexual and reproductive health, and substance abuse. This was published in 2003.
No. 5: General Measures of Implementation
This General Comment provides detailed guidance on the general obligations of States to implement the UNCRC. It covers key actions such as harmonising national laws with the Convention, establishing a coordinating body, and allocating sufficient resources. It also calls for full and direct incorporation of the UNCRC into domestic law, and provides advice on children’s budgeting and the CRIA and CRIE processes. It was published in 2005.
No. 6: Unaccompanied and Separated Children Outside their Country of Origin
Published in 2005, this General Comment focuses on the rights and protection of unaccompanied and separated children, including child refugees and asylum-seekers. It stresses the need for family tracing, appointment of a guardian, and protection from trafficking and exploitation.
No. 7: Implementing Child Rights in Early Childhood
This comment explains how the UNCRC applies to the critical period of early childhood (birth to eight years old). It emphasises the rights of babies and young children to development, a supportive family environment, and protection from violence and neglect. It was published in 2006.
This General Comment was published in 2006 and calls for the prohibition and elimination of all forms of corporal punishment, in all areas of a child’s life (including the home, school, and detention) as it constitutes a violation of children’s rights to human dignity and physical integrity. It urges States to promote positive and non-violent forms of discipline.
No. 9: The Rights of Children with Disabilities
This General Comment clarifies the rights of children with disabilities, emphasizing their right to non-discrimination, inclusion, and full participation in society. It urges States to provide them with the support needed to live a full and decent life. It was published in 2006. The UN Convention on the Rights of Persons with Disabilities has a specific article (Number 7) relating to the rights of children with disabilities too, which can be read alongside this General Comment.
This General Comment was published in 2007 and provides a framework for a child-friendly juvenile justice system. It promotes the use of diversion, that detention of children should only ever be used as a last resort, and calls for a focus on rehabilitation and reintegration of children who have offended.
No. 11: Indigenous Children and their Rights
This Comment outlines the specific rights of indigenous children, including their right to culture, language, and traditional knowledge. It urges States to take measures to combat discrimination and was published in 2009.
No. 12: The Right of the Child to be Heard
This General Comment is a ‘cornerstone’ for child participation. It provides detail on the meaning of Article 12 of the UNCRC, which gives children the right to express their views in all matters affecting them and have their views given due weight. It provides guidance on how to ensure meaningful and safe participation for States.
No. 13: The Right of the Child to Freedom from all Forms of Violence
This General Comment calls on States to protect children from all forms of physical and mental violence, injury, abuse, and neglect. It stresses the need for prevention, early intervention, and support for child victims of violence. It was published in 2011.
No. 14: The Right to have the Child’s Best Interests as a Primary Consideration
This General Comment was published in 2013 and provides a detailed framework for understanding and applying the principle of the ‘best interests of the child’ taken as a primary consideration. It explains that Article 3 of the UNCRC applies in all decisions, both public and private, that affect children.
No. 15: The Right of the Child to the Enjoyment of the Highest Attainable Standard of Health
This Comment clarifies States’ obligations to ensure children’s right to health, including physical, mental, and social well-being, as outlined in Article 24 of the UNCRC. It addresses issues like access to healthcare, clean water, and rights to a healthy environment. It was also published in 2013.
No. 16: State Obligations Regarding the Impact of the Business Sector on Children’s Rights
This General Comment clarifies the responsibility of States to protect children’s rights from negative impacts by the business sector. It calls for States to regulate business activities and ensure corporations respect children’s rights.
This Comment was published in 2013 and highlights the importance of play and recreation for a child’s holistic development. It urges States to recognize and protect these rights and ensure children have safe and accessible spaces to play as well as engagement in arts and culture.
No. 18: Joint General Comment on Harmful Practices
In 2014, the Committee published this ‘joint comment’ with the Committee on the Elimination of Discrimination against Women (CEDAW) relating to their recommendation number 21. The Comment addresses harmful practices like child marriage, female genital mutilation, and female infanticide, calling on States to eliminate them and protect children. You can find out more about CEDAW here.
No. 19: Public Budgeting for the Realisation of Children’s Rights
This General Comment was published in 2016 and explains that governments must allocate sufficient and equitable public resources to fulfil their obligations under the UNCRC. It also covers areas such as transparency, accountability, and child participation in budget decisions.
No. 20: Implementation of the Rights of the Child During Adolescence
Published in 2016, this General Comment focuses on the specific rights of adolescents and young people, and their evolving capacities. It urges States to develop policies that empower adolescents and address issues like participation, education, health, and protection from violence.
No. 21: Children in Street Situations
This General Comment addresses the human rights of children in street situations across the world. It urges States to children’s rights approaches to protect them from violence and exploitation, and to provide them with access to education, healthcare, and shelter, while respecting their dignity. It was published in 2017.
No. 22: Joint General Comment on International Migration: General Principles
Published in 2017, this General Comment is the second ‘joint comment’ published by the Committee. This Comment was drafted with the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW). It focuses on the rights of children in the context of migration, including those who are refugees, asylum-seekers, or undocumented. You can find out more about the CMW here.
No. 23: Joint General Comment on International Migration: Transit and Destination Countries
This is the third ‘joint statement’ of the Committee, and the second with the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. It provides specific guidance on the obligations of States and their obligations with respect to countries of transit and detention.
No. 24: Children’s Rights in the Child Justice System
This comment was published in 2019 and updates previous guidance on juvenile justice (No. 10, as above). It advocates for a child-friendly justice system that recognizes children’s developmental differences, promotes diversion and restorative justice, and limits the use of deprivation of liberty.
No. 25: Children’s Rights in Relation to the Digital Environment
Published in 2021, this General Comment addresses issues like online privacy, protection from harm, and the right to information and participation in the digital space for children and young people, reflecting the importance of digital technology and the online world in their lives.
No. 26: Children’s Rights and the Environment with a Special Focus on Climate Change
This General Comment was published in 2023 and is the first to explicitly affirm the right of children to a clean, healthy, and sustainable environment. It clarifies States’ obligations to protect children from environmental harm and address the climate crisis.
No. 27: Access to Justice and Effective Remedies – draft
The Committee is in the process of producing a new General Comment on ‘Children’s Rights to Access to Justice and Effective Remedies’ which is currently in draft form.
It will focus on ensuring that children have access to justice and effective remedies for violations of their rights and provide guidance on how to create child-friendly judicial and administrative procedures, including a review of the age of criminal responsibility and the use of mediation and alternative dispute resolution.
You can find out more about NICCYs work on this here.”