From global climate strikes, to the Black Lives Matter movement, to the protests in Hong Kong, Thailand, and Myanmar, young people are at the forefront of the fight for a fairer and safer world. Although the context may differ between countries and continents, young people are fighting against corruption and inequality, for better social services, and employment opportunities.
The involvement of children in protests has evoked mixed feelings and has caused debate over the benefits and negatives of involving children and young people in protests - whether they are mature enough to engage in discussions of legislation, regulations, and policies and whether they should be allowed to participate when protests can exacerbate and cause harmful effects on children such as arrests, injuries, and violence.
In light of these conversations, it is the right time to revisit some of the principles of children's rights to participation, which are enshrined in the Convention on the Rights of the Child (CRC).
THE RIGHT TO BE HEARD
For many years, children's rights have encompassed the entitlement of socio-economic rights, such as education, health, and development, as well as the rights to protection - from abuse, violence and neglect. While these rights provide a fundamental basis for a favourable environment for the development of a child, the other dimension of children's rights, the right to be heard, has only gained larger recognition more recently, when the CRC recognized the rights of the child to participation.
The recognition of children as subjects of rights is expressed explicitly and implicitly in the Convention. Notably, article 12 of CRC guarantees the right of children to be listened to and their views taken seriously. The core of article 12 involves a deep reconsideration of the role of children and their relationship with adults. It requires a greater recognition of the values of experience and views of children as well as the responsibilities of adults in respecting their rights, by helping them articulate their views and developing strategies for change.
Other provisions include the right to freedom of expression (article 13), the right to freedom of conscience, thought and religion (article 14), the right to freedom of association (article 15), the right to privacy (article 16), the right to information (article 17) and the right to education that promotes respect for human rights and democracy (article 29).
ARE CHILDREN TOO YOUNG TO UNDERSTAND?
Many assume that children lack the competence or experience to participate, as traditional beliefs or socio-cultural attitudes prevent children and young people from speaking up in front of adults (parents, teachers, community elders, government officials) and engaging in political processes affecting them.
The Convention, however, recognizes the evolving capacities of children and young people in understanding and experiencing issues affecting them (article 5). It acknowledges the rights of children in expressing views and opinions in different settings at both individual level (such as decisions of where to live after parental divorce) and national level (such as policies on education, health, and employment). It does not set a lower age limit of the age of participation. Instead, it requires the government, community, schools, and families to use age and culturally appropriate methods adapted to their developmental stage, such as drawings, signing and languages in their mother tongue to ensure all children have the right to express their feelings and opinions.
As evidence has shown, children’s experience provides valuable contribution to policies and regulations by breaking assumptions of adults and lead to better decisions.
THE SAFETY OF CHILDREN IN PROTESTS
The main concern for children participating in protests is their safety, as exercising their rights to peaceful assembly and association in different socio-political contexts can incur risks to children. In Pakistan, 15-year-old Malala was shot in the head by the Taliban as a result of her campaign for the rights of girls to go to school. In Hong Kong, at least 750 people arrested, nearly a third of the total, were under 18 during the protest against the anti-extradition law.
Still, responsibility lies with the government. According to the U.N. Special Rapporteur on the rights to freedom of peaceful assembly and of association, peaceful assembly and association is recognized as an alternative to violent acts and armed conflicts and therefore should be protected and promoted as a peaceful means to direct governments’ attention to social issues. While the government needs to ensure children’s rights to participation are protected, it does not shirk its duties of recognizing children’s vulnerabilities in that situation. The government needs to ensure the safety of children in protests, refrain from violence on children and provide full realisation of participation.
LESSONS FROM THE WORLD’S PROTESTS
As the statement by Henrietta Fore, executive director of UNICEF sets out; “please protect children from violence and respect their right to speak up and be heard. Give them opportunities to meaningfully voice their concerns and participate in matters that affect their futures. Listen to them and respond in a principled, constructive and supportive way”.
The world's protests should remind adults that they should stop ignoring the voices of young generation and start recognizing the capacity and experience of children and young people before they have to risk their life for change. Politicians, policy makers, and high level officials need to talk about young people – their experience, their needs and their desires. After all, the future belongs to the young generation and they have every rights to be angry at the generation that fails them.
Candice is currently a UN volunteer working for child’s rights in Viet Nam. She is working on adolescents’ participation and development and committed to work with young people to create a fairer and better world.