General Comment on Article 12 of the UN Convention on the Rights of the Child

Background

On 15th 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”. A copy of the recommendations from this Day of General Discussion can be found at http://www.ohchr.org/english/bodies/crc/discussion.htm 

Article 12 stresses 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. Article 12 is one of the four general principles of the Convention and should therefore be an integral part of the implementation of the other articles of the Convention, as well as a free standing right of the child.

Article 12 has linkages to and is explicit in several other articles, including Articles 13, 14, 15 & 17 – freedom of expression, freedom of thought, conscience and religion, freedom of association, the right to privacy and access to information respectively.

The idea behind issuing a general comment on Article 12 – and other participation articles in the Convention - stems from the increasing recognition of the importance of the child’s rights to participation, the accumulated experiences and lessons learnt by UN agencies and many leading international, regional and national child rights organizations worldwide and the recognition that there is a lack of proper guidance to Governments to support their efforts to implement Article 12 and other related participation rights of children.

How can governments support children’s participation?

This Handbook will provide guidance to governments on how to implement the General Comment and make a reality of a child’s right to be heard in practice and to have their views taken into account at all levels.

The Handbook will provide a space for drawing on the many examples of good child participation practice from around the world to show what works and why.

Please share case studies and examples of good child practice in children’s participation for this Handbook.

What are General Comments?

General comments are formal, mainly technical, documents that offer advice to governments on implementation of specific articles of the Convention.

The Committee on the Rights of the Child has issued other general comments that can be found by visiting the following external website http://www.crin.org/.

 

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