Since the adoption of the UN Convention on the Rights of the Child in 1989,Article 12 – the provision that children have a
right to express their views and have them taken seriously in accordance with their
age and maturity – has proved one of the most challenging to implement. Although understanding of childhood and attitudes towards children differs widely across cultures, the experience of the Committee on the Rights of the Child has been that
the reasons for excluding children from participation in matters that affect them are remarkably consistent across different parts of the world: children lack competence; they lack knowledge and judgement; involving them in decisions is to place too heavy a burden on them; parents know what is best for their children; giving children a voice will lead to excessive demands, bad behaviour, disrespect for elders; participation will expose children to risk of harm. However, we have learned over the past 20 years
that these concerns are not borne out by the evidence.Time and again, experience shows that children – even very young children – given the time and opportunity, demonstrate not only that they have views, experiences and perspectives to express, but that their expression can contribute positively to decisions that affect the realisation of their rights and wellbeing.
Article 12 is important as a fundamental right: it is a measure of our human dignity that we are able to be involved in decisions that affect us, consistent with our levels
of competence. It is also a means through which other rights are realised. It is not possible to claim rights without a voice. Children who are silenced cannot challenge violence and abuse perpetrated against them.The capacity to learn is restricted without the chance to question, challenge and debate. Policy-makers cannot identify the barriers to fulfilling children’s rights if they do not hear from children about the existence and nature of those barriers. And the right to be heard applies to every
aspect of a child’s life – at home, in school, in healthcare, in play and leisure, in the media, in the courts, in local communities, and in local and national policy-making, as well as at the international level.
However, although much progress has been made in many countries, with countless positive examples of legislation, policy
and practice, it remains the case that for too many children across the world, the right to be heard remains unrealised.
Those from more marginalised groups are disproportionately denied the opportunity – for example, girls, children with disabilities, children from indigenous groups, children with undocumented parents, children
in conflict with the law, and those living
in extreme poverty.The Committee is committed to strengthening the capacity
of governments to introduce the measures necessary to implement Article 12. From its dialogue with governments, it is clear that while many are committed to meeting their obligations to promote ways of giving children a voice, they lack the knowledge, confidence or capacity to achieve that goal.
The Committee, therefore, recommends this resource guide as a major contribution to achieving change. It elaborates the General Comment developed by the Committee, providing practical help
on implementation through examples
of legislation and policy, guidelines for practitioners, evidence from research, and examples of meaningful participation in practice. It draws together experiences from around the world to enable governments
to learn from each other, build on existing developments, and broaden understanding of the scope and meaning of Article 12.
The evidence it produces demonstrates
that not only is it possible to create environments in which children can make
a significant contribution to their own and others’ lives, but that doing so brings real benefits. Sustained action across the fields outlined in the publication will serve to
