UN Convention on the Rights of the Child: Article 12 and General Comment 12
Every child who can form a view has the right to express it freely in all matters that affect them, and to have it given due weight. The UN Committee's General Comment 12 explains what that takes, including nine basic requirements for any participation process. General Comment 20 (2016) applies these rights to adolescents.
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First published: Convention adopted 20 November 1989, binding on the UK since 15 January 1992; General Comment 12 (CRC/C/GC/12), issued 20 July 2009
Article 12, in four parts
- Express views freely
- In all matters that affect them
- Given due weight, by age and maturity
- Heard in proceedings that affect them
General Comment 12: nine basic requirements
- Transparent and informative
- Voluntary
- Respectful
- Relevant
- Child-friendly
- Inclusive
- Supported by training
- Safe and sensitive to risk
- Accountable
CYV summary of Article 12 (United Nations, 1989) and paragraph 134 of General Comment 12 (Committee on the Rights of the Child, 2009).
- Use it when
- Making the case that listening to young people is a duty, not a favour, or checking a process against the international baseline.
- Don't use it for
- A session plan. The requirements are conditions to meet, not a method: the Lundy model turns them into questions.
- What its authors say
- "Participation" is not a word Article 12 uses. The UN Committee adopted it for an ongoing, two-way exchange in which children learn how their views shaped the outcome, and says they should be able to challenge the result.
- The main critique
- Everything depends on adults acting, and children's views pass through adults twice: in what is selected, and in how it is interpreted. Critics also say its picture of the individual child speaking up reflects richer, Western countries and can turn into tick-box practice. (Tisdall (2012); Tisdall and Punch (2012))
- Ages, and where it applies
- Under-18s. Binding on the UK in international law; enforceable in Scotland for devolved matters since 16 July 2024, with exceptions; reflected in Welsh law through a "due regard" duty on ministers; not incorporated in Northern Ireland or England.
Original source General Comment 12 (UN Digital Library)
Go deeper Convention text (OHCHR)