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United Nations
One of the most contested arenas of children’s right to be heard is in politics. In practice, children are still considered as evolving in competence and maturity and therefore incapable of exercising many civil rights, such as that of freedom of thought and expression. Nevertheless, these rights are incorporated into the UN Convention on the Rights of the Child.

Indeed, in guidelines for States Parties reporting on the Convention, the Committee on the Rights of the Child requests information on measures taken to ensure that the civil rights “are recognised by law specifically in relation to children”, and on how they are implemented in practice. The Committee has encouraged the implementation of Article 12 on children’s right to participation at all levels of policy-making, including within government (UNICEF: Implementation Handbook for the Convention on the Rights of the Child, p. 170)
 
The UN Convention on the Rights of the Child, in Article 13, asserts children’s right to freedom of expression. This article is closely related to Article 12 on children’s right to express themselves freely in all matters affecting them, with due weight given to the child’s age and maturity. These Articles must also be considered in the light of the following Articles: Article 14 on the child’s right to freedom of though and conscience, Article 15 on the child’s right to freedom of association and peaceful assembly, and Article 17 on the child’s right to receive appropriate information.
 
Further information

• Universal Declaration of Human Rights, Article 19
• International Covenant on Civil and Political Rights, Article 19
  
  

African Union
The African Charter on the Rights and Welfare of the Child requires States Parties to ensure children’s right to freedom of expression in Article 7. Article 9 asserts the child’s right to freedom of thought, conscience and religion, stipulating the corresponding duty of parents and guardians to provide guidance and direction and says that States Parties have a duty to respect this guidance subject to national laws. The African Charter on Human and People’s Rights, in Article 13, states that every citizen has the right to participate freely in the government of his or her country directly or through elected representatives.

Inter-American System
The American Convention, in Article 13, requires States to respect everyone’s right to freedom of thought and expression with certain restrictions to protect national security, public order, or public health or morals, and which censor propaganda for war and any advocacy of national, racial, and religious hatred.
 
In addition, there is a Protocol to the American Convention, the Declaration of Principles on Freedom of Expression, which further details these rights.


Council of Europe
Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms states that “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions”
 
The European Convention on the Exercise of Children’s Rights stresses the importance of children’s right to express themselves and have their opinions given due weight, but focuses on family proceedings. 

Case Studies

• Children's right to political participation: case studies and resources

Refer to CRIN's page on Children used for political purposes

Previous Publication (general) items

• 08/09/2006: Información para las ONG acerca de las elecciones para designar a los miembros del Comité de los Derechos del Niño
• 08/09/2006: Children's right to access information: case studies and resources
• 08/09/2006: Gender and Child Protection Policies: Where do UNHCR's partners stand?
• 08/09/2006: Let our Children Teach us! A Review of the Role of Education and Knowledge in Disaster Risk Reduction
• 08/09/2006: Draft timetable for HRC session 2 (revised) and list of reports

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Last updated 15/12/2006 06:27:49

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.