A new democratic dynamic child participation in the public sphere在公共领域中一个新的动态的孩子参与民主.docVIP

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 and 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 of 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 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 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 recent 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 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, voluntary, 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 planning, 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 promote 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 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 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 create 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 Innocenti 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, 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 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 as a tool to develop alternative channels of participation, such as the Internet-based system of consultation with children organized by a number of childrens ombudsmen. The Committee has been clear, however, that the establishment of institutional mechanisms is only a first step States parties must take to give effect to their obligations regarding child participation. Consequently, the Committee has regularly raised concerns about the quality and permanence of these structures and practices and has questioned the existence and efficacy of independent monitoring and evaluative processes. Are these institutional measures in fact promoting the genuine participation of children in democratic processes or are they simply pretexts?Children taking actionAs another means of implementing this right, the Committee has stressed that clearly defined and disadvantaged groups of children need to be encouraged and supported to form their own organizations. States parties are urged to ensure authorities with responsibility for childrens rights undertake direct and sustained contact with these groups. In fact, countless child-led organizations and networks around the world are actively dealing with major issues of concern including street and working children, violence and disaster prevention, child-headed households, particularly in the context of HIV and AIDS, and childrens political participation. Many employ participatory methodologies and use diverse forms of media and information technology, as well as creative activities to raise awareness about childrens rights. But are these organizations listened to and taken seriously? In some countries, childrens organizations have had difficulty meeting with authorities. In these instances, what can be done to encourage Governments to actively engage with them?Finally, children have become increasingly active at the international level, including at the General Assemblys Special Sessions on Children (1990 and 2002), at various international conferences and meetings, and as participants in the reporting process under the Convention. The Committee has consistently encouraged the direct involvement of children in this process, including through oral interventions and written submissions, and has emphasized their role in monitoring national implementation of the Committees concluding observations, and promoting ratification of all other international human rights treaties.Addressing the challengesWhile noting these and other positive examples of child participation, the Committee has reported that these activities are often inconsistent, carried out on an ad-hoc basis and impeded by harmful traditional practices, attitudes and political and economic barriers, particularly with regard to girls and among children from marginalized and disadvantaged groups. This inaction at the national level has been evident even though the experimental participation of children in official meetings has frequently been considered as relevant and enriching. Above all, the Committee has stressed that implementation of Article 12 necessitates the dismantling of the legal, political, economic, social and cultural barriers that limit childrens opportunities to be heard.Further inhibiting realization of the right of the child to be heard is the stipulation of the Convention that the views of children be weighted in accordance with their age and maturity. Uncertainty and inexperience in this area should not, however, deter States parties from taking action. In recognizing the complications raised by these assessments, particularly when children express themselves collectively, the Committee has outlined practical measures to be followed, including evaluating the capacity of a child or group of children to express their views in a reasonable and independent manner. States parties must be prepared to challenge assumptions about childrens capacities, listen to the views of children speaking collectively, and to undertake evaluations in cooperation with trained professionals on a case-by-case basis. The foundation of all of these activities must be based upon a solid rights-based framework that promotes a cu