Article 6: Right to life and maximum survival and development

Overview of Article 6

Article 6 is designated by the UN Committee on the Rights of the Child as one of the general principles of the CRC that guarantees the child’s inherent right to life, significantly linking the child’s survival and holistic development.^[1] Beyond respecting the inherent right to life and physical survival of the child, a holistic concept of development of the child encompasses aspects like physical, mental, spiritual, moral, psychological and social development.^[2] Implementation of the whole Convention hinges on the key concept of survival and development to the maximum extent possible [1-3]. Significantly, effective implementation of this article in a broad holistic manner requires that all other provisions are undertaken [4]. Consequently, the matters for discussion under this article are wide and varied, intersecting and interrelated at the point of threatening survival and disrupting development.

The right to life is the only right defined as inherent in the CRC resulting in the State’s primary obligation “to take all comprehensive legislative, administrative and other positive measures to ensure, to the maximum extent possible, the inherent and indivisible right to life, survival and optimal development of the child [5]. The discussion of right to inherent life includes a broad range of issues from the limitations on the use of death penalty, lowering preventable causes of death and infant mortality, promoting universal sanitation, and all measures that serve to increase life expectancy and in turn the survival and development of the child [3, 6]. Protection of this right requires States to adopt various “positive measures” that promote conditions that prolong and prevent the deprivation of a child’s life [7]. Maximum survival and development can only be assured if safeguards and protection from violence and exploitation are provided. States must in turn regard their own actions that put in jeopardy or intentionally take life away.

The State holds the obligation to respect the right to life creating an environment that “enables all children under their respective jurisdictions to grow up in a healthy and protected manner free from fear and want and to develop their personality, talents and mental and physical abilities to their fullest potential consistent with their evolving capacities” [7]. This is accomplished by providing explicit protections in law which include strict circumscribing of measures that arbitrarily and non-arbitrarily deprive life and impede on a child’s development. The duty for the upbringing and development of the child is a shared responsibility that have parents supported by the State which makes available appropriate assistance. Where a child is deprived of their family environment special protections and assistance are to be provided [7]. The Committee on the Rights of the Child calls for Article 6 to be reflected in domestic legislation intentioned on creating the optimal conditions and opportunities for survival, growth and development [3].

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^[1]  UNCRC (1991) General Guidelines regarding the form and content of initial reports Doc. CRC/C/5, para. 13. Also 1996 Doc. CRC/C/58, para. 40 where it defined Article 6: “specific measures taken to guarantee the child’s right to life and to create an environment conducive to ensuring to the maximum extent possible the survival and development of the child, including physical, mental, spiritual, moral, psychological and social development, in a manner compatible with human dignity, and to prepare the child for an individual life in a free society”.

^[2] As defined in CRC Article 27.

Article 6 Indicator Table

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