A/HRC/30/26
that bring together representatives of public administration, local governments, the nongovernmental sector and academia. In Estonia, ministries must include representatives of
civil society organizations in the preparation of decisions, draft laws and development
plans. Croatia recently used a highly participatory consultation process to develop a
strategy for the creation of an enabling environment for civil society, and included key
stakeholders from the earliest stages of the consultations so that interested groups could
submit comments and proposals. Various methods of inclusion were used, from facilitated
meetings and working groups to electronic consultations and surveys.56
43.
Participation shows best results when meaningful decisions, including those on
resource allocation, are tabled for consideration and discussion. The Constitution of the
Dominican Republic foresees an approbatory referendum for future constitutional
amendments that concern fundamental rights. In Germany, some federal states have
engaged in a broad and inclusive process to ensure that citizens participate in public sector
reform, while several cities have introduced participatory budgeting. Poland reported that it
had introduced participatory budgeting at the municipal level. Residents are invited to vote
on projects and those which receive the highest number of votes are selected. In Greece,
municipalities and regions may establish committees composed of civil society
representatives, which are then consulted by local government before it draws up the
budget and social policy measures.
44.
Participation mechanisms are most effective when they are premised on
empowerment and aimed at building the capacity, social capital, confidence, rights
awareness and knowledge of individuals.57 This includes strengthening skills and capacity
of the public and of officials, and devoting resources to long-term, sustainable participatory
mechanisms. Several States, such as Estonia, have adopted manuals for public institutions
to initiate or strengthen participatory practices in the preparation of draft laws, policies and
development plans.
45.
It is equally important that the right to participation be enforceable by law and that
the denial of participation be open to challenge through the courts at low cost. The Austrian
Ombudsman Board guarantees legal assistance for all individuals, free of charge and by
phone, e-mail or through the electronic complaint form on the institution’s website. The
Czech Republic offers a system of free or low-cost legal assistance to victims of
discrimination and other human rights violations.
C.
Right to equal access to public service
46.
Several States reported treating all persons in an equal manner based on the principle
of open competition for entering public service. However, open competition alone, in
situations of deep-rooted structural inequality, may in fact constitute discrimination. In that
regard, the Committee on the Elimination of Racial Discrimination stated that to treat in an
equal manner persons or groups whose situations are objectively different will constitute
discrimination in effect, as will the unequal treatment of persons whose situations are
objectively the same.58
56
57
58
12
Tina Divjak and Goran Forbici, Public participation in decision-making process: international
analysis of the legal framework with a collection of good practices (Ljubljana, December 2014),
p. 60.
A/HRC/23/36, para. 71.
See Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009)
on the meaning and scope of special measures in the International Convention on the Elimination of
All Forms of Racial Discrimination, para. 8.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents