Harmful traditional practices, (male circumcision - Electronic Thesis ...

1.5 THE RIGHT TO RESPECT FOR THE VIEWS OF THE CHILD
39
The CRC is explicit about listening to the views of the child. Elements of
participation can be found throughout the provisions enumerated in the CRC. 122
This is why children’s right to participation is considered to be a ‘cluster of
rights’. 123 Their right to participation is spelled out in Articles 12 through 15 and
contains the right to freedom of thought, conscience and religion, freedom of
association and freedom of expression. 124 Article 12, which is the provision in
the CRC that guarantees the protection of the right to respect the views of the
child, is stated as follows:
1. “ States parties shall assure to the child who is capable of forming his or her own
views the right to express those views freely in all matters affecting the child, the views
of the child being given due weight in accordance with the age and maturity of the
child.” 125
In addition, Article 17, which contains the right of access to information as well
as Article 31 which states that governments should promote the rights of
children to participate fully in cultural and artistic life should be included in this
‘cluster of rights.’ 126 This right can therefore be seen as a general principle of
‘fundamental importance’ to the implementation of all aspects of the CRC. 127
stated that a new curriculum had been designed for initiation schools. This curriculum would
serve as a handbook aimed at saving the lives of the initiates.
122 Ang F et al, “Participation Rights in the UN Convention on the Rights of the Child,” in
Participation Rights of Children, Intersentia, 2006 at p 9.
123 Ibid.
124 Auriat N, Miljeteig P and Chalwa L, “Identifying Best Practices in Children’s Participation” at p
2. Available online at http://www.unesco.org/most/pla42-intro.htm. Accessed on 24 October
2006.
125 Melander G, Alfredsson G & Holstrom L, “The Raoul Wallenberg Institute Compilation of
Human Rights Instruments”, second revised edition, Martinus Nijhoff Publishers, at 265.
126 See fn 97 above at p 2.
127 Author unknown, “Promoting Children’s Meaningful and Ethical Participation in the UN Global
Study on Violence against Children” – A short guide for members of the NGO Advisory Panel and
others, September 2003, Save the Children at p 7. Available online at