European Youth, Claim Your Rights

EUROPEAN YOUTH, CLAIM YOUR RIGHTS !

Report of the European Youth Forum Expert Group on Youth Rights

Editorial team Report of the European Youth Forum Expert Group on Youth Rights Editor in Chief

Giuseppe Porcaro

Expert Group

Mourad Mahidi (Board member responsible),

Giorgio Zecca (Secretariat support), Musa Akgul (PoT facilitator)

Members

Guan Schaiko (IFLRY), Alexia Tsouni (EBCO)

Georg Boldt / Johanna Nyman (ALLIANSSI),

Aleksandra Maldžiski (OBESSU) & Joel Arens (RDJ) Copy Editor

Giorgio Zecca

Graphic Design

Laurent Doucet

European Youth Forum 120, rue Joseph II 1000, Brussels Belgium www.youthforum.org with the support of / avec le soutien de: the European Commission/la Commission européenne the European Youth Foundation of the Council of Europe/ le Fonds européen pour la Jeunesse du Conseil de l’Europe

2013 European Youth Forum

ISSN : 2032-9938

Contents

1. The work done so far

3

1.1. An ongoing discussion inside the European Youth Forum

3

1.2. The research done by the Expert Group

4

1.3. Main findings of the survey on youth rights

9

2. Youth rights and the youth rights law

13

2.1. Working on a common understanding of the concept of youth rights

13

2.2. Sources of the international law on youth rights

15

2.3. An analysis of the existing legal tools in Europe

17

3. Towards a rights based approach to youth policy

21

3.1. What is a rights based approach ?

21

3.2. Why a rights based approach to youth policy important ?

23

4. Recommendations to the European Youth Forum and its membership

27

4.1. Internal recommendations

27

4.2. External recommendations

27

Annex 1 – Survey on youth rights

29

Annex 2 – Expert Group on Youth Rights Briefing Note

33

Annex 3 – Mapping age limits – main findings

37

European Youth, Claim your Rights !

1. The work done so far

1.1. An ongoing discussion inside the European Youth Forum

• Follow

According to the Youth Forum’s Work Plan

• Identify

2011–2012,

rights in the human rights agenda in

and stimulate the academic dis-

cussion on youth rights in Europe ;

• Link the debate on youth rights to the debate on children’s rights ; ways of mainstreaming youth

Europe ;

full realisation of the rights and

• Assist the Member Organisations of

freedoms of young people as a pre-

Forum in the internal discussion on how to

requisite to further develop and

best protect and promote youth rights.

the

build a democratic Europe with a sound social and economic model

The European Youth Forum strives for en-

at all levels, and which is able to

suring and improving the rights of young

ensure the full development of the

people and promotes a rights-based ap-

human and the social potential of

proach to youth policy. For the past four

young people.”

years the Forum has actively advocated for a Convention on the rights of young peo-

Therefore, an Expert Group on Youth Rights

ple within the Council of Europe frame-

was established in spring 2011 with a two-

work and has also brought the discussion

year mandate. The fundamental aim of the

to meetings at the United Nations level.

group was to support the Forum in promoting and implementing a rights-based ap-

The European debate on youth rights

proach to youth policy. The expected result

reached a highpoint in June 2011, when

of the Expert Group on Youth Rights was

the Parliamentary Assembly of the Council

to contribute to a coherent strategy of the

of Europe adopted Recommendation 1978

Forum on youth rights. More specifically to:

(2011) “Towards a Framework Con-vention

• Help create and develop evidence-based

on the Rights of Young People”.

arguments for youth rights ;

3

1. The work done so far

“…the Forum works towards the

1.2. The research done by the Expert Group

The recommendation states : “…it is undeniable that gaps remain when it comes to the promotion of these [youth] rights and

The Expert Group had four meetings during

between theory and practice. A

its two-year mandate : 11–12 June 2011 in

European

youth

Brussels, 22–23 October 2011 in Vienna,

create

3-4 March 2012 in Brussels, 29 June –

rights

convention

would

not

on

only

binding minimum standards for

1 July 2012 in Brussels.

Europe, but would also increase Europe. A new instrument should

What do we mean when we refer to youth rights ?

