A/HRC/27/51
Annex VI
Danish Institute of Human Rights submission on
participation93
Public participation as a human right is a process through which individuals and
groups have an opportunity to influence public decisions. This constitutes the basis of
democratic governance and a key to the promotion and protection of human rights. It is
recognized as fundamental for the legitimacy and authority of government and a crucial
element for the quality, inclusiveness and sustainability of decision making processes.
From a human rights perspective, the ability of the individual to shape their lives
and participate in the realization of human rights is inherent in human dignity. The principle
that the authority of government should be the will of the people is also widely recognized.
The right to participate is rooted in Art 25 of the International Covenant on Civil and
Political Rights, which recognizes the rights of every citizen to take part in the conduct of
public affairs, the right to vote and the right to have access to public service.
Under the provisions of the Covenant, states are required to ensure that citizens have
an effective opportunity to enjoy this right, including by initiative of the state being actively
involved in public decision-making processes (working groups, observation groups,
commissions), and to be given space to voice their opinions.
The right to participate in the conduct of public affairs is a composite right and is not
limited to or fulfilled by merely organizing periodic free elections. Additionally, the right is
equally not limited to instances where individuals participate directly in the conduct of
public affairs as members of the legislative or executive branches; or indirectly, through
freely chosen representatives. Individuals also take part in the conduct of public affairs by
exerting influence through public debate and dialogue with their representatives, or through
their capacity to organize themselves. This participation is supported by ensuring freedom
of expression (including the right to access to information), assembly and association.
Taking part in public affairs also goes beyond mere political activities. People may
seek influence in many other ways; therefore the three freedoms mentioned above are
fundamental to all public participation. The close link between these three and democratic
governance is recognized in a number of international documents.
The right to participate in public affairs has been standardized in the sphere of civil
and political rights, but details on the quality and conduct of the participatory process have
been elaborated mostly in the sphere of economic, social and cultural rights (environment,
housing, education, health etc), and in relation to certain groups requiring specific attention,
such as women, children, persons with disabilities, migrants, indigenous peoples and
persons belonging to minorities, among others.
Traditionally, human rights law has taken a somewhat narrow approach to the right
to participation, which is also reflected in the current general comment No. 25 of the
Human Rights Committee on Art 25 of the ICCPR. Under this narrow approach, the right
to participate does not imply a general right to be heard, and even participation itself is a
right which does not belong to everyone in every situation.
93
Submission for a side-event to the Human Rights Council on 11 June 2014, partly based on input
from the Independent Expert, who participated in the Copenhagen workshops in September 2013 and
March 2014.
35
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