the nature and scope of article 12 of the un convention … and scope of article 12 of the crc the...

The Nature and Scope of Article 12 of the UN Convention on the Rights of the Child 1989 and the

Extent to which it has been implemented under International

Law

Dr. Aisling ParkesDr. Aisling Parkes11stst November 2007November 2007St. Stephen’s Green HotelSt. Stephen’s Green Hotel

•• Nature and Scope of Article 12 of the Nature and Scope of Article 12 of the CRC CRC

The Extent of Implementation under The Extent of Implementation under International Law International Law

Including Obstacles to Including Obstacles to Implementation Implementation

Guidance for Effective ImplementationGuidance for Effective Implementation

Thursday, 1st November 2007

Research Aims and Objectives

• Most highly ratified UN Treaty: 193 Countries

• Four General Principles:

1) Non Discrimination (Article 2)

2) Best Interests Principle (Article 3)

3) Right to life, survival and development (Article 6)

4) Right of the Child to be Heard (Article 12)


UN Convention on the Rights of the Child 1989

States Parties shall assure to the child who is States Parties shall assure to the child who is capable of capable of forming his or her own viewsforming his or her own views the right to express those the right to express those views views freelyfreely in in all mattersall matters affecting the child, the views affecting the child, the views of the child being given of the child being given due weightdue weight in accordance with in accordance with the the age and maturityage and maturity of the child.of the child.

For this purpose, the child shall in particular, be For this purpose, the child shall in particular, be provided with the opportunity to be heard in provided with the opportunity to be heard in all all judicial and administrative proceedingsjudicial and administrative proceedings affecting the affecting the child, child, either directly, oreither directly, or through a through a representative or an representative or an appropriate bodyappropriate body, in a manner consistent with the , in a manner consistent with the procedural rules of national law.procedural rules of national law.


Article 12: What does it say?

All Children All Children CapableCapable of Forming Views of Forming Views

InformingInforming Children as to the Decision Being MadeChildren as to the Decision Being Made

VoluntaryVoluntary ParticipationParticipation

‘All Matters’‘All Matters’ affecting the childaffecting the child:: Avenues for Avenues for Participation Participation

Dual CriteriaDual Criteria: Age and Maturity: Age and Maturity

Due WeightDue Weight for Viewsfor Views

Article 12(2): Article 12(2): Direct Direct or or IndirectIndirect Participation in Participation in DecisionDecision--Making Making


Nature and Scope of Article 12

FamilyFamily

Family Law ProceedingsFamily Law Proceedings

EducationEducation

Youth JusticeYouth Justice

Community, National and International Community, National and International LevelLevel


Extent of Implementation under International Law

‘… how free time or pocket money was spent, ‘… how free time or pocket money was spent, what time children had to go to bed, deciding what time children had to go to bed, deciding what what programmesprogrammes to watch on television (it to watch on television (it was invariably an adult who had control of was invariably an adult who had control of the remote control) and involvement on the remote control) and involvement on household chores (including babysitting)’.household chores (including babysitting)’.

(Kilkelly U. et al., Children’s Rights in Northern Ireland (Belfast: NICCY, 2005) )


‘…this is not a baby, but a child with a will of his own which he is capable of expressing, indeed … [a child of three or four] does not have the same powers of consideration as an adult. Sometimes the wishes of a small boy do not reflect his best interests. However, a child is not an object to be handed from one person to another without consideration of his wishes. The child has an opinion, which needs to be taken into consideration’.

(Initial State Party Report: Israel, UN Doc.CRC/C/8/Add.44, para(Initial State Party Report: Israel, UN Doc.CRC/C/8/Add.44, para.557, 27/02/2002).557, 27/02/2002)


Traditional practices and beliefs

Best Interests principle

Reservations and Declarations

Adoption of Age Limits


The Reality: Obstacles to the Implementation of Article 12

More detailed Committee Statements

Legislative provision for Child Representation

Training, Education and Awareness- raising

Implementation and Enforcement


Opening the Door to Article 12: Guidance for Implementation

Formal Committee Statement

Constitutional and Legislative Law Reform

Training and Education


Conclusions and Recommendations

Thank You

the nature and scope of article 12 of the un convention … and scope of article 12 of the crc the...

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