Topic 4 The right to be heard – Article 12 UNCRC. The ‘’speak up’’ concept


Article 12 of the UNCRC or as it is more widely known, «the right to be heard»:

  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.
  2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law

‘’Speaking up’’ is far from just a cliché!

  • It is among the sources of power of treaties like the UNCRC.
  • No legislation, no rule, no jurisprudence will improve things if the culture that Article 12 UNCRC intends to establish is not cultivated day by day in the classroom, in the school yard, in the canteen, in school trips.
  • ‘’Speaking up’’ is the foundation of the establishment of an existing ecosystem of child protection to which children can address their questions, requests, complaints, even – or basically – without the consent of their parents. Which leads to the questuib ‘’who is protecting children’s rights’’?