aim both to co-ordinate existing

During its first meeting, the group dis-

texts and fill lacunae with respect

cussed the concept of youth rights itself.

to specific areas not sufficiently

Based on this discussion and throughout

covered”.

its further work, the expert group refers

European Youth, Claim your Rights !

awareness of youth rights across

to the concept of youth rights as the full The view of the parliamentary assembly

enjoyment of fundamental rights and free-

has been affected by the Declaration of

doms by young people, including their ac-

the World Youth Conference on 27th August

cess to existing human rights, entailing

2010 in Guanajuato, Mexico, which recom-

where needed, the creation of new rights

mended discussing an international legal

and freedoms. This discussion will be fur-

framework that recognizes the specific

ther elaborated in chapter 2 of this report.

rights of young people.

Which youth policies ?

The next important advocacy step in this

Many effective youth policies already ex-

concern will be contributing to the Draft

ist in Europe. Some countries have better

Declaration and related implementation

policies than others — in different fields.

actions of the Ministerial Conference on

The group thought that it would be help-

Youth of the Council of Europe that will

ful to have collections of models of best-

take place in St Petersburg on 23–25th

practice from existing youth policies in

September 2012 concerning “Young peo-

Europe. Such a compilation should not be

ple’s access to rights : development of innova-

seen as exhaustive, but rather advisory.

tive youth policies”.

The National Youth Policy reviews of the Council of Europe could be good sources to look at in this regard. This could raise the awareness of successful policies and why these are successful in these specific localities.

4

Which youth rights ?

social protection ; Freedom of expression ;

The rights the group discussed more close-

Freedom of thought, conscience and reli-

ly were the ones outlined in the Forum’s re-

gion or belief, including the right of consci-

port “The state of youth rights in Europe”,

entious objection to military service ; Non-

which was published in 2010, following

discrimination and equal opportunities ;

consultation with the Forum’s member-

Juvenile justice and detention.

ship. Furthermore, additional feedbacks on a list of youth rights came out from

Chart of unrealized rights

the Survey (see below) and from the po-

The group made a first attempt to list the

litical discussion held during the Youth

unrealized rights (existing rights that are

Forum’s Council of Members in April 2012.

not implemented for young people). The

This resulted in a list of youth rights tak-

group then discussed why there has not

ing into account the following ten areas :

been sufficient action with regards to these

Mobility ; Autonomy ; Sexual and repro-

rights and finally, who are the responsible

ductive health ; Formal and non-formal

actors for the implementation of these

education ; Participation ; Employment and

rights. The following list is not exhaustive

List of Unrealised Rights Unrealised rights

Why inaction

Responsible actors/ Duty bearers

Conscientious objection to military service

Legislation, tradition, nationalism, pressure from army

Government / state

Equal access to quality education

Financial, priorities, discrimination

Local, regional, national government, EU, UN

Employment

Legislation, underrepresentation of young people in stakeholders (decision-making)

Government, state, socio-economic actors

Representation

Economic/financial, organise, attitude, lack of awareness

Political parties, cities / municipalities, young people, schools

Right to private life

Cameras, mosquito device, personal data protection

City council, police, government

Access to health care

Sexual and reproductive rights, abortion, family planning

Ministries of health and education

Juvenile Justice

Fair trial, custody under police, rehabilitation programs

Ministry of justice, society

5

1. The work done so far

and should lead to further elaboration.

Youth Rights Chart

thought, conscience and religion or belief.

The group then agreed to work on a Youth

It is also important, looking at the case law

Rights Chart, which would include :

analysed, that many of the rights exist but

• interpretation

of which rights exist by

are not accessible for young people. A fur-

looking at the European Convention on

ther elaboration on this part of our work

Human Rights and the European Social

can be found in chapter 2.

