The UN Convention of the Rights of the Child (UNCRC) Articles 3 and 12 give groups of children a right to be included in decisions that concern them and that their views are given due weight in decision-making.
The Committee on the Rights of the Child has established that there is no doubt that the best interests of children as a defined group have to be established in the same way as when weighing individual interests.
When the interests of a large number of children are at stake, Government institutions must find ways to hear the views of a representative sample of children and give due consideration to their opinions when planning measures or making legislative decisions which directly or indirectly concern the group, in order to ensure that all categories of children are covered. (General comment No 14.)
The rights in the The Convention on the Rights of the Child belong to children, and the obligations to the state. It is the Committee on the Rights of the Child that supervises how states implement and follow up on the UNCRC. In their General comments they have stated clearly that an assessment of a child’s best interests (art. 3) must include respect for the child’s right to express his or her views freely and due weight given to said views in all matters affecting the child (art 12).
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration
1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child
The obligation to ensure that children are heard and that their views are given due weight in all decisions affecting them applies to all Government and State agencies, State-funded organisations and other sectors that work with children and young people.
Under articles 3 and 12, States, local authorities and sectors that work with children have a duty to ensure that both individual children and groups of children under 18 years of age are given a say in all matters that concern them. Their views should be considered and given due weight. This has to be documented openly.
When a decision is to be made that concerns children, it must be based on the experiences and views of groups of children under the age of 18 who will be affected by the decision. This is because the Convention on the Rights of the Child applies only to children under the age of 18. However, there is no lower age limit for when a child has the right to express their views freely, and the same applies to groups of children.
The committee states that “article 12 imposes no age limit on the right of the child to express her or his views (…) it is not necessary that the child has comprehensive knowledge of all aspects of the matter affecting her or him, but that she or he has sufficient understanding to be capable of appropriately forming her or his own views on the matter” (General comment no. 12 para 21).
The children who share their views have to be affected by the decision because it is the children that the decision will “concern” that have the right to express their views on “matters affecting them”. The Committee on the Rights of the child states that “the emphasis on “matters that affect them” in article 12 (1) implies the ascertainment of the views of particular groups of children on particular issues – for example children who have experience of the juvenile justice system on proposals for law reform in that area, or adopted children and children in adoptive families on adoption law and policy.”
An essential part in securing children’s rights under UNCRC Art. 3 and 12 is ensuring that children’s views and input are an ongoing part of the process of making decisions. The Committee on the Rights of the child describe that the concept of participation emphasises that including children should not only be a momentary act, but the starting point for an intense exchange between children and adults on the development of policies, programmes and measures in all relevant contexts of children’s lives. (General comment no. 12 para 13). That is why it will not be sufficient to, for example, only hear from children at the end of a decision-making process in order to secure art. 12. Groups og children have to be consulted at an early stage in order for them to be included in decision-making processes in accordance with their rights in Art. 3 and 12.
To assess whether decisions are in the best interests of a group of affected children, their views must be given due weight in the assessment in line with UNCRC Art. 3 and 12. The Committee on the Rights of the Child provides the following justification for this: “Any decision concerning the child or children must be motivated, justified and explained. The motivation should state all the factual circumstances regarding the child explicitly, what elements have been found relevant in the best-interests assessment, the content of the elements in the individual case, and how they have been weighted to determine the child’s best interests. If the decision differs from the views of the child, the reason for that should be clearly stated. It is not sufficient to state in general terms that other considerations override the best interests of the child; all considerations must be explicitly specified in relation to the case at hand, and the reason why they carry greater weight in the particular case must be explained.” (General comment no. 14 para 97).
The Committee also emphasises how decision-making processes must hold those responsible accountable and that commitment to follow-up and evaluation is essential. That in any research or consultative process, children must be informed as to how their views have been interpreted and used and, where necessary, provided with the opportunity to challenge and influence the analysis of the findings. Children are also entitled to be provided with clear feedback on how their participation has influenced any outcomes. Wherever appropriate, children should be given the opportunity to participate in follow-up processes or activities. Monitoring and evaluation of children’s participation needs to be undertaken, where possible, with children themselves.
The Committee on the Rights of the Child has written General Comments where they make recommendations on how to interpret and apply the Convention. Here they describe the duty authorities have to include children as a group in in decisions:
We welcome contributions that can strengthen how children are involved in decision-making.
This can include frameworks, guidance, tools, research, reports, or examples of practice.
If you are working on something relevant – or know of something that should be included – we would like to hear from you.
All submissions are reviewed before being published.
Please ensure that what you share is respectful and that you have permission to share any content, especially when it involves children.
