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1、DIALOGUEWORKING GROUP 5 - A new democratic dynamic: child participation in the public sphere?Overview: The right of the child to be heardThe adoption of the Convention on the Rights of the Child created a new status of the child as an independent rights-holder, fully entitled to claim their rights a
2、nd to undertake appropriate responsibilities. This radical departure is partially due to Article 12. As noted by the Committee on the Rights of the Child in General Comment No. 12 (2009), Article 12 is the first provision of an international human rights treaty which provides that children capable o
3、f forming their own views must be assured of the right to freely express those views (or not) in matters affecting that child, including in judicial and administrative proceedings, and have them duly weighted according to their age and maturity. This right to be heard and taken seriously constitutes
4、 a fundamental value of the Convention and has been identified by the Committee, along with Articles 2, 3 and 6, as one of its general principles. This means that in addition to recognizing a right in itself, this article should be considered integral to the interpretation and implementation of all
5、other rights found in the Convention. The Committee has further suggested that Article 12 establishes a new social contract and implies long-term change in political, social, institutional and cultural structures and practices and is symbolic of the recognition of children as rights-holders. In rece
6、nt years, the term “participation” has become synonymous with the conception of Article 12, which together with Articles 13 and 17, is now widely used to describe ongoing processes of information-sharing and dialogue between children and adults on the development of policies, programmes and measures
7、 related to childrens lives. To ensure that the implementation of Article 12 is effective, ethical and meaningful, the General Day of Discussion on the Right of the Child to be Heard recommended that the term participation be broadly understood as a process that is transparent and informative, volun
8、tary, respectful, relevant, child-friendly, inclusive, supported by training, safe and sensitive to risk, monitored and accountable. While Article 12 is recognized as the foundational provision related to childrens participation, the Committee has reminded States parties that the requirement of plan
9、ning, developing and working in consultation with children is found throughout the Convention.From de jure to de facto: institutional measures at the national levelThis shift in perceiving children from passive recipients to active and equal participants has been reflected in various efforts to prom
10、ote the realization of Article 12. But to include children as permanent protagonists in the public sphere, the Committee has urged States parties to move beyond tokenism to actual consultation with children. This entails their legally-protected, systematic inclusion in legislative and policy making
11、processes, and in the development and implementation of plans, indicators and child-centered standards, particularly in relation to alternative care, health care, education, labour, community development, data collection, the allocation of resources and preventive strategies to address all forms of
12、violence and exploitation. The Committee has recommended that one of the most effective ways to ensure the participation of children in these processes is to formalize links between children and decision-makers. Specifically, the Committee has encouraged groups of children, NGOs and Governments to c
13、reate childrens parliaments, youth forums, councils and committees at the national, regional and municipal levels. But are there mechanisms planned or in place to institutionalize child participation at all levels of decision-making? The Innocenti Study on General Measures of ImplementationUNICEF In
14、nocenti Research Centre, “The General Measures of the Convention on the Rights of the Child: The Process in Europe and Central Asia”, Florence: Innocenti Publications, 2006 reported that a number of Governments have taken steps to engage children in promoting the realization of their rights in local
15、, national, regional and international incentives. For instance, child parliaments have been established in many countries, while in others, children have been granted representation on national and regional bodies responsible for childrens rights. More frequently, children participate in specially
16、created municipal advisory councils and local mechanisms that in some cases have been integrated into the legal framework. These bodies have given children opportunities to identify priority issues and to contribute their particular perspectives, knowledge and skills to decision-making processes, although the Committee notes that the number of children who may actually participate is limited. Information technology has been used within existing mechanisms a