Charter, and how they apply to youth, what impact they have on the lives of young

Many of the rights outlined in the Ibero-

people

American Convention on Youth Rights and

• comparison with the state of youth rights

the African Youth Charter are not rights

in Europe — see which existing rights

specifically needed only by youth. They are

that match with the previous established

rights that should be granted to everyone

groups of rights ;

but tend to be overlooked when it comes to

European Youth, Claim your Rights !

• comparison

Ibero-American

youth. Much like the UN Convention on the

Convention on Youth Rights — how have

Elimination of All Sorts of Discrimination

the rights been argued for, in order to make

Against Women, which is similarly outlin-

them youth rights ;

ing how the rights of women should be pro-

comparison •

with

the

Youth

tected. Although they are formally covered

Charter — how have the rights been argued

by the Universal Declaration of Human

for, in order to make them youth rights ;

Rights.

• comparison

with

the

African

with the Chart of unrealised

inaction’ and ‘responsible actors’.

PACE Report Towards a Framework Convention on Youth Rights

The group continued our work during our

The group discussed the report of the

second meeting on 22 – 23 October 2011

Parliamentary Assembly of the Council of

in Vienna. The group concluded that many

Europe (PACE) and the group highlighted

of the demands from the Forum are met

that the report does not include conscien-

in some way by the European Convention

tious objection to military service, juvenile

on Human Rights and the European Social

justice and visa/mobility other than for

Charter ; only mobility was completely

academic mobility. With regard to mobility,

missing. The articles do not, however, re-

however, the convention on transnational

flect the specific focus that are relevant for

mobility for volunteers was recommended

young people, such as non-formal educa-

in the report, going further than academic

tion within education, sexual and reproduc-

mobility. The group sent further inputs to

tive health within health, internships within

the Forum. The work that has been carried

employment or conscientious objection

out by the Forum in cooperation with Elvira

to military service within the freedom of

Kovacs (rapporteur) was applauded. Three

rights and deepening of the sections ‘why

6

Experts took part in the Informal Debate

Briefing Note on Youth Rights

on Youth Rights at the Council of Europe

The group drafted a Briefing Note on Youth

in Strasbourg on 23 June 2011. The aim of

Rights to raise awareness of the debate on

the debate was to create a space for youth

youth rights and what has been happening

representatives to discuss youth rights with

on European level. The group presented

parliamentarians in the PACE. The objec-

it in plenary during the November 2011

tive was to highlight the need to view youth

COMEM in Braga. The Briefing Note includ-

policy as a transversal issue also in the

ed an introduction to the work of the Forum

PACE and not work on issues relating to

and our expert group so far, an elaboration

young people on merely a committee level.

on what youth rights are, a presentation of the existing legal European and regional instruments, and an overview of the debates

On 23 – 24 October 2011, the group met

and developments on European level. The

with researchers, institutions and youth

group concluded our Briefing Note with

representatives in Vienna for a network-

recommendations to the Forum and an

ing meeting on the state of youth rights in

outline of our next steps. You can find this

Europe. The discussions ranged from dis-

briefing note in annex 2.

cussing what youth rights actually are to defining what the group want to achieve

Survey on Youth Rights

and finally to discuss recommendations

After the November 2011 COMEM in

on how the future work on youth rights can

Braga the group elaborated a survey on

be focused. Guests from the Fundamental

youth rights and distributed it among the

Rights Agency, the Boltzman Institute for

Forum’s Member Organisations in order to

Human Rights, the Council of Europe and

gather comparable information on their un-

the Maynooth University enriched the dis-

derstanding of youth rights, their work on

cussions, which were based on the expe-

this field, the actual situation in their coun-

rience and previous work of the Forum’s

tries and their willingness to support the

membership. The Expert Group used this

Forum’s work on youth rights. The group

opportunity to gather input and insights

then analysed the input and during the

from the Forum’s Membership present at

April 2012 COMEM in Brussels the group

the networking event. The group took note

presented the main findings based on the

of the input and included this input in our

replies that the group received by 24 Youth

further work.

