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Kelly Campbell and Linda Rose-Krasnor, Department of Psychology, Brock University Introduction: What Are Participation Rights? The idea that children should take part in decisions about their lives is not new. For example, when developmental psychologist Diana Baumrind first discussed her classic parenting styles in 1966, she described the (ideal) authoritative parent as one who values children’s development as autonomous and independent persons and who provides opportunities for child participation.1 What is relatively new, however, is the assertion that children have the right to have opportunities for participation. In fact, the Convention on the Rights of the Child (CRC) was the first international document on children’s rights specifically to articulate participation rights.2 The Convention describes children’s participation3 rights in articles 12 through 17. Article 12, the key article about participation rights, states that children have the right to express their views in all matters affecting them. This general right of expression is what is usually meant when people refer to children’s right to participate. However, in addition, children also have the specific rights to freedom of expression and information (article 13), freedom of thought, conscience, and religion (article 14), freedom of association and peaceful assembly (article 15), privacy (article 16), and access to media (article 17). Throughout this chapter, we will use the term participation to refer explicitly to the right of children to express their views (as described in article 12), recognizing that the form and extent of this expression will vary as a function of the characteristics 9 The Participation Rights of the Child Canada’s Track Record Kelly Campbell and Linda Rose-Krasnor 209 of the child, particular situation, and cultural context. Although we will not address them directly, we consider the principles presented in articles 13 to 17 to be necessary to support children in expressing their general participation rights. In addition to describing specific rights, the CRC also has an overall philosophical framework that consists of four principles that “influence the way each right is fulfilled and serve as a constant reference for the implementation and monitoring” of children’s rights.4 The framers of the Convention included participation as one of these guiding principles; thus, it also informs the implementation of all rights under the Convention. The framers have made a clear statement that, to be fully committed to the implementation of the CRC, a country must make extensive provisions to allow children to be heard. There are two important things to note about participation rights under the CRC. First, article 5 specifically states that children’s participation rights apply to decisions made in “all matters” that affect them. Therefore, children’s participation rights apply within various domains, including the family, schools, local communities, and national politics. Also, the right of children to participate applies at different levels. It may refer to an individual, a specific group (e.g., a classroom or community), or children as a whole.5 Second, the Convention describes children’s right to express their views; it does not say they have the right to make all decisions themselves . This is made clear in article 12, which states that the view of the child should be “given due weight in accordance with the age and maturity of the child.” That is, when decisions that affect children are being made, adults should seek their input. Even very young children should be given opportunities to participate in age-appropriate ways (in fact, there is no lower age limit provided for any of the rights in the CRC). However, the extent to which a child’s view plays a role in the final decision depends on the child’s age and maturity, with children who are more mature being given more opportunities to make decisions than less mature children. Thus, parents and other adults are to protect and guide children, but they also should provide children with gradual increases in autonomy that allow for age-appropriate opportunities to express their views and make decisions. In fact, article 5 specifically states that adults have a responsibility to provide children with guidance in exercising their rights in a manner consistent with their evolving capacities. This provision of increasingly demanding—but age-appropriate— opportunities for decision making also should contribute to children’s abilities to make good decisions in the future. This is related to Vygotsky ’s concept of the “zone of proximal development,” which refers to a 210 Kelly Campbell and Linda Rose-Krasnor [13.59.122.162] Project...

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