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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