Forum Member Organisations in the policy commission. The main findings will be presented in part three of this chapter. The original survey questionnaire can be found in annex 1.

7

1. The work done so far

Networking Event on Youth Rights

European Youth, Claim your Rights !

Policy Commission on Youth Rights Based on the research done at this mo-

Facts and Figures Report on Age Limits in accessing youth rights in Europe

ment, the group concluded that a Policy

In order to produce a clear reporting tool

Paper on Youth Rights would be neces-

on youth rights as well as additional evi-

sary for the further work of the Forum. As

dence that can be used for advocacy work,

a consequence the group asked for a Policy

the group considered a comparative analy-

Commission during the April 2012 COMEM

sis on different legal age limits in Europe.

in Brussels. The board supported our pro-

During our third meeting the group drafted

posal. For the Policy Commission on Youth

a list of criteria to be further investigat-

Rights the group prepared a slightly up-

ed. In June 2012 the group updated the

dated briefing note and presented a list of

list of age limits and the group reached

youth rights, and the main findings of the

to the following broad areas: Sexual and

survey on youth rights. The objective of the

Reproductive Health, Educational Rights,

Policy Commission was to discuss the way

Autonomy, Political Rights and Religious

forward for the Forum with regards to youth

Rights. The main research was conducted

rights. The results of this discussion will be

by a Forum intern after a consultation of

integrated into a Youth Forum policy paper

the National Youth Councils sharing with

on youth rights.

us, the information they had. The main findings of this exercise can be found in

List of Youth Rights

annex 3.

In April 2012 the list of youth rights was during the COMEM policy commission. The

Pilot Studies on Youth Rights Violations in Europe

rights can be grouped around the following

Only two researches on youth rights viola-

broad areas : autonomy, education, partici-

tions were finalised under the pilot funds:

pation, employment and social protection,

one on Moldova and one on Greece. The

freedom of expression and information,

group had a look at these pilot studies

non-discrimination and equal opportuni-

and recommended to share the two re-

ties, freedom of thought, conscience and

searches with the Membership through the

religion or belief, including the right of con-

Forum’s website and directly to the Youth

scientious objection to military service, ju-

Employment Action consortium members.

updated on the basis of the discussions

venile justice and detention, mobility, sexual and reproductive health, right to healthy life. You can find this list as an annex to the policy paper.

8

Collaboration with the Advisory Council of the Council of Europe

Ministerial Conference on Youth of the Council of Europe

The group encouraged the Forum on work-

As important advocacy step, the group

ing on a closer relation with the new AC

gave input to the Forum’s contribution on

Advisory Council members. One of the

the Draft Declaration of the Ministerial

main results of this collaboration was the

Conference on Youth of the Council of

support given to the Advisory Council in

Europe that will take place in St Petersburg

contacting the European Court of Human

on 23–25th September 2012 concerning

Rights regarding the possibility to have a

“Young people’s access to rights : develop-

first case law compilation on young people.

ment of innovative youth policies”.

The aim of this was to gain better knowl-

Preparation of the Forum’s Policy training on Youth Rights

for investigating to what extent this tool

During our fourth meeting, the group

is used by young people, how much it is

worked on the structure of the policy train-

“youth friendly” and how it could be used

ing on youth rights, which is supposed to

more. A positive answer has been received,

take place in Helsinki on 13–15 December

the Court providing an exceptional oppor-

2012.

tunity to work further on this issue.

Collaboration with the Fundamental Rights Agency Discrimination on the basis of age, special challenges faced by youth, and the need for special protection of the rights of young people were also raised by a member of the Expert Group in the 5th Annual Meeting of the Fundamental Rights Platform on 19–20 April 2012 in Vienna. New opportunities were identified in working with the FRA, such as promoting ad hoc studies and gathering disaggregated data. The Youth Forum can always participate in the consultations launched by the FRA and send contributions and inputs to their work plan and annual report.

