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Children as Human Rights Defenders: A Participatory Approach

Document Cited authorities 1 Cited in Related
Vincent
Date01 September 2019
Pages417-423
DOI10.3366/elr.2019.0579
Published date01 September 2019
Author
INTRODUCTION

The Scottish Government have referred to the incorporation of the United Nations Convention on the Rights of the Child (“UNCRC”) into Scots law as the “gold standard”.1 It underpins the Government's aim of Scotland becoming “the best place in the world to grow up”. In April, Nicola Sturgeon announced that the Scottish Government was committed to incorporating the UNCRC into domestic legislation by the end of the current parliament.2 Soon after this announcement, a consultation about incorporation was launched which sought the views of different stakeholders, including those of children themselves.3 However, much work has already been taking place by NGOs, academics and practitioners who have direct experience of how incorporation of the UNCRC can work, and the challenges which can arise in the process.4

This article seeks to emphasise the increasing importance of participatory rights within the UNCRC, and the role that children and young people themselves can play, for example, by exercising their own rights as human rights defenders. The article then highlights a developing theory of rights which is based upon ideas of empowerment and participation.

 THE DAY OF GENERAL DISCUSSION 2018: HUMAN RIGHTS DEFENDERS

The rights of children are being given an increasingly international platform, with the United Nations Committee on the Rights of the Child (“the Committee”) dedicating the Day of General Discussion (“DGD”) 2018 to “protecting and empowering children as human rights defenders”.5 Held every two years, the DGD is usually set aside to discuss a particular article of the convention.6 This creates an opportunity for the Committee to work alongside state parties, NGOs and children to develop recommendations intended to influence the work of member states.7

In 2018, it was proposed that the DGD be dedicated to a long-term project which would contribute to “building adults’ and children's awareness of their role as human rights defenders”.8 This high profile international event highlighted the importance that children and young people play in protecting and promoting their own rights. While the DGD allows for a wide range of groups from across the world to meet and share their differing backgrounds and experiences, collectively they all represent young people who know what their rights are and who want to promote and enforce their rights and those of other young people.9

As Kate Gilmore, the Deputy High Commissioner for Human Rights of the United Nations, said in opening the DGD, adults have failed children and young people in so many ways, and are continuing to do so. As such, she asserted, it is time that we all start to listen to children and young people.10 This failure of adults to listen to children contrasts directly with the way in which children and young people have described themselves as human rights defenders: having empathy for others, the ability to listen and understand, as well as being willing to represent the voices of minorities and to take relevant action.11

The fact that young people are becoming human rights defenders suggests several things. First, it is clear that the UNCRC, in conjunction with the UN Declaration on Human Rights Defenders 1998, is ensuring that children are aware of their rights. Never before have we had such a global movement where young...

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