70 \ Global Youth Development Index and Report 2016 Box 3.1 Youth political participation and international law The UN CRC is the most widely ratified human rights treaty in history. Nearly all states are now parties, except Somalia and the USA, whose heads of government have not yet ratified the Convention but have signed it, indicating their support. Article 12 of the treaty is widely recognised as the cornerstone of child and youth participation. Articles 13 and 15 also refer to political participation. These articles are as follows: receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. Article 12 (b) For the protection of national security or of public order (ordre public) of public health or morals. 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. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. Article 13 The child shall have the right to freedom of expression; this right shall include freedom to seek, The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or Article 15 States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. Source: UN 2007 right of children to freedom of expression, freedom of association and peaceful assembly.9 Although these articles focus on the rights of children, they are further seen as providing the legal foundation for the involvement of young people in political processes and decision making.10 beneficiaries – is increasingly becoming integral in global thinking.14 Numerous youth policies have adopted such an approach, especially in Commonwealth countries. 3.2.1  Why youth participation matters Building on the capabilities approach introduced in Chapter 1, political participation is regarded as a ‘first generation right’,11 and there have been calls to adopt a new model, framed within a legal and human rights perspective, for understanding and implementing Article 12.12 This rights-based approach emphasises that children and young people must be recognised as having the ‘right’ to participate, not just the ‘need’, and should be seen as ‘a source of strength and opportunity for local communities, rather than a “problem” to be resolved’.13 The idea of youth as partners and leaders within development – not as passive Youth participation in civic and political affairs is important in and of itself but also for the potential consequences that the involvement – or lack of it – of young people in decision making may have.15 Intrinsically, the development of young people is about providing them with the choices and capabilities necessary to build fulfilling lives.16 In order to address the barriers that constrain their opportunities, it is necessary to involve young people in decisions that directly or indirectly have an effect on their lives. The active involvement of young people in decision making can improve the lives of individuals, provide better and more

Select target paragraph3

Add to table of contents