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The Convention on the Rights of the Child brought about a revolution in the status of children, empowering them as rights bearers. Unlike international instruments that preceded it; the Convention did not limit itself to protection but went further to give the child its first civil and political rights; the right to freedom of expression. All children are entitled to a stimulating social environment that helps them develop self-respect and social competence. It was for this reason that the Committee on the Rights of the Child identified the right to be heard as one of the guiding principles of the Convention. It is also an underlying value that guides the way each individual right is ensured and respected. Child's participation is considered a criterion to assess progress in the implementation process of children's rights; and an additional dimension to the universally recognized freedom of expression. Implementation of the Convention brought about tangible progress for millions of children across the globe; the number of children who now go to school has risen; many are healthier and live longer. Unfortunately, the same progress can not be claimed about other rights including the right to be heard. It remains a very sensitive if not the most misunderstood of all rights. This morning, I will attempt to examine what the right entails, and how best can we enhance its implementation. Article 12 of the Convention states: 'that children have the right to express their views in all matters affecting them and requires that those views be heard and given due weight, in accordance with the child's age and maturity. It also states that the child shall in particular be provided with the opportunity to be heard in any judicial and administrative proceedings affecting the child in a manner consistent with the procedural rules of national law.'[1] Thus, it recognizes the potential of children to enrich decision-making processes, to share perspectives and to participate as citizens and actors of change. This article indicates that children need to be involved in the process of realizing their rights. As a fundamental right of the child, it requires a clear commitment and effective actions to become a living reality and therefore is much more than a simple strategy. Article 12 does not set a minimum age at which children can begin expressing their views freely; nor is there a limit to the contexts in which children can express their views.[2] The child's right to express an opinion is contingent on the child's capability to formulating views and articulating those views. Article 12 stops short of giving the child the right to decide. When we talk about the right of the child to be heard, we must go beyond Article 12 and link it with several other key articles of the Convention. The CRC specifies that children are entitled to enjoy the right to freedom of expression (Article 12, 13), freedom of thought, conscience and religion (Article 14), and freedom of association (Article 15) which are key prerequisites for children's participation to be relevant and significant as it implies opportunities to express political opinions, to engage in political processes and participate in decision-making. In addition, children should have access to information (Article 16) about choices available to them and the consequences of such choices, as it is a necessary foundation for informed participation in decision making. Article 23 recognizes disabled children's rights to a full and decent life, including their inclusion and active participation in the community. Article 29 states that education shall be directed to the preparation of the child for active democratic citizenship. Article 31 states that governments "shall respect and promote the right of the child to participate fully in cultural and artistic life." Taken together, these articles reflect a new global consensus that, as soon as children are able to express a preference about a matter of interest to them, they have the right to form an opinion and to make it known to others. It empowers the child to be an active actor in the different settings; the home; school; institutions of the society and the community at large. Even though all of these articles (except articles 23 & 31) mention the right of the child to be heard, we generally tend to interpret this right as the right to participation. The best interests of the child (art. 3), the right to life, survival and development (art. 6), family environment and alternative care, and protection are also relevant to the right of the child to be heard. These are critical articles to the development of a democratic society and to the participation of children in the realization of their rights. The right to be heard is not only a right on its own, but is also a general principle, guiding the implementation of every article in the convention, it is a measure of implementing the rights enshrined in the convention, and finally it is an outcome. As a general principle, the right to be heard is interdependent with other general principles. As a measure of implementation, The Committee on the Rights of the Child is always keen on asking the States about the degree of involvement of children in measures taken to implement the rights of the child. Voice of the child is one element to determine his best interest, and finally as an outcome, Minimum standards for child participation must be assured; it has to be informed -genuine- transparent- guided by; and serving the best interest of the child- it must not endanger the child or compromises his/ her integrity- and it should enhances personal development. The family is the ideal framework for the first stage of the democratic experience for children. Giving the child the chance to express his views will strengthen his cognitive skills. It establishes a special bond with the parents or care givers. It will contribute to smoothing the relationship with them. There should also be greater recognition of children's rights to participate in decisions about their health and related health care. A discussion about upholding child’s rights, or lack thereof would in my opinion be incomplete if it were not to address the concerns of children in poorer countries where the participatory rights of the child is a token and largely curtailed due to socio-economic factors. Marginalized groups especially girls among these groups are rarely; if ever consulted; even when it comes to the most crucial decision in her life’ such as being kept from going to school to stay and help with house work; deprived of any options in life except to find a husband who will provide for her. Even then her consent for the marriage is only a formality required by law. The same is the case for orphan, poor children or children from broken