European Seminar Towards a culture of Child Participation Florence - 31 January 2008

Which vision of the UN Committee on the Rights of the Child on the Child Participation

On the bases of the Survey on the CRC Committee’s Concluding Observations on the last EU countries’ Reports commissioned by the Austrian Federal Ministry of Social Security, Generations and Consumer Protection

Indications on child participation by the CRC Committee - in the Concluding Observations (CO) addressed to the EU Member Countries and EU Candidate Countries - in the Committee documents (Draft General Comments in particular on article 12; Days of General Discussion)

To identify the issues most frequently examined by the CRC Committee To identify the points of strength and weakness in the EU Countries CRC implementation To point out the issues on which EU Countries can improve their policies of intervention Aims of the survey

Analysed issues following the structure of the CRC and the COs 1. General measures of implementation 2. General principles 3. Civil rights and freedom 4. Education 5. Family environment 6. Basic health and welfare 7. Special measures of protection

The Committee will consider adopting, as a priority, a comprehensive general comment on child participation as envisaged in the CRC (and more particularly in article 12) bearing in mind that participation includes, but is not limited to, consultation and proactive initiatives by children themselves. GP - Respect for the view of the child (article 12)

● taking appropriate measures to support the right of children to express their views; ● ensuring that schools, as well as other bodies providing services for children, establish permanent ways of consulting with children in all decisions concerning their functioning, the content of the curriculum or other activities; ● increased consideration for the creation of space, channels, structures and/or mechanisms to facilitate the expression by children of their views. ● encouraging and facilitating the creation of structures and organizations run by and for children and youth. GP - Respect for the view of the child (article 12)

Have any positive achievements been identified? (18) - the adoption of various legal and administrative measures to guarantee the respect of the view of the child (7) - the reviewing and harmonising the national legislation in order to reinforce the rights of the child to express his/her own opinions freely in all matters affecting her/him (7) the establishment of national representative authorities (5) GP - Respect for the view of the child (article 12) (22 EU member countries and 2 candidate countries)

What are the key recommendations? (24) - to provide the reinforcement of awareness raising campaigns among the public in general as well as the education and training of professionals (13) - to continue to promote within the family, schools, administrative bodies and other institutions the respect for the view of the children (11) - to adopt provisions to ensure that article 12 is fully implemented and would be applicable to courts, administrative bodies, institutions, schools, childcare centres and in family matters affecting children (8) GP - Respect for the view of the child (article 12) (22 EU member countries and 2 candidate countries)

What are the key recommendations? (24) - to take the necessary steps to promote and facilitate the meaningful participation of children in society (5) - to adopt specific legislation governing procedure in courts and administrative proceedings ensuring that children capable of forming their own views have the right to express their own views (4) GP - Respect for the view of the child (article 12) (22 EU member countries and 2 candidate countries)

Schools be child-friendly in the fullest sense of that term and that they be consistent in all respects with the dignity of the child. The participation of children in school life, the creation of school communities and student councils, peer education and peer counselling, and the involvement of children in school disciplinary proceedings should be promoted as part of the process of learning and experiencing the realization of rights. Education (articles 28, 29)

What are the key recommendations? - to ensure the implementation of the new measures taken to increase participation in pre-school education (11) - to ensure the participation of children in the initiatives aimed at reducing bullying and support the participation of children in decision-making processes concerning school life (5) Education (articles 28, 29)

What are the key recommendations? - to run public campaigns to prevent and combat all forms of child abuse, also with the participation of children (14) - to take into account children's views in any decision regarding their placement as well as promoting their active participation in the life and organization of the institutes (8) Family environment (articles 5, 10, 18, 19 39)

What are the key recommendations? - to realise policies and programmes in order to facilitate the active participation in the community of children with disabilities (2) - to promote the full participation of these children in their family life (5) - to strengthen and ensure or promote health policies and programmes to adolescents, including the provision of adequate resources, and with the full participation of adolescents (2) Health (article 23)

