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The most comprehensive legal
groundwork for children’s right to participate (and children’s rights in
general) is the United Nations Convention on the Rights of the Child (UNCRC).
Article 12 of the convention is particularly important as it requires states
parties to the UNCRC to:
• guarantee to all children
capable of forming their own views, the right to express their views freely
in all matters affecting them;
• ensure that children’s
views be given due weight in accordance with their age and maturity;
• provide children with the
opportunity to be heard in judicial and administrative proceedings, either
directly or indirectly.
Other articles of the UNCRC
also guarantee participatory rights. Article 23 requires states to ensure
that children with mental or physical disabilities enjoy a full and decent
life, with “active participation in the community”. Article 5 confirms the
importance of parents’ providing guidance and direction, respecting the
child's evolving capacities, on how a child can exercise his or her rights
defined by the convention. (This particular article was tailor-made for
the CRC; many others, in particular articles such as articles 13-17 and 30,
have their origins in the International Covenant on Civil and Political
Rights.) To exercise their rights and participate in decision making,
children must know what their rights are: Article 42 requires states to take
measures to ensure that both children and parents are aware of the
principles and provisions of the convention.
Learn more and see full text of the UNCRC
on this Unicef website
Child friendly version of the UNCRC
proposed by the Scottish Commissioner for Children and Young People
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