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Mr. Chairman and Members of the Committee on the Rights of the Child, Children and Young People, Distinguished Delegates, Partners and Friends, Ladies and Gentlemen, Why do we need a “General Comment on Article 12”? (c) Child Participation evokes much emotion, passion and enthusiasm on the part of children and young people as well as many adults, NGOs and community groups that support them. It therefore becomes important to make sure that there are internationally-accepted standards and protocols that guide this process and that both the rights and responsibilities of exercising Article 12 (child participation) are recognized and taken into account by both children and adults. The General Comment would help in setting these international standards and guidelines. (d) For over two decades, primarily through the initiative of children and young people themselves, the participation of children and young people has taken a more “organized form and expression” through the formation of children’s clubs, working children’s movements, youth organizations and networks. In many countries and regions, these organized and collective expression of participation rights have made it incumbent on State Parties, international agencies and NGOs to establish formal partnership relations with organized children. In this context, the General Comment needs to provide adequate guidance to State Parties and partners to work in a more organized way with children and young people and to adopt legal provisions to promote these new partnerships. (e) Going beyond expression and advocacy, child participation today challenges us to ensure its institutionalisation and sustainability. At the level of the family, school, village councils, the community and society at large, the gradual insitutionalisation of the participation of children and young people needs to be addressed through creating appropriate spaces and opportunities, structures and mechanisms that facilitate and support the ongoing involvement and contribution of children and young people in decision-making. The General Comment needs to underline the importance of this process and provide both legal and social guidance on how Ministries and government agencies, school management, local institutions and bodies, and others could integrate child participation in a meaningful way in their day-to-day activities and long-term plans.
On behalf of UNICEF I wish to first of all express our appreciation to the Committee for making the decision to prepare a General Comment on Article 12 and child participation and for dedicating this Day of General Discussion on this theme. This is perhaps the most appropriate time for this General Comment – it comes at a time when experiences and lessons learnt around the world in promoting meaningful participation of children and young people has reached a new stage of advocacy and visibility. This is a time when many Governments, international agencies, donors and the NGO community have come to recognize that children and young people are indeed partners in development and change. This is also a time when – as we approach in 2007 the 5-year Review of the UN Special Session on Children and progress in the implementation of the commitments made by State Parties to “A World Fit for Children”, agencies like UNICEF have translated this core guiding principle of the CRC into specific targets to be achieved in our global business plan for the next four years. UNICEF is convinced that children and young peoples participation must be an essential feature of all our global, regional and national initiatives and programmes and that we must seriously engage with young people as key partners in order to achieve a “World Fit for all Children”.
Today I want to acknowledge the presence with us of over 30 young people (boys and girls) from different parts of the world who have met in a Preparatory Forum in the last two days here in Geneva to discuss and arrive at their conclusions and recommendations on Article 12 which will be presented at this Day of General Discussion. I hope we can carefully listen to their voices and take them into account as we deliberate and agree on our recommendations. I also hope that their participation and contribution today will help us adults to be more practical and relevant in order to better understand the complexity of the contexts and situations in which children and young people seek to advocate on their issues and concerns and actively involve themselves in the family, school, community and national levels.
As the world’s leading agency on children, UNICEF champions the child’s right to survival, protection, participation and development. UNICEF views its obligation to promote the participation of all children – with special attention to adolescents - as one of its core guiding principles. UNICEF advocates for child participation of both boys and girls, with a special focus on the most vulnerable, to become a fundamental component of all decision making processes affecting children, including in situations of conflict and crises. This advocacy includes supporting States Parties and partners in the design and implementation of policies and programmes that affect children’s lives, so that they enable the views of girls and boys to be taken into account and acted upon in the delivery of our programmes.
