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
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