الملاحظات التي أدلى بها إيفان سيمونوفيتش، مساعد الأمين العام لحقوق الإنسان، في الذكرى الخامسة والعشرين لاتفاقية حقوق الطفل: "إعطاء الأطفال صوتهم"

3 March 2014

Excellencies,
President of the Swiss Confederation,
Deputy Prime Minister and Minister of Foreign Affairs of Slovenia,
Minister for Foreign Affairs of Liechtenstein,
Ambassador of Austria,
Ladies and Gentlemen,

I am pleased to join you to celebrate the 25th Anniversary of the Convention on the Rights of the Child, a revolutionary treaty that has changed the way in which we see children. The adoption of the Convention in 1989 was a turning point in the international recognition of children’s rights. For the first time, the Convention acknowledged children as subjects, not objects in international law. It was the first legally binding instrument to take a holistic approach to the rights of the child. It covers a whole range of rights (civil, political, economic, social and cultural); and it establishes a framework of duties for different actors and recognizes all children as rights holders.

Central to the recognition of children as subjects of rights within the CRC is article 12: the right of the child to participate. This is one of the fundamental principles underlying the Convention – it is a measure of human dignity that we are able to be involved in decision-making concerning our lives, and this provision makes clear that this respect must be extended to all children. While the weight to be given to the child’s views will depend on their age and maturity, the right to express their views cannot be denied. Article 12 recognizes the potential of all children to enrich decision-making processes, share their views and prespectives and participate as actors of change.

Needless to say, participation leads to multiple benefits for the child including personal development and an enhanced capacity for citizenship and democratic engagement. It also leads to better decision-making on the part of governments, schools, courts and parents, who are thus able to come to better outcomes. Without hearing the child’s voice, it is not possible to determine his or her best interest, which surely must be a primary consideration in all decisions affecting the child. As such, Article 12 is one of the guiding principles of the Convention (jointly with those related to the best interest, non-discrimination and survival and development) and must be at the core of all actions concerning children. It is a crucial factor in ensuring that all rights of the child are respected. Decisions concerning, for example, education, health, alternative care must incorporate the voice of the child through the child’s participation.

Nevertheless, 25 years after the Convention came into force, it continues to be challenging for governments and other stakeholders to truly listen to children. Many reasons are held for excluding children from decision-making processes: that they lack competence, knowledge or judgment; that it places too great a burden on them; or that it exposes them to risk of harm.

This reasoning, however, relies on outdated notions of childhood as a time of dependency, where children were seen only as needing protection and assistance. Such a view fails to recognize that children are citizens of their societies who have a stake in what happens with their lives, their community, their nation, their world.

Children who have no voice cannot claim their rights. They cannot challenge injustice, nor can they bring about positive change. In this context, I welcome the 10th ratification of the 3rd Optional Protocol to the Convention on the Rights of the Child, which will enter into force next month, as a concrete step in giving children a voice, by being able to present complaints to the Committee on the Rights of the Child. The entering into force of the 3rd Optional Protocol is a major step towards the protection of children’s rights.

I also acknowledge and welcome that the Human Rights Council, in its annual day of discussion on children’s rights, has always taken into consideration the views of children through direct representation in the annual day, as well as through a variety of audiovisual means.

It is time that we hear the voice of the child. This does not necessarily mean that children’s views should always be followed. But it does mean that they can never be ignored.

I wish the panelists a successful debate. Thank you very much.