9

1. The work done so far

youth and on which fields, setting a basis

edge on how many cases are submitted by

1.3. Main findings of the Survey on Youth Rights

different approaches to it. Furthermore, only 29.2% of the MOs said that there are no youth rights that are not included in the European Convention on Human Rights/

The Forum’s Membership has been asked

European Social Charter, while 41.7%

to respond to the survey on youth rights.

said they don’t know. These findings show

Only 24 Member Organisations made use

the need for a common understanding

of this opportunity, to share their ideas and

of the concept of youth rights and for a

knowledge with the Expert Group. Due to

better knowledge of the European legal

the relatively low response rate and some-

instruments.

European Youth, Claim your Rights !

times ambiguous formulations of some answers, the results presented should be con-

The second section of the survey looked

sidered rather suggestive than significant.

into the youth rights in the Forum’s

However, the group would like to share

Member Organisations. The vast majority

these findings with the Forum to give a bet-

of the MOs (78.3%) said that they apply

ter understanding of the recommendations

a rights-based approach to youth policy,

the group will make later on.

while 8.7% said that they don’t understand the concept of a rights-based approach

The first section of the survey was about

to youth policy. One MO out of eight said

defining youth rights. The three main con-

that they do not promote / deal with youth

cerns of the responding organisations in

rights in their work as organisation, and as

reference to youth rights young people

many MOs said that they do not use youth

are employment, education, and democ-

rights as part of their argumentation / lob-

racy/human

bying strategy. The vast majority of the

rights/non-discrimination/

equal opportunities. Moreover, three hu-

MOs (78.3%) said they have never consid-

man rights seem to have a particular im-

ered or really used any complain mecha-

portance for young people : freedom of ex-

nism or taken legal action to ensure the hu-

pression and information, equality/equal

man rights of young people. These findings

opportunities/non-discrimination

demonstrate on the one hand the impor-

and

participation.

tance of youth rights for the work of the MOs and the wide application of a rights-

The survey made clear that the concept of

based approach to youth policy by them,

youth rights is very clear only for a minor-

and on the other hand the need for promo-

ity of the MOs (37,5%). Even though many

tion of the complain mechanisms and legal

claimed they understand the concept of

actions against the violations of the human

youth rights "more or less", an in depth

rights of young people.

analysis of the members’ descriptions of the concept showed, that there have been

10

The third section of the survey examined

violations their organisation would not be

the actual situation. About 60% of the

interested in cooperating in this (for exam-

MOs said that there are human rights that

ple by providing cases of youth rights vio-

are being denied, violated or restricted for

lations). Moreover, only 12.5% of the MOs

young people in their country, while 20%

stated young people need no preferable

said that they don’t know. Only one out

status, compared to other segments of

of ten MOs stated their country somehow

society. Only 4.3% of the MOs said that a

monitors the access to rights and free-

Convention on Youth Rights would not help

doms of young people, while 54,5% said

raising awareness, monitoring youth rights

that they don’t know. Only 8.7% of the MOs

violations and safeguarding youth rights,

said that their country explicitly recognises

while 8.7% said that they don’t know. The vast majority of the MOs (73.9%) showed

said that they don’t know. Only 30.4% of

interest in (regularly) updating the report

the MOs said they know of existing national

on the “State of youth rights in Europe”.

or European legal instruments protecting

Finally, only 4.2% of the MOs said they do

youth rights, while 21.7% said that they

not want to mainstream youth rights in

don’t know. These findings reveal on the

their work. These findings show the need

one hand the extent of the violations of the

for wider knowledge about using legal tools

human rights of young people, and on the

and procedures. On the other hand, the 24

other hand the lack of monitoring mecha-

Member Organisations participating in this

nisms and recognition of youth rights. In

survey insinuate a common position in fa-

addition, these findings highlight the need

vour of a preferable status of young peo-

for wider knowledge about monitoring, rec-

ple and a Convention on Youth Rights. The

ognition and protection of youth rights.

