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Article 4 - General Obligations
Background Documents | Article 4 Background
Seventh Session | Fourth Session | Third
Session
Working Group | References
Summary of discussions on draft article 4
7. There was general agreement on the following points for draft article 4:
• The Ad Hoc Committee should consider the placement of draft articles 4, 5
and 7 in relation to each other at a later stage.
• Draft article 4 should include the
wording of article 4 of the Convention on the Rights of the Child. The precise
wording of the paragraph was referred to the facilitator’s group on this draft
article, led by Gustavo Ainchil (Argentina), for further work.
• Draft article 4 should include the
concept of progressive realization of economic, social and cultural rights,
balanced by the need to implement immediately those obligations that are capable
of immediate implementation.
• Non-discrimination is not subject
to the doctrine of progressive realization.
8. There was also a substantive discussion
on the possibility of including a provision on remedies either in draft article
4 or draft article 9. While there was some support expressed for this, further
discussion is required before the issue can be referred to the Facilitator’s
group.
Paragraph 1
9. There was general agreement that
the elements contained in draft articles 13 (d), 19.2 (e), 20 (c) and 21 (f)
should be consolidated in subparagraph 1 (f) and a new subparagraph 1 (g). The
Facilitator’s group was mandated to work on the precise wording of this proposal.
Paragraph 2
10. There was general agreement that:
• The elements in draft articles 5.2
(d), 6 (c), 18 (c), 19.2 (g) and 21 (m) should be consolidated generically in
paragraph 2.
• The ultimate placement of paragraph
2 should be discussed at a later stage, along with the other articles related
to implementation and monitoring.
• The question of consultation with
families and others could not be resolved in the context of draft article 4
but could be considered under other specific articles or under the preamble.