Article 12 and young people's right to be heard
The United Nations Convention on the Rights of the Child
As well as the human rights that apply to everyone in the world, young people have other rights.
The United Nations Convention on the Rights of the Child (UNCRC) is a legally binding international agreement setting out the civil, political, economic, social, and cultural rights of every child, regardless of their race, religion, or abilities.
Under the terms of the convention, governments are required to meet children’s basic needs and help them reach their full potential. Central to this is the acknowledgement that every child has basic fundamental rights.
Fifty-four articles set out the rights of everyone under that age of 18. Forty-two of these articles are ‘substantive’ rights which set out children’s rights. The remaining twelve articles are about how adults and governments must work to make sure children can enjoy their rights.
In March 2021, the Scottish Parliament voted unanimously to incorporate the UNCRC into Scots Law, meaning Scottish Government and Scottish public bodies would be legally bound to uphold children and young people’s rights. While the Bill has since been delayed, by the Supreme Court, SYP still expect the incorporation of the UNCRC into Scots Law to the maximum extent possible soon, meaning that all ‘duty bearers’ in Scotland – including Government and public bodies – must work to respect, protect, and fulfil all the rights children and young people have under the UNCRC.
The Children and Young People Commissioner Scotland, Bruce Adamson explains why the UNCRC is so important.
Article 12 of the UNCRC
Article 12 has two key parts to consider when it comes to the policy decision-making process – the right for children and young people to share views; and the right for those views to be given due weight (or taken seriously).
General comment 12 published in 2009 explains how article 12 should be interpreted. It places the obligation on the State to:
Put in place mechanisms to gather the views of children and young people
To give 'due weight' to that view
The only way to ensure this right is protected, respected, and fulfilled, is for decision-makers to practice the meaningful participation of young people in their decision-making process.
In this video, some MSYPs from The Right Way project explain what Article 12 of the UNCRC means to them.
Meaningful Participation
There have been numerous attempts to model what meaningful youth participation looks like. The MSYPs in The Right Way project thought that the Lundy Model of Participation best summarised the key elements required for meaningful youth participation.
The Lundy Model is based on the legal text of Article 12 of the UNCRC, which is separated into two key parts:
1. The right to express views
2. The right to have those views given due weight
These are then split into four related but distinct elements, all required for meaningful youth participation. The elements are:
Space
Voice
Audience
Influence.
Professor Laura Lundy, author of The Lundy Model of Participation explains how it works in practice in this interview with Ellie Craig MSYP for the online UNCRC training.
