The document summarizes the UN Committee on the Rights of the Child's perspective on children's right to participation under Article 12 of the UN Convention on the Rights of the Child. It discusses what participation means, the types of decisions children have the right to participate in, who has the right to participate, how children can express their views, and the obligations of states to ensure meaningful participation. It emphasizes that participation must be ongoing, include information sharing and dialogue, and that children's views must be given due weight according to their age and maturity.

1. MFA, Helsinki, 11 Oct 2017,
Seminar on the Rights of Children and Young People to Participate
The right of the child to participation
from the point of view of the UN Committee
on the Rights of the Child
Prof. Kirsten Sandberg,
member of the UN Committee

2. Overview
• What is participation under art. 12?
• In what kind of decisions etc?
• Who has the right to participate?
• How can children express their views?
• What should States do to make children
heard?
• The importance of information
• The weight of children’s views
• Participation in the work of the Committee
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3. Sources
• General comment No. 12 on the Right of the
Child to be Heard
• Other general comments
• Days of general discussion
• Concluding observations to States
• The Committee’s working methods
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4. Article 12
1. States Parties shall assure to the child who
is capable of forming his or her own views the
right to express those views freely in all matters
affecting the child, the views of the child being
given due weight in accordance with the age
and maturity of the child.
• «shall» makes it a strong obligation
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5. Two types of participation
• Participation at two levels:
– In general decisions, children as a group or
groups of children
– In individual decisions
• I will speak about the first one, children’s
participation in advocacy and opinion-making
• Relationship to right to freedom of expression
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6. What is participation?
• "ongoing processes, which include
information-sharing and dialogue between
children and adults based on mutual respect,
and in which children can learn how their
views and those of adults are taken into
account and shape the outcome of such
processes“ (GC 12 para. 3)
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7. (cont.)
• “The concept of participation emphasizes
that including children should not only be a
momentary act, but the starting point for an
intense exchange between children and
adults on the development of policies,
programmes and measures in all relevant
contexts of children’s lives.” (GC 12 para. 13)
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8. In what decisions etc? «all matters affecting
the child»
• CRC has no list, not limited to certain questions
• GC 12: Wide interpretation preferable in order to
include children in social processes
• No general political mandate, see art. 13
• But art. 12 covers not only matters that have «child»
in the name!
• Curricula at school, school bullying, health,
transportation, social protection, local planning,
environmental issues, etc
• Children in general, or groups of children
• In kindergarten, schools, community and society 9

9. Environmental issues
Day of general discussion 2016:
• States should ensure that all children, including
younger children, are given opportunities to
participate in discussions on the impacts of
environmental issues and should build children’s
meaningful participation into environmental policy-
making at all levels.
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10. Digital media
Day of general discussion 2014:
• States should ensure that children are consulted in
order to take into account their views and
experiences in developing laws, policies,
programmes, and in the setting up of services, and
other measures relating to digital media and ICTs
• Children should also be actively engaged in the
design and implementation of initiatives aimed at
fostering safe use of digital media and ICTs,
including online safety.
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11. Public budgeting
GC 19 (2015) on public budgeting for the realization of
children’s rights:
• States parties should regularly hear children’s views
on budget decisions that affect them, through
mechanisms for the meaningful participation of
children at the national and subnational levels.
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12. Concluding observations
Recommendation to the UK 2016:
• Establish structures for the active and meaningful
participation of children and give due weight to their
views in designing laws, policies, programmes and
services at the local and national levels, including in
relation to discrimination, violence, sexual
exploitation and abuse, harmful practices, alternative
care, sexual and reproductive education, leisure and
play.
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13. Who has the right? Any child «capable of
forming his or her own views»
• Small children, see GC 7 (2005) on child rights in
early childhood and GC 12: A child is able to express
views from the earliest stage
• Requires recognition of non-verbal forms of
communication (play, body language, drawing)
• Children with disabilities or a minority language
are also able to form views, even if they cannot
express their views in the ordinary way! Adaptation
needed
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14. Who has the right, cont.
• GC 20 (2017) on adolescence: The Committee
emphasizes the importance of participation as a
means of political and civil engagement through
which adolescents can negotiate and advocate for
the realization of their rights, and hold States
accountable
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15. How can children express their views?
• In whatever way they like – oral, writing, photos, film,
music, poetry, drawing, theatre etc.
• Through what channels? Any. Social media,
newspapers, magazines, radio, TV, letters, email,
meetings, conferences
• No need to do it in the adult way, adults must accept
various forms of expressing views
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16. What should States do to make children’s
views heard?
• Actively seek children’s views in all decision-making
that affect them!
• Create mechanisms for this purpose
– Schools: Class councils, student councils, student
representation at school boards etc
– Local children’s /youth councils /parliaments
– National children’s /youth parliament
• Establish online spaces (DGD on digital media)
• Support and encourage children’s own organisations
(GC 20)
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17. What should States do, cont,
• Make sure that marginalised and disadvantaged
children are not excluded from consultation
processes on legislation and policies
• Combat negative attitudes to children.
– UK 2016: take urgent measures to address the
“intolerance of childhood” and general negative
public attitude towards children, especially
adolescents, within society, including in the media
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18. Directly or through a representative body?
• Children do not need to go through a representative
body to express their views, they can do it in ad hoc
groups or individually
• “Consulting hours of politicians and officials, open
house and visits in schools and kindergartens create
additional opportunities for communication”, GC 12
• Probably the weight will (should) be greater if
expressed by a representative body – if it is truly
representative
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19. Concluding observations
• UK 2016: Expedite the establishment of youth
parliaments in all devolved administrations … as
permanent forums for children’s effective
engagement with national legislative processes on
issues that affect them
• New Zealand 2016: Develop toolkits for public
consultation on national policy development,
including consulting with children on issues that
affect them, standardize … at a high level of
inclusiveness and participation
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20. The importance of information
• Children cannot form views without being properly
informed on the matter and alternatives for action
• DGD on children’s rights and the environment 2016,
regarding environmental education:
– Education was seen as children’s main source of
gaining environmental information. It was further
stressed that education plays a significant role in
empowering children to become actors of
change and defenders of the environment
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21. Due weight to children’s views
• Hearing children must not be tokenistic!
• Adults must listen to what children say and
seriously consider it
• According to age and maturity
• Best interests of the child shall be a primary
consideration, and art. 3 cannot be correctly
applied if the components of article 12 are
not respected
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22. Basic requirements for children’s right to be
heard
All processes of participation must be:
• Transparent and informative
• Voluntary
• Respectful
• Relevant
• Child-friendly
• Inclusive
• Supported by training of adults and children
• Safe and sensitive to risk
• Accountable – feedback to children
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23. Children’s participation in the work of the
Committee
• In the review process, see «working methods …»
– Children’s reports, videos, photo books
– Children’s meeting during pre-session
– Participation through video-conferencing
– Attend dialogue with the State or watch webcast
• In the development of general comments
– Consultations in different parts of the world
– Online consultations
• In days of general discussion
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24. What did I say?
• All children have a right to express their views
• In all matters that affect them
• States should create structures for children to be
heard at school, local and national level
• Children need access to information in a form they
understand
• Adults need training
• Authorities must take children’s views into
consideration, avoid tokenism!
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