Member Organisations showed a willingness to cooperate for collective complaints

The fourth section of the survey was dedi-

for youth rights violations, for (regularly)

cated to future work of the Forum. The

reporting on the state of youth rights and

vast majority of the MOs (79.2%) said that

for mainstreaming youth rights in their

they have networks, contacts, partners

work.

with (other) human rights organisations on national, European or international level.

However, the majority of the MOs (62.5%) said that these contacts and partners have no experience of using legal tools or procedures (national procedures, common complaints procedures etc). Only 4.2% of the MOs said that if the Forum could lodge collective complaints for youth rights

11

1. The work done so far

one or several youth rights, while 26.1%

European Youth, Claim your Rights !

2. Youth rights and the youth rights law 2.1. What are Youth Rights ?

Fundamental Rights and Freedoms Human rights are applicable to all people and refer to their inherent rights and du-

the concept of youth rights as the full enjoy-

ties. This standard setting should ensure

ment of fundamental rights and freedoms by

that all groups have access to their rights.

young people, including their access to exist-

However there are sub-groups with difficul-

ing human rights, entailing where needed, the

ties in claiming or accessing their rights.

creation of new rights and freedoms.

This includes young people regardless of their socio-economic background as well

Inside this group of young people — as in

as women, elders, children, migrants or

the entire society — there are sub-groups

people with disabilities.

with difficulties in claiming and accessing can play a role when it comes to ensuring

Young people – a vulnerable group ?

this accessibility. In many countries, sever-

Young people can be perceived as a hetero-

al advocacy groups claim those structural

geneous group with particular needs. It is a

inequalities require positive discrimination

group that is in transition from childhood to

similar to ethnic or gender quotas. This

adulthood. This makes them more vulnerable

argumentation is also often heard by the

when it comes to claiming their rights. Young

Youth Forum Member Organisations. This

people potentially are not even the weakest

results in the understanding, that youth

group in society ; however the surrounding

rights are about equal opportunities. To

circumstances infringe their possibilities to

better understand the definition used by

carry stronger responsibilities. This includes

the Expert Group, certain concepts need

their role in creating societies future. This re-

further elaboration.

port does not further define that group by

their rights. Standard negotiated settings

putting age limits on it. Nevertheless, a political decision defining those age limits probably remains necessary.

13

2. Youth rights and the youth rights law

Throughout its work, the Group refers to

European Youth, Claim your Rights !

Accessibility of Human Rights

people, involving young people, and stem-

Accessibility refers to the absence of legal,

ming from the needs of young people. Its

political and social barriers, which inhibit

aim is to improve and develop the living,

young people in fully enjoying their rights.

learning and working conditions and par-

Awareness is one of the most important

ticipation of youth, encompassing the so-

issues with regards to youth policies and

cial, cultural, economic, and environmental

youth rights, as many young people are not

issues affecting them and other groups in

aware of what policies their states have

society. Youth policies are changeable and

adopted, thus reducing their possibili-

not permanent. They should be measura-

ties to participate in their creation, imple-

ble, aimed/targeted and their effects need

mentation or evaluation. The accessibility

to be properly evaluated. Cooperation and

of the universal Human Rights by young

dialogue are important pillars of youth

people refers to both, the legal protection

policies. Youth policies do not have to be

through universal, inherent and fundamen-

implemented by governments only, NGOs

tal human rights (a global framework) as

can also — to a certain extent — work

well as their insufficient implementation

on the implementation of youth policies.

through other legal rights and obligations

Youth policies are aimed at changing the

(a societal order).

situation of young people. Even when the group have to distinguish between the poli-

Legal framework

cies and their implementation, it is crucial

A legal framework structures the society,

to highlight the need for young people to

introduces and defines new concepts and

be actively involved in all parts of policy

encourages changes, but it cannot immedi-

— including their evaluation. Best practice

ately change the minds and habits of peo-

should be established as well as a political

ple, especially if there is no or no efficient

willingness to change.

enforcement mechanism. Not all problems problems. They can be political, economic,

