A/HRC/39/CRP.2 36. Under the Convention on the Rights of the Child (CRC), Myanmar is obligated to guarantee children, meaning all persons under the age of 18 years, the rights to life, survival, development and preservation of identity; to be registered at birth and to acquire a nationality; to protection from all forms of physical or mental violence, injury and abuse, including sexual abuse; to the highest attainable standard of health; to education; and not to be tortured, sentenced to the death penalty nor suffer other cruel or degrading treatment or punishment. 10 Children also enjoy the rights to freedom of expression, freedom of peaceful assembly and association, and freedom of religion. 11 Children belonging to ethnic, religious or linguistic minorities have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language.12 Under the CRC, governments must do everything they can to protect and care for children affected by armed conflicts. 13 Importantly, the CRC puts States parties under an explicit obligation to respect and ensure these rights to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or their parents’ or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 14 37. As a party to the Convention on the Elimination of All Forms of Discrimination against Women, Myanmar is committed to undertake measures to end discrimination against women in all forms, including by abolishing discriminatory laws and ensuring the elimination of all acts of discrimination against women by persons, organizations or enterprises. Violence against women and girls, including sexual and gender-based violence, is a form of discrimination prohibited by the Convention and is a violation of human rights. 15 The obligations of States parties do not cease in periods of armed conflict or in states of emergency resulting from political events or natural disasters, and they apply without discrimination to both citizens and non-citizens, including stateless persons.16 States parties have a due diligence obligation to prevent, investigate, prosecute and punish acts of sexual and gender-based violence.17 38. Under the Convention on the Rights of Persons with Disabilities, States parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.18 Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. 19 39. The International Covenant on Economic, Social and Cultural Rights requires State parties to undertake steps, to the maximum of their available resources, with a view to 10 11 12 13 14 15 16 17 18 19 12 Optional Protocol; the Convention for the Protection of All Persons from Enforced Disappearance; the International Convention on the Elimination of All Forms of Racial Discrimination; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It has signed, but not yet ratified, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (28 September 2015). Myanmar has also not accepted any of the individual complaints procedures under these conventions. CRC, arts. 1, 4, 6, 7, 19, 24, 28, 34, 37. CRC, arts. 13-15. CRC, art. 30. CRC, art. 38(4). CRC, art. 2. United Nations Committee on the Elimination of Discrimination against Women, “General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women” (CEDAW/C/GC/28), para. 9; “General recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations” (CEDAW/C/GC/30), para. 34; “General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19” (CEDAW/C/GC/35), para. 21. United Nations Committee on the Elimination of Discrimination against Women, General Recommendation No. 28, para. 11-12. E.g. United Nations Committee on the Elimination of Discrimination against Women, General Recommendation No. 30, para. 15, 23. CRPD, art. 4. CRPD, art. 1.