CRC/C/GC/12 page 21
younger child can demonstrate capacity to express an informed view on her or his treatment, this view is given due weight.
Physicians and health-care facilities should provide clear and accessible
information to children on their rights concerning their participation in paediatric
research and clinical trials. They have to be informed about the research, so that their
informed consent can be obtained in addition to other procedural safeguards.
States parties should also introduce measures enabling children to contribute
their views and experiences to the planning and programming of services for their health and development. Their views should be sought on all aspects of health
provision, including what services are needed, how and where they are best provided, discriminatory barriers to accessing services, quality and attitudes of health professionals, and how to promote children’s capacities to take increasing levels of responsibility for their own health and development. This information can be obtained through, inter alia, feedback systems for children using services or involved in research
and consultative processes, and can be transmitted to local or national children’s councils or parliaments to develop standards and indicators of health services that respect the rights of the child. 14
In education and school
Respect for right of the child to be heard within education is fundamental to the
realization of the right to education. The Committee notes with concern continuing authoritarianism, discrimination, disrespect and violence which characterize the reality of many schools and classrooms. Such environments are not conducive to the expression of children’s views and the due weight to be given these views.
The Committee recommends that States parties take action to build
opportunities for children to express their views and for those views to be given due
weight with regard to the following issues.
In all educational environments, including educational programmes in the early
years, the active role of children in a participatory learning environment should be promoted.15 Teaching and learning must take into account life conditions and prospects
of the children. For this reason, education authorities have to include children’s and their parents’ views in the planning of curricula and school programmes.
Human rights education can shape the motivations and behaviours of children
only when human rights are practised in the institutions in which the child learns, plays and lives together with other children and adults.16 In particular, the child’s right to be
heard is under critical scrutiny by children in these institutions, where children can observe, whether in fact due weight is given to their views as declared in the Convention.
The Committee also draws attention to its general comment No. 3 (2003) on HIV/Aids and the rights of the child, paras. 11 and 12, and its general comment No. 4 (2003) on adolescent health, para. 6. “A human rights-based approach to Education for All: A framework for the realization of children’s right to education and rights within education”, UNICEF/UNESCO (2007). Committee on the Rights of the Child, general comment No. 1 (2001) on the aims of education (art. 29, para. 1 of the Convention), (CRC/GC/2001/1).