Rights-based approach to youth policy

cultural, psychological or social too. In this

When it comes to the linkages between

regard, there is a gap between these prob-

youth policy and youth rights, youth rights

lems and their legal aspects. The Forum

should be a source for youth policy, the fun-

has to take this gap into account, when

damentals on which the policies are built

working with youth rights.

on. Youth rights should be defined first

young people face are normative or legal

and then be used to identify which policies

Youth Policy and a need for participation

that are needed to guarantee the access

Youth policy is a cross-sector, horizon-

cies are a way of achieving political objec-

tal and integrated policy aimed at young

tives. Policies should be the tools, but it is

of young people to their rights. Youth poli-

14

important to first need to define what you

Fundamental Freedoms. This convention is

want to achieve. A rights-based approach

the main instrument guaranteeing that the

means that policies cannot go away from

founding values of our societies, reflecting

implementing the existing rights. Rights

in principle civil and political rights, are

are both the starting point of politics and

protected. The European Court of Human

what the group needs to ensure. Rights

Rights is a supra-national court estab-

define the minimum legal standards be-

lished by that convention and hearing com-

neath which authorities cannot go in their

plaints on violations of the human rights

policies. The concept of a rights based

enshrined in the Convention and its proto-

approach will be further elaborated in

cols by contracting states.

Chapter 3.

European Social Charter

2.2. Sources of international law on youth rights

Within the Council of Europe, a second important convention, the European Social are also important to youth. Although men-

This section will give a short overview on

tioning some rights of children and young

the sources of international youth rights

people, the Charter is all too focused on

law. For additional and more elaborat-

the protection of these as opposed to their

ed information, the group refers to the

promotion. The Charter sets out human

“International Law of Youth Rights” by

rights and freedoms and establishes a su-

William D. Angel edited in 2012 by Jaakko

pervisory mechanism guaranteeing their

Weuro (Second edition). This book will be

respect by the State. The basic rights set

published soon and it could serve as a cru-

out in the Charter include housing, health,

cial source of information in order to learn

education, labour rights, employment, so-

more about the historical background and

cial and legal protection, poverty and so-

developments.

cial exclusion free movement of persons and non-discrimination, and also the rights

European Convention on Human Rights

of migrant workers and of the persons with disabilities.

Ever since the post-Second World War period, the Council of Europe has been the

Other European Sources

engine for the creation of a Europe based

Autonomy is pertinent for young people to

on the respect of human rights, peace and

lead the independent lives they are often

tolerance. The Council of Europe’s big-

expected to lead. The Revised European

gest achievement in this field has been

Charter on the Participation of Young

the adoption of the European Convention

People in Local and Regional Life adopt-

for the Protection of Human Rights and

ed by the Congress of Local and Regional

15

2. Youth rights and the youth rights law

Charter, addresses many of the rights that

participation of young people and the

Regional Conventions on Youth Rights

Agenda 2020, adopted at the Ministerial

In addition to that, two regional conven-

Conference on Youth in Kiev in 2008, gives

tions targeted young people. The Ibero-

more explicit value to the participation

American organisation of youth has writ-

of young people in policy and social life.

ten a convention on the rights of youth

In spite of these efforts made within the

that entered into force in March 2008. The

Council of Europe, there is no specific le-

convention has been ratified at the time of

gal framework encompassing all rights and

writing by seven member states of the or-

responsibilities of young people in Europe.

ganisation and ten more have signed it and

Authorities, furthers the notion of active

are in the process of ratification. There is

International Sources Furthermore,

European Youth, Claim your Rights !

Declaration

next of

to

Human

currently no effective mechanism to monithe

Universal

Rights,

tor the Convention, but ratifying States

the

are required to submit a report every two

International Covenant on Civil and Political

years to the Secretary General of the Ibero-

Rights and the International Covenant on

American Youth Organisation.