Starting-point - Understanding Participation
There are a number of important reasons why it is important for the Committee on the Rights of the Child to issue a General Comment on Article 12 and child participation :
(a) for too long, many State Parties and agencies have adopted a tokenistic approach to children – involving boys and girls as mere “decoration” in national ceremonies or conferences. In this perspective, children are used to endorse adult-initiated messages and events with nothing more than mere physical presence and perhaps some songs and cultural performances that children are able to perform to often add variety to these situations. It thus becomes important for the Committee to provide guidance to State Parties to go beyond this “tokenism” and begin to respect and appreciate the positive contribution of children and young people in substantive discussions, active involvement as social actors and in decision-making.(b) Child Participation is both a General Principle of the CRC as well as one that has specific provisions in articles. As a general principle it is critical that State Parties and other partners understand and recognize the importance of this concept in order to respect its guiding principles and safeguard ethical standards. This will help to ensure that all other articles of the CRC are effectively implemented.
Key Elements of a General Comment on Article 12
UNICEF believes that a General Comment on Article 12 needs to address both the “legal” and “social” context in which children and young people today live, seek to express their views and participate in decision-making. As a guidance issued by the Committee on the Rights of the Child to State Parties it necessarily needs to be legally relevant and adaptable in national legislation and procedures. At the same time, it also needs to be sensitive to the social, cultural, ethnic and religious contexts in which children and young people live in their society and in ways in which they interact with adults and engage in social change. In this regard, it is particularly important to distinguish between those social, cultural and religious values and practices that support participation and those that inhibit it.
There are three main areas that needs attention :
(a) Providing Space and Opportunities for meaningful child participation
Children and young people need space and opportunities to engage with adults and society. Starting with the family, the school and the local community, such spaces and opportunities need to be created to facilitate meaningful child participation. At higher levels, national forums and structures need to engage children and young people in policy advocacy, national reform and development.
(b) Building capacity among children/young people and adults
We need to invest in children and young people – to build their skills, capacities and expertise to meaningfully contribute to positive family and community development. Creative learning, social engagement and inter-generational dialogue between children and adults are some of the ways in which this investment can be made. At the same time, we also need to build the capacity of parents, care-givers, teachers, governmental officials and other adults (including organizational capacities) to enhance their skills and expertise to engage with children and young people in meaningful ways. In this regard, there is need to apply accepted ethical standards and guidelines to protect children as well as to ensure that participation is meaningful and relevant.
(c) Creating a “safe and supportive participatory environment” to promote child participation
A relevant legal and policy framework is essential to promote child participation and to gradually institutionalize participation. National and local laws and policies need to be child-sensitive. Administrative and judicial procedures need to safeguard the “best interests of the child” and ensure that the child’s dignity and integrity is respected. The family and the school need to be supportive to creative learning and the holistic development of the child. Adolescents and youth need to be supportive of young children and their growth and development.
Conclusion
In conclusion, on behalf of UNICEF, I hope our deliberations today – and particularly the views and opinions of the children and young people present – will provide both clarity and guidance in the drafting of the General Comment on Article 12. It is also our hope that the General Comment will serve as a useful guide for governments to promote the efficient application of Article 12 and support the meaningful participation of children and young people in the implementation of all other provisions of the Convention. Furthermore, the General Comment must also provide a strong legal basis for future technical cooperation and partnerships between State Parties and UNICEF, child rights NGOs, youth organizations and networks to make meaningful child participation an essential feature of national policies and programmes.
The child’s right to be heard, participate and decide has today become an integral part of our development discourse and an essential feature of many key international and national events, campaigns and initiatives. We need to acknowledge this reality and ensure that with the General Comment on Article 12 a legal and institutional basis is established to safeguard and promote this right. We owe this to the children and young people of today and tomorrow – we owe this to the world that we have inherited from our parents, but even more important - a world that will be shaped by children and young people now and in the future.
Thank You.
Victor P. Karunan, Ph.D.
Senior Advisor
Adolescent Development and Participation
Programme Division
UNICEF Headquarters
New York, 15 September 2006