CRC/C/GC/19
D.
Right to be heard (art. 12)
52.
Article 12 of the Convention establishes the right of every child to freely express his
or her views in all matters affecting him or her, and for those views to be given due weight
in accordance with the child’s age and maturity. 16 States parties should regularly hear
children’s views on budget decisions that affect them, through mechanisms for the
meaningful participation of children at the national and subnational levels. Participants in
those mechanisms should be able to contribute freely and without fear of repression or
ridicule and States parties should provide feedback to those who participated. In particular,
States parties should consult with children who face difficulties in making themselves heard,
including children in vulnerable situations.
53.
The Committee recalls that “investment in the realization of the child’s right to be
heard in all matters of concern to her or him and for her or his views to be given due
consideration, is a clear and immediate legal obligation of States parties under the
Convention … It also requires a commitment to resources and training.”17 This underlines
the responsibility of States parties to ensure that there is funding to achieve the meaningful
participation of children in all decisions affecting them. It recognizes the important role
played by officials of the executive, independent ombudspersons for children, educational
institutions, the media, civil society organizations, including children’s organizations, and
legislatures in assuring children’s participation in relation to public budgets.
54.
The Committee recognizes that budget transparency is a prerequisite for meaningful
participation. Transparency means ensuring that user-friendly information is made publicly
available in a timely manner in relation to the planning, enactment, execution and follow-up
of budgets. This includes both quantitative budget data and relevant information about
legislation, policies, programmes, the budget process timetable, motivation for spending
priorities and decisions, outputs, outcomes and service delivery information. The
Committee underlines the need for States parties to budget for and provide contextually
appropriate materials, mechanisms and institutions to enable meaningful participation. 18
55.
To enable meaningful participation in the budget process, the Committee stresses the
importance of ensuring that States parties have in place legislation and policies for freedom
of information that include, or at a minimum do not exclude, children and child rights
advocates from the right to access key budgetary documents such as pre-budget statements,
budget proposals, enacted budgets, midterm reports, in-year reports and audit reports.
56.
The Committee recognizes that a number of States have experience in engaging
children in meaningful participation in different parts of the budget process. It encourages
States parties to share such experiences and identify good practices that are appropriate to
their contexts.
IV. Principles of public budgeting for children’s rights
57.
As established in section II above, the Committee underlines the fact that States
parties are obliged to take measures within their budget processes to generate revenue and
manage expenditures in a way that is sufficient to realize the rights of the child. The
Committee recognizes that there are many ways to achieve sufficient resources for realizing
children’s rights, including taking into account the general principles of the Convention and
the budget principles of effectiveness, efficiency, equity, transparency and sustainability.
16
17
18
GE.16-12638
See also general comment No. 12 (2009) on the right of the child to be heard (2009).
See general comment No. 12, para. 135.
See article 13 (1) of the Convention.
13