families who involuntarily and most often forcibly find themselves on the street as their parents; or care givers unilaterally decide that it is more beneficial not to send the child to school, but rather send him or her to make a living on the street. Instead of enrolling in school, and aspiring to a good career, these children find themselves being chased by the police without having committed a crime. A child who wakes up to being dragged to an auto shop to work 12 hours or more without any assurances or health precautions; to turn into an easy prey for physical or sexual abuse could otherwise be enjoying recess with his friends in the middle of a school day. The right to participation here becomes a matter of life or death for these victim children. States must support poor families to undertake their role. Children's participation takes on a special dimension in the area of education. The active participation of children in all aspects of school life, including the curriculum and education methodology should be stressed. There is a need for policies and procedures that provide consultations with students as a group and assure respect for students' individual educational choices.[3] 'Quality education provides children with the opportunity to develop their talents and abilities, to gain confidence and self-esteem, to use their initiative and creativity, to gain life skills, take informed decisions and to understand and experience tolerance and democratic values.'[4] To sum up, children must be perceived not as mere recipients of knowledge, but rather as active participants in the learning process. The educational process must be child-centric. The importance of such an approach is underscored in case of vulnerable children. Marginalized children usually drop out of school because they feel left out; unaccounted for. We need to make schools more democratic; train teacher to listen to children; curricula must allow the time and space for the child to speak. This will never happen if the class room is over crowded and the teacher is underpaid and lacks motivation. This situation endangers the most vulnerable children who usually fall from the cracks. It is always poorer and children from broken families or minority children such as refugees; who usually don’t go to schools; They have no space to express themselves; they feel alienated and that no one will listen to their problems let alone lend a helping hand. If the toilette in the school is out of order; girls will stop going to school without complaining about it. We must put an end to that. Schools must encourage children to express their views and duly take such views into account when making decisions affecting children’s lives. Developing countries need to invest more in education; build more schools to make classes less crowded; invest in teachers training; adopt active learning; introduce human rights into curricula and extracurricular activities. In a nutshell; Deprivation from education deprives the child from choices in life. Consequently participation in school is of crucial importance to enable the child to enjoy his right to education as set out in articles 28 and 29 of the Convention. The involvement of children in community affairs from an early age will help stimulate their interest in political issues, enhance their sense of belonging and motivate them to make informed decisions. [5]This is the founding stone for a democratic society. Article 4 of the Guidelines conforms with the general principles of the Convention, where it stresses the right to express views and concerns and to be heard, and more specifically states that: "Professionals should make every effort to:
Ladies and Gentlemen;
Article 12 is not only about the “individual right” of the child, but also a “collective right” of children and young people – e.g., the right to association.
First: The Collective Right to be heard:
I will focus on three settings; the family; schools and the community.
Parents need to be trained on how to give children the space to express their views; they must be trained on how to listen to their children; and to treat these views with respect. They need to know that Children participation and parental authority are mutually enhancing and not at odds. Parents need to recognize that fulfilling the right of the child to be heard at home; will be our tool to preventing domestic violence; strengthening child/parent relationships; closing the generation gap; and finally protecting children from straying.
The plight of children involved in armed conflict is a very serious matter. Those children have the right to be heard. The Committee is very much concerned about recruiting and targeting children in armed conflict. We need a forum to enable these children to enjoy their rights ; meanwhile it is incumbent upon all parties to armed conflict must abide by the international humanitarian law.
Second: The individual right of the child to be heard:
Paragraph two of article 12 of the Convention on the Rights of the Child deals with the individual right of the child to be heard in any judicial and administrative proceedings affecting the child. Such proceedings can be related to civil and criminal law, family and alternative care, protection, health, immigration status and schooling among others. Some countries have recognized the right of children to take legal action in defense of their rights supported by new legislations expanding their right to be heard, especially in proceedings concerning the family to minimize the risks on children testifying in courts. [6] We must admit; however; that a lot still needs to be done in this field. A giant step forward in this direction has been the adoption by ECOSOC in 2005 of the UN “Guidelines on Justice in Matters involving Child Victims and Witnesses to Crime”. Whose initial draft was formulated by the International Bureau for Children's Rights (IBCR). It complies with the Convention on the Rights of the Child and other relevant major international and regional norms, standards and principles.
More importantly it set; inter alia; the guidelines for the protection of the children while expressing his or her views during the judicial proceedings.
Dear Participants
Many cultures and societies do not interpret the right of the child to be heard the way that we as policy makers and child rights experts do. It is challenging to implement, particularly reaching children in their environments in which their choices are limited by their social reality.[8] For example, a number of countries have expressed concern that the Convention is challenging parental authority and justifies state interference in the family.[9] Children in some societies often find that the willingness of others to listen to them is oftentimes so constricted that the right to be heard carries little meaning.
