UN Committee on the Rights of the Child Day of General Discussion: The Child's Rights to be Heard - Recommendations

Summary: The report gives recommendations to States on how to apply article 12 of the Convention on the Rights of the Child on the child's right to be heard.

The annual Days of General Discussion of the Committee on the Rights of the Child seek to foster a deeper understanding of the contents and implications of the Convention as they relate to specific articles or topics. On 15 September 2006 during its forty-third session, the Committee devoted its Day of General Discussion to the theme “Speak, Participate and Decide- The Child’s Right to be Heard”.

In its consideration of the reports of States parties on implementation of the Convention on the Rights of the Child, the Committee has systematically stressed the importance of children’s right to express their views in all matters affecting them, with those views being given due weight in accordance with the age and maturity of the child. The Committee has identified this right as one of the four general principles of Convention. This means that the implementation of article 12 is an integral part of the implementation of the other articles of the Convention, as well as a free standing right of the child.

The Day of General Discussion sought to explore the meaning of article 12; its linkages to several other articles. Particular attention was given to the implications of the article for child participation - both as individuals and a collective constituency – in all aspects of society and the right to be heard in legal and administrative proceedings. Discussion further focused on identifying the gaps, certain good practices, and priority issues that need to be addressed in order to further the enjoyment of the right of the child to be heard and to have those views taken into account, in a manner consistent with the Convention; promote child participation and opportunities at all levels in the home, school, community and wider society, as well in emergencies, conflict and post conflict situations.

During the Day of General Discussion, which is a public meeting, representatives of Governments, United Nations bodies and specialised agencies, non-governmental organizations, national human rights institutions as well as individual experts took part. Over 200 participants from 45 different countries participated during the day, including some 30 children from different parts of the world. The children actively took part in the discussions and throughout the day voiced their priority concerns and provided important contributions with examples of actions and projects relating to the implementation of article 12.

In order to facilitate an in depth discussion of these issues, the Committee convened two working groups on the following sub-themes in relation to article 12:

  • Children as active participants in society
  • The child’s right to be heard in judicial and administrative proceedings

The recommendations contained herein stem from the concerns and proposals raised during the Day of General Discussion and the over 60 written submissions received prior to the event . The balance among the recommendations reflects the focus during the discussions of the day and also that of the written contributions, the majority of which highlighted the role child participation at the community level. The Committee however wishes to underline the importance that child participation be encouraged in the home and at school.

 

pdf: http://www.crin.org/docs/Final Recommendations after DGD.doc

Countries

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