IMPLEMENTING CHILDREN’S RIGHT TO PARTICIPATION IN AFRICA: AN EVALUATION OF THE LEGAL AND POLICY FRAMEWORKS IN SOUTH AFRICA AND CAMEROON

Research summary

Central to this study is the general accepted opinion that the lack of personal participation in decision-making processes affecting the wellbeing of a particular individual in any given community is a deep-seated threat to that individual’s human rights. Participation largely can refer to several aspects of contributing (opinion) or playing (action) a part in something. In most cases though, it involves taking part in an activity, and/or specifically to taking part in decision-making process concerning a particular activity. Generally, key to the philosophy of what exactly constitutes the right to participation of every human being, is arguably the fact that this right “lies in the core of democratic government based on the conduct of people and in conformity with the Principles” of international human rights law. Surely, this is a point all African governments agree on. In fact, the principles guiding this particular right are expressly worded in the oldest and most accepted human rights instruments. For instance, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) have both unambiguously, protected and promoted the right of “every citizen” to participate in all affairs within their communities.

Description

Specifically regarding children, both the African Charter on the Rights and Welfare of the Child (ACRWC) and the Convention on the Rights of the Child (CRC), fail to define children’s rights to participation, however, it should be noted that the word “participation” has become widely accepted as the language with which to illustrate the practice of respecting the rights of children to form and convey their opinions and for those opinions to be taken into account. Such an oversight in both the ACRWC and the CRC however does not repudiate children’s full enjoyment of this right. In fact, simply holding, “an opinion as opposed to expressing an opinion is purely an internal and personal ability uncontrollable by the state”. Implying, children’s rights to “participation” goes beyond the practice of merely “taking part” and includes the opportunity and ability to form and express views and for those views to be translated into policy or taken into account during decision-making processes. Succinctly, Lansdown, concurring with Hart, holds that participation is the process of sharing opinions that affect one’s life as well as the life of the community in which one lives.

The underlying rationale of this study is to evaluate the implementation of the right to participation as it applies to children in Africa. Specifically in the context of their right to participation in decision-making processes in two countries (South Africa and Cameroon) at four identified stages (Family, School, National Parliament and African Union) of crucial importance to their lives and development – with no age limitation. This is because both provisions articles 4(2) – ACRWC and 12 – CRC have no age limits and the Committee on the rights of the Child (CRC Committee) discourages any age limit to the implementation of this right as it refers to children. According to the Committee, a child is capable of forming a view at an early age even when the child may be unable to express those views.

Research info

Research title
IMPLEMENTING CHILDREN’S RIGHT TO PARTICIPATION IN AFRICA: AN EVALUATION OF THE LEGAL AND POLICY FRAMEWORKS IN SOUTH AFRICA AND CAMEROON

Research timeline
1.9.2013 - 1.9.2017

Keywords
Cameroon children's right to participation Children's rights Children's rights to be heard decision-making processes Human Rights International law

Region
Africa

Countries
Cameroon, Finland, South Africa

Institution
Åbo Akademi
Department of Law, Institute for Human Rights
Åbo, Finland

Head of research
Elvis Fokala

Contact information
Elvis Fokala
+358451672795
efokala@gmail.com

Record last updated
26.2.2014