Hence; it is not just about children being able to express themselves, but also revolves around the ability of adults to listen to what the child is saying. This is the other side of the coin, namely whether adults are capable of listening, understanding[10] and considering the child's point of view, and whether they are willing to re-examine their own opinions and attitudes and to envisage solutions that address children's views.[11]'
The right of the child to be heard does not mean that children's opinions are automatically endorsed. Expressing an opinion is different than taking a decision, however such an act implies the ability to influence decisions. A dialogue and exchange of information needs to be encouraged whereby children assume increasing responsibilities and thus learn to become active, tolerant and democratic. To this end, adults must provide direction and guidance to children while considering their views. When both my children were selecting their academic field of interests in high school and college, they were both keen on pursuing a degree in Political Science like mother. As a career diplomat, I was reserved towards this idea, as I felt that if they were to pursue that field they would limit their vocational options to the Ministry of Foreign Affaires; where as other disciplines could have provided them with a broader range of career options. After a lengthy discussion and against my better judgment they both majored in political science; 11 years later my daughter is a chartered financial analyst while my son has pursued a successful career in Information Technology. Both have no regrets at the major of their choice but we always have a good laugh about how their freedom of choice cost them additional years of post graduate studies.
We must admit hat for adults, as well as for children, participation is a challenging learning process and cannot be belittled. It entails training and mobilizing adults, so that they are equipped to provide children the opportunity to freely and increasingly partake in society and gain democratic skills.[12]
Ladies and Gentlemen;
Many creative initiatives have been sparked to give children a voice, and to involve them in decisions at community and national levels, even at the global level. School councils have been established; internet sites where children can exchange opinions were created, children living in difficult circumstances have been included in the planning and implementation of projects; and children are now included in research and events as participants, partners and experts. Also, children's parliaments have been established in several countries throughout the world, including several countries in North Africa and the Middle East. These parliaments encourage self-confidence, and provide an opportunity for the development of leadership and communication skills.[13] Hot lines have been introduced in a number of countries as a mechanism to express ones views and to lodge complaints. Many children; however; still lack the confidence to phone and express their views. Furthermore; even when such mechanisms intended to facilitate the participation of children in decision-making have been established, it is still oftentimes difficult to assess their effectiveness. We need to make sure that those student parliaments or councils are freely elected and that the right to association is granted without interference.
Children's rights will become closer to a reality when States have both the political will to recognize these rights, as well as the capacity and the knowledge to be effective in implementing these rights in partnership with the civil society.
To that end, sound complaint mechanisms should be made available to children; such as a child helpline or an Ombudsperson or a Commissioner for Children; they must be adequately resourced and mandated.
Media in its multi form is one of the critical tools available for children. It should abide by a code of conduct; adopt a rights’ based; holistic; ethical and 'child-friendly' approach; while ensuring that children's views on matters of concern to them are well presented; the privacy of children is not violated.
Ladies and Gentlemen:
UN Study on Violence against children:
The independent Expert on the UN Study on Violence against children will present his report to the UN General Assembly on October 11th 2006. One of the highlights of this study is its development through a highly participatory process involving children themselves. Let us all commit ourselves to implementing the recommendations of the study. Let us keep the momentum of children participation throughout this process.
In closing, I sincerely hope that our dialogue today will generate instrumental recommendations that will feed into the ongoing exercise of the Committee on the Rights of the Child; drafting a general comment on article 12; conducive to making child’s participation a reality.
Thank you for your attention.
[1] United Nations. Convention on the Rights of the Child.
[2] UNICEF. Fact Sheet: The right to participation.
[3] Hammarberg, Thomas and Alfhild Petren. 'The Political Influence of Children.' Children's Rights – Turning Principles into Practice. Pg. 64.
[4] UNICEF. Fact Sheet: The right to participation.
[5] O'Donnell, Dan. The Participation of Children and the Convention on the Rights of the Child. UNICEF Innocenti Research Centre, December 2005, pg.25
[6] O'Donnell, Dan. The Participation of Children and the Convention on the Rights of the Child. UNICEF Innocenti Research Centre, December 2005, pg. 26.
[7] International Bureau for Children's Rights. Guidelines on Justice for Child Victims and Witnesses of Crime. Pg. 10.
[8] Melton, Gary. Background for a General Comment on the Right to Participate: Article 12 and Related Provisions of the Convention on the Rights of the Child. Pg. 4.
[9] UNICEF and Save the Children (2000). Children's Rights – Turning Principles into Practice. Pg. 12.
[10] Hammarberg, Thomas and Alfhild Petren. 'The Political Influence of Children.' Children's Rights – Turning Principles into Practice. Pg. 62.
[11] UNICEF. Fact Sheet: The right to participation.
[12] UNICEF. Fact Sheet: The right to participation.
[13] O'Donnell, Dan. The Participation of Children and the Convention on the Rights of the Child. UNICEF Innocenti Research Centre, December 2005, pg. 11.
pdf: http://www.ohchr.org/english/bodies/crc/docs/statements/RighttobeheardMK...