What are the positive achievements? - to participate Roma NGOs in the drafting and implementation of policies regarding Roma children (2) Roma Children Street children What are the key recommendations? - to inform children living on the streets of their rights and strengthen children's participation in achieving respect for them (2)

General Comment Article 12 3 rd draft July 2007 based on the Day of General Discussion on the Child's Right to be Heard held in

Objectives To elaborate the benefits associated with meaningful participation To provide a broad outline of the possible approaches to participation To establish principles and standards for effective and meaningful participation To strengthen understanding of the meaning and scope of Article 12 To highlight positive approaches in implementing Article 12

Widely held views that children lack capacities to make informed contributions to decision-making, that doing so may place them at risk and that their participation will have adverse effects on family and school life. On the contrary the Committee, on the basis of its findings, believes that participation: Contributes to personal development Leades to better decision-making and outcomes Serves to protect children Provides the basis for democratic citizenship Positive impact of participation

Achieving meaningful and effective participation (I) ‏ Potential approaches to participation The Committee is concerned to avoid tokenistic approaches which allow children to be heard, but fail to give their views due weight. a. consultative (adult-led and managed) ‏ b. collaborative (active engagement of children in any stage; shared decision making) ‏ c. child-led (children realize activities and advocate for themselves, adults facilitate) ‏

Article 12 and the CRC general principles Non discrimination (vulnerable and marginalised groups; girls) ‏ best interest of the child (balance between protection and participation) maximum survival and development (participation as a tool to stimulate the evolving capacities of the child)

Relation between art, 12 and art (civil rights and freedoms) ‏ Freedom of expression freedom of thought, conscience and religion freedom of association right to privacy access to information

Implementation of art. 12 in different settings Family Alternative care Health care Education Play and recreation Community National and local government Monitoring mechanism Civil proceedings Juvenile justice system Child protection Emergency and armed conflict

Family Ideal framework for the first democratic experience for children Article 5 recognises the rights and responsibilities of parents to provide appropriate direction and guidance to their children, but requires that this should be undertaken in a manner consistent with the evolving capacities of children, and to enable the child to exercise his or her rights Committee recommends that States Parties promote parent education programmes

Alternative care Mechanisms need to be introduced to ensure that children in alternative care, including institutions, are able to express views and be taken seriously in matters affecting their daily lives e.g. the right to information about any treatment plan e.g. well trained inspectorate to monitor compliance with the rules and regulations e.g. independent monitoring body e.g. effective mechanisms, for example, a representative council of the children in the residential care facility

Education concern for the continuing authoritarianism, discrimination and violence which characterises schooling Committee recommends: -the creation of democratic school communities in which children play a major part in key decision- making processes -ensure access to human rights education -Training of teachers at all levels

Play and recreation the right to play, embodied in Article 31, is, in many countries, overly controlled by adults The Committee urges States Parties to realise child friendly environments, accessible facilities for all children, and education for families and professionals on the importance of unstructured, voluntary and child- led activity for both boys and girls.

Community The Committee is encouraged by the positive steps taken by numerous countries in creating children’s parliaments, councils or forums at national, regional and local levels The Committee urges States Parties to establish clear guidelines on how the views presented by children in such forums are taken into account by the formal political process and policy making and ensure that children are provided with adequate responses in relation to their proposals.

Child participation is considered of key importance by the Committee (Day of General Discussion and the coming General Comment n.11; Concluding observations) The CRC takes in to consideration the child participation not only in article 12 but in many different articles. The child participation in a transversal to many rights. Conclusions (I)

Conclusions (II) ‏ Key features of quality participation i) The process of children’s participation must be transparent, honest and accountable ii) It must be relevant and voluntary iii) Environments must child-friendly and enabling iv) It must challenge existing patterns of discrimination v) Adults involved must be trained to be effective and confident vi) Children safety and protection must be promoted vii) follow up and evaluation is essential

    THANK   YOU VERY MUCH   FOR YOUR PRECIOUS   ATTENTION     