A/HRC/40/29
potential discussed, including at the day of general discussion conducted by the Committee
on Economic, Social and Cultural Rights in October 2018.20
E.
Rights to participation and information
46.
The right to participate is a key human rights principle that plays a crucial role in the
promotion of democracy, the rule of law, social inclusion and economic development,
reducing inequalities and social conflicts. It is an essential element of a human rights-based
approach to sustainable development aimed at empowering individuals and groups and
eliminating inequalities and discrimination and a key commitment under Goal 16 and its
target 16.10.
47.
The right to public participation in decision-making is recognized under article 21 of
the Universal Declaration of Human Rights and article 25 of the International Covenant on
Civil and Political Rights (art. 25).21 Those articles lay out the key elements of the right of
citizens to participate in public affairs, including decision-making processes that affect their
lives.22
48.
Ensuring the timely and meaningful participation of various sectors of society allows
the authorities to deepen the understanding of the challenges and gaps in its existing
frameworks and instruments; identify potential impacts of policy options; develop
appropriate policies and strategies; and balance conflicting interests.
49.
Addressing inequalities requires a focus on marginalized groups and individuals in
situations of vulnerability. In this perspective, participatory policymaking, including the
adequate representation of such groups and individuals, is an important tool to hear the
voices of those communities and groups and to address their concerns when drafting laws,
policies and programmes. As organizing genuine consultations and participation may have
financial implications, appropriate budgetary provisions should be made to facilitate civil
society participation in development planning processes at both the policy and
programmatic levels (A/HRC/39/51, para. 66).
50.
In the case of Doctors for Life International v. The speaker of the National Assembly
and others, the Constitutional Court of South Africa highlighted the important question of
the role of the community in the law-making process and stated that involvement of the
community:
enhances the civic dignity of those who participate by enabling their voices to be
heard and taken account of. It promotes a spirit of democratic and pluralistic
accommodation calculated to produce laws that are likely to be widely accepted and
effective in practice. ... Participatory democracy is of special importance to those
who are relatively disempowered in a country like ours where great disparities of
wealth and influence exist.23
51.
Ensuring meaningful participation requires that people have the necessary
information in advance to form and express their views and opinions and to make informed
choices and decisions. The right to freedom of expression provided under the Universal
20
21
22
23
12
See www.ohchr.org/EN/HRBodies/CESCR/Pages/Discussion2018.aspx.
Similar provisions are also found in several other international treaties including: the International
Covenant on Economic, Social and Cultural Rights (art. 8); Convention on the Elimination of All
Forms of Discrimination against Women (arts. 7 and 8); the International Convention on the
Elimination of All Forms of Racial Discrimination (art. 5 (c)); and the Convention on the Rights of
Persons with Disabilities (arts. 4 (3), 29, 33 (3)).
For more guidance, see the guidelines for States on the effective implementation of the right to
participate in public affairs (A/HRC/39/28), which the Council, in its resolution 39/11, encouraged
Governments and others to consider in formulating policies and measures concerning equal
participation in political and public affairs.
Maritza Prada Formisano, Empowering the Poor through Human Rights Litigation: Manual (Paris,
2011, United Nations Educational, Scientific and Cultural Organization), p. 17.
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