[T]he child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the childās choice.
Article 13 is fundamental to the concept of childrenās right to be heard because it underpins the complementary ideas of holding and expressing opinions and seeking and receiving information. In contrast to Article 12, no response is required, because the emphasis is on creating a respectful environment in which children are free to express their opinions. Article 13 works together with Article 12 to establish that children possess participation rights and are entitled to exercise these rights in accordance with their evolving capacities (UN Committee on the Rights of the Child, 2009).
This right to participate is a guiding principle underpinning the Convention and has implications for each of the other rights. As a living and evolving instrument (Freeman, 2014), the Convention clearly sets the parameters for the ongoing interpretation of a childās right to participate:
The practical meaning of childrenās right to participation must be considered in each and every matter concerning children. As a fundamental right of the child, the right to participation stands on its own; it requires a clear commitment and effective actions to become a living reality and therefore is much more than a simple strategy.
(UNICEF, 2014, para 2)
A childās right to participate in its intended sense ā as a living reality ā is dependent on a clearly defined and ongoing commitment by those in positions of power and is inextricably coupled with actions that have an effect. Thus, enabling a childās right to participate involves dialogue with adults, the sharing of perspectives, empowering children with a sense of responsibility and engaging with them as citizens and actors of change (UNICEF, 2014, para 1). When children are provided with opportunities to participate, not only do they develop the skills necessary to exercise this entitlement meaningfully, but the potential also exists for childrenās views to enrich decision-making processes, resulting in better informed and more relevant outcomes. Moreover, a childās development, including confidence, communication skills, identity and sense of autonomy can be radically impacted by experiencing the right to participate, with development of competencies such as independent decision making, increasing in proportion to the opportunities that are afforded to children (Lundy et al., 2019). These benefits to children highlight that participation rights have far-reaching implications for children and must be considered more than a mere protocol or strategy.
While not mentioned specifically in the Convention, children in the early childhood stage (birth to 8 years) are holders of the full spectrum of childrenās rights, and all of the related ideas about participation apply equally to them. Given that a gap was acknowledged in the original iteration of the Convention, United Nations General Comment No. 7: Implementing Child Rights in Early Childhood (2005) was developed as a supporting document to the Convention to address the specific rights of young children and to generate a deeper understanding with regard to requirements of young children. The Comment clarifies that a young child āmust not only be regarded as a rights-holder in an abstract sense, but that the young child must also be accepted as an active participant in the routine processes of daily lifeā (UN Committee on the Rights of the Child, 2006, p. 33)
This served to hasten the shift from viewing young children as āinfantsā, which literally means unable to speak or having no voice, towards a recognition that even the youngest children have voices and are capable of forming sensible and coherent views (Alderson, 2008). In the past, young children were regarded as objects of benevolence, but the current view is far more equitable and inclusive in that a young child is considered to be āa rights-holder as is the older child and, indeed, every human beingā (UN Committee on the Rights of the Child, 2006, p. 27). Thus, the General Comment promotes young children as full actors in their own development and acknowledges the early childhood period as critical for the foundations of personality, individual talents, and mental and physical abilities (UN Committee on the Rights of the Child, 2006). General Comment 7 contributes to the implementation and realization of young childrenās participation rights by advocating that appropriate opportunities are to be actively promoted and created for young children to exercise their right to freedom of expression, thought, conscience, religion and privacy in their daily lives.