I Book Review: Participation Rights of Children
| DOI | 10.1177/016934410702500214 |
| Date | 01 June 2007 |
| Published date | 01 June 2007 |
| Subject Matter | Part D: DocumentationI Book Review |
I Book Reviews
Netherlands Q uarterly of Human R ights, Vol. 25/2 (2007) 383
F. Ang, E. Berghmans, L. Cattrijsse, I. Delens-Ravier, M. Delplace, V. Staelens,
T. Vandewiele, C. Vandresse and M. Verheyde, Parti cipat ion Rig hts of Childr en,
Intersentia, Antwerpen/Ox ford, 2006, xvi and 255 p., ISBN: 978 –90–5095–56 6–9*1
e C onvention on the Rights of the Child (1989) is regarded by many as quite
revolutionary because it does not just con rm children’s rights to protection, but
covers civil and par ticipation rights as well. Part icipation is one of the so-called ‘four
P’s’: provision, prevention, protec tion and participation, the foundat ional principles
of the Convention.
As the title indicates, this book by Ang and her col leagues is devoted entirely to
the most complicated of these, par ticipation.
In his preface to the volume, David Archa rd notes how protection and participation
can be viewed as two ex tremes. On the one hand there is the v iew of children as
dependent and vulnerable a nd in need of protection, defended by what Mnookin has
termed the ‘Kiddy Savers’. On the other extreme, the ‘Kiddy Libbers’ tend to regard
children as independent actors, f ully capable of mak ing their own choices. Bot h
perspectives, as well as just about every position in between, were defended during
the dra ing process of the convention, and both perspectives eventual ly have been
included in it. Both perspec tives can even be found in Ar ticle 12, the core provision
on the right to participate, containing children’s right to respect for their views, and
to be heard and part icipate in matters concerning them, in accordance w ith their age
and maturity.
e authors of this book, all members of an interdisciplinary research network
on children’s rights, make an admirable e ort to clarif y the concept of participation
as contained in the Children’s Rights Convention. e book is composed of three
sections, an int roduction, a general part (Part I), a nd a section consisting of indiv idual
contributions devoted to the business of mak ing participat ion rights in a variet y of
area’s more concrete (Part II). It is a bit confusing that Part II starts once agai n with
chapter 1.
In the introduction, the interdisciplina ry (i.e. legal, sociological a nd pedagogic)
research project is introduced. e rst chapter of the second, general part provides
some basic information on the concept of participation rights. Par ticipation rights
are conceived as a ‘cluster of rights’, the core of which exists of Ar ticles 5, 12, 13,
14 and 15. Elements of participation rights can a lso be found in other provisions,
such as Articles 7, 17, 19 and 39. However, the authors point out that as one of the
general principles underly ing the Convention, the notion of participation is relevant
for the interpretation and implementation of all articles i ncluded in the Convention.
Participation is conceived of as both a means and an end in itself. In the latter,
instrumenta l sense participation ser ves to improve the position of the part icipating
* Marjolein va n den Brink, lecture r in law, Gender & Law, Utrecht University, the Netherl ands.
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