Article 12, United Nations Convention on the Rights of the Child

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What is Article 12 of the United Nations Convention on the Rights of the Child?

One of the most important Articles (rights) of the Convention on the Rights of the Child is Article 12, the right for a child’s views to be respected, listened to and taken seriously when decisions are being made about the child.

Article 12 of the Convention on the Rights of the Child says:

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.

Essentially this means that children have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account.

This doesn’t mean that adults have to do what the child wants, but they have to take the child’s views and opinions seriously and can’t dismiss them just because they are a child.

A child has the right to be respected, listened to and taken seriously by not only their parents or caregivers but by any adult who is making a decision about the child. This includes support workers, Magistrates, Judges or government departments.

What can I do if my rights have been broken?

If you live in Australia and feel that your rights have been broken or violated, it’s important that you ask for help. Speak to an adult you trust which could be your parents, caregiver, family, teacher or friend.

You can also contact us for free, confidential legal advice.

Want to find out more?

You can read more about child rights here.