A/HRC/34/62
B.
Legal framework: participation and consultations in international
human rights law
31.
That persons directly affected by a State’s decision-making have the right to
participate and to be consulted is recognized in several international human rights treaties.
This includes the right to take part in the conduct of public affairs, 5 to equal participation in
cultural life6 and the right to education that shall enable all persons to participate effectively
in a free society. 7 Other treaties enshrine specific rights relating to the participation of
women and girls, 8 the participation of persons with disabilities 9 and the participation of
children and adolescents as part of their right to be heard and to have their views taken into
account.10
32.
Several United Nations human rights mechanisms have developed an authoritative
interpretation of these provisions. The Human Rights Committee has established that the
right to participation in the conduct of public affairs covers all aspects of public
administration, including the formulation and implementation of policy at the international,
national, regional and local levels. 11 The Committee on Economic, Social and Cultural
Rights also reinforced the right of individuals and groups to participate in decision-making
processes that may affect their development, stating that this must be an integral component
of any policy, programme or strategy developed in relation to the right to health and the
right to water.12 Other treaty bodies have recalled the critical importance of participation
and consultation with specific groups and individuals in legislative processes and the design
of public policies, action plans and strategies at the national, regional or local level,
including recommendations on the development of guidelines for public consultation and
participation. The Committee on the Elimination of Discrimination against Women
regularly recommends consultations with civil society for the revision of legislation relative
to discriminatory provisions that affect women and policies that concern them. 13 The
Committee on the Rights of the Child has stressed that children’s participation should not
be only a momentary act but the starting point for an intense exchange between children
and adults on the development of policies, indicating that this would require appropriate
information, adequate support and procedures for complaints, remedies or redress. 14 The
Special Rapporteur on extreme poverty and human rights has developed a human rights5
6
7
8
9
10
11
12
13
14
Universal Declaration of Human Rights (art. 21); International Covenant on Civil and Political Rights
(art. 25); International Convention on the Rights of All Migrant Workers and Members of Their
Families (arts. 41 and 4 (2)); African Charter on Human and Peoples’ Rights (art.13 (1)); American
Convention on Human Rights (art. 23 (1) (a)); Inter-American Democratic Charter (art. 2); Protocol
No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (art. 3).
Universal Declaration of Human Rights (art. 27); International Convention on the Elimination of All
Forms of Racial Discrimination (art. 5 (e) (vi)).
International Covenant on Economic, Social and Cultural Rights (arts. 13 (1) and 15 (1)).
Convention on the Elimination of All Forms of Discrimination against Women (arts. 7, 8, 13 (c) and
14 (2)); Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in
Africa (art. 9).
Convention on the Rights of Persons with Disabilities (arts. 3 (c), 4 (3), 9, 29 and 30).
Convention on the Rights of the Child (arts. 12 and 31); see also Committee on the Rights of the
Child, general comment No. 12 (2009) on the right of the child to be heard.
General comment No. 25 (1996) on participation in public affairs and the right to vote.
General comments No. 14 (2000) on the right to the highest attainable standard of health and No. 15
(2002) on the right to water.
See, e.g., concluding observations on Cameroon (CEDAW/C/CMR/CO/4-5) and Poland
(CEDAW/C/POL/CO/6).
General comment No. 12 (1999) on the right to adequate food and concluding observations on Italy
(CRC/C/ITA/CO/3-4) and India (CRC/C/IND/CO/3-4).
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents