17 February 2011
GENERAL COMMENT No. 13 (2011)
Article 19: The right of the child to freedom from all forms of violence（虐待・放任からの保護）
V. Interpretation of Article 19 in the broader context of the Convention
56. Article 12 (Right to be heard):
The Committee is of the opinion that child participation promotes protection and child protection is key to participation. The child’s right to be heard commences already with very young children who are particularly vulnerable to violence. Children’s views must be invited and given due weight as a mandatory step at every point in a child protection process. The child's right to be heard has particular relevance in situations of violence (see the Committee's General Comment No. 12, paras. 118 ff). With regard to family and child rearing the Committee expressed that this right plays a preventive role against all forms of violence in the home and family. The Committee furthermore underlines the importance of children's participation in the development of prevention strategies in general and in school, in particular in the elimination of prevention of bullying, and other forms of violence in school. Initiatives and programmes that aim at strengthening children's own capacities to eliminate violence should be supported. As the experience of violence is inherently disempowering, sensitive measures are needed to ensure that child protection interventions do not further disempower children but rather contribute positively to their recovery and reintegration via carefully facilitated participation. The Committee points at barriers to participation faced by particularly marginalised and/or discriminated groups. Addressing these barriers is especially relevant for child protection as such children are often amongst those most affected by violence.