A/HRC/23/36
participating means leaving our isolation, breaking our silence and overcoming our fear…
Before I was afraid, but now I’m strong, not humbled”. 11 It can also provide people living
in poverty with the chance to speak out against and challenge injustice, discrimination and
stigma. It can give them confidence in dealing with government officials and bureaucracy.
Indeed, exercising their right to participation can be a springboard to fully claiming other
rights.
23.
Ultimately, the enjoyment of the right to participation can benefit society as a whole,
building trust and solidarity, creating better social cohesion and contributing to more
inclusive and pluralistic societies, and bringing new issues and voices into the public arena.
24.
There is no doubt that initiating and sustaining meaningful and effective
participatory processes requires time, patience, resources and planning. However, it is not a
simple policy option that policymakers can choose not to implement. States (all branches at
the local, national and international levels) have a legal obligation to implement inclusive,
meaningful and non-discriminatory participatory processes and mechanisms, and to engage
constructively with the outcomes. With political will, all States are in a position to improve
the enjoyment of this right. The practices of some States, United Nations agencies and civil
society organizations has shown that it is possible for States to create or support
participatory mechanisms that succeed in empowering disadvantaged members of the
public and improving policy. Experience shows that the benefits and opportunities
outweigh the risks and challenges.
IV. Normative framework
25.
The international human rights framework affirms the right to take part in the
conduct of public affairs and the right of those affected by key decisions to participate in
the relevant decision-making processes. The right to participation is enshrined in numerous
international human rights instruments, including the Universal Declaration of Human
Rights (arts. 21 and 27), the International Covenant on Civil and Political Rights (art. 25),
the International Covenant on Economic, Social and Cultural Rights (arts. 13.1 and 15.1),
the Convention on the Elimination of All Forms of Discrimination Against Women (arts. 7,
8, 13(c) and 14.2), the International Convention on Elimination of All Forms of Racial
Discrimination (art. 5(e)(vi)), the Convention on the Rights of the Child (arts. 12 and 31),
the Convention on the Rights of Persons with Disabilities (arts. 3(c), 4.3, 9, 29 and 30), the
International Convention on the Rights of All Migrant Workers and Members of their
Families (arts. 41 and 42.2), the United Nations Declaration on the Right to Development
(arts. 1.1, 2 and 8.2) and the United Nations Declaration on the Rights of Indigenous
Peoples (arts. 5, 18, 19 and 41).
26.
These norms have been further developed by human rights monitoring bodies, who
have emphasized that participation should be understood broadly and requires concrete
political, legal and institutional actions. Electoral participation is just one specific
expression of the right to participation (A/HRC/18/42, para. 5); although free and fair
elections are a crucial component, they are not enough to ensure that those living in poverty
enjoy the right to participation in key decisions affecting their lives (E/C.12/2001/10,
para.12). According to the Human Rights Committee, the right to participation in the
conduct of public affairs covers “all aspects of public administration, including the
formulation and implementation of policy at international, national, regional and local
levels” (CCPR/C/21/Rev.1/Add.7, para. 5). The right to participation necessitates
11
International Movement ATD Fourth World, Extreme Poverty is Violence: Breaking the Silence,
Searching for Peace, 2012, p. 60.
7
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