Economic, Social and Cultural Rights, the

The African Union convened a meeting in

international human rights law consists of

May 2006 at which it approved the African

the Convention on the Rights of the Child

Youth Charter. The charter has a dual pur-

and a range of other UN Conventions for

pose of allowing youth to more effectively

specific groups such as women, migrants,

assert their human rights but also to fast-

disabled persons, etc. The International

track the development and implementation

Labour Organisation agreed on several ad-

of supportive policies and programmes

ditional binding conventions regarding the

for young people. As in the Ibero-American

Labour Law. They are equally sources of the

Youth Charter, the African one lacks an ef-

International Human Rights Law and affect

ficient monitoring system.

young people too. Whenever in history a cer-

Reading the African Youth Charter and the

tain social group seemed to be marginalized

Ibero-American convention, it becomes

and neglected their human rights, this led

clear that there has not been a necessity

to the creation of a specific charter, making

to define many new youth rights. Most

states aware of their obligations to support

of the paragraphs in those texts are not

the members of a vulnerable group to ac-

specifically related to youth but are com-

cess their rights. This has i.a. been the case

mon human rights. Indeed what is impor-

for refugees (1954), women (1981), children

tant to note is that youth rights are not

(1990) or people with disabilities (2006).

specific rights needed by young people

Even those new treaties did not create new

but the need for specific protection to en-

rights nor are legally binding ; they have had

sure young people to access their rights.

a major impact on the life of that group.

However, there might be groups of rights

16

2.3. An analysis of the existing legal tools in Europe

such as those concerning students or volunteers that are not yet written down and that perhaps should be included under the collective heading of youth rights. The

The social norms and structures changed

Convention on Youth Rights (IACYR) is that

during the last decades, without signifi-

it includes some measures for monitoring ;

cantly changing the primary international

a biannual reporting structure should en-

human rights treaties. Some current ques-

sure the overview of the implementation of

tions important to young people are new or

the Convention. In the African Youth Charter

neglected phenomena and developments,

(AYC), the right to National Youth Policy

which couldn't have been included at the

stands out as a new right that doesn’t exist

moment of writing of such international

on European level, youth organisations are

treaties. However and due to the Courts,

recognised as actors, and the responsibili-

monitoring systems and commissions,

ties of young people make the document

those Conventions were able to be living

more holistic.

documents, slowly and suddenly evolving by issuing new cases before the courts.

The “target group specific” documents like

This case law clarified provisions of the

a convention for women, children, people

conventions. The international commis-

with disabilities or youth aim at defining

sions evaluating the progress reports and

mechanisms for ensuring that young peo-

analysing complaints were able to issue

ple can access their rights through imple-

some recommendations and explanatory

menting and monitoring tools. Looking at

opinions on how states should interpret

the UN Convention on the rights of people

and apply the international human rights

with disabilities, the most modern Human

law. Anyhow, the conventions have not yet

Rights treaty the group know, the group can

been able to reflect all challenges young

identify a national implementation through

people face in this further developed world.

the establishment of focal points and im-

Their protection by the Human Rights Law

plementation plans. The Monitoring is two-

is not sufficient. Some provisions of the

fold : on the one hand there is a national

treaties are not clear or do potentially con-

monitoring by the national human rights

tradict each other, i.e. Each person may be

institutes; on the other hand, the interna-

entitled to start a family and nobody may

tional monitoring is assured by a UN com-

be discriminated because of its sexual ori-

mittee. Participation of civil society organi-

entation. Nevertheless, gay marriage may

sations is assured in all aspects of policy,

be forbidden. These inconsistencies can

planning, implementation and monitoring.

be both, door-openers or barriers when it comes to youth rights.

17

2. Youth rights and the youth rights law

main advantage with the Ibero-American

European Youth, Claim your Rights !

An analysis of the meaning of the provi-

Youth autonomy

sions of the European Charter on Human

A right to housing and a right to protec-

Rights and of the European social charter

tion against poverty and social exclusion is

has been conducted in depth. The Group

included in the ESC. However, this insuffi-

also indicated several Youth Rights and —

ciently reflects the needs of young people

in coherence with the existing publications

who are willing but not capable to cover

of the European Youth Forum — grouped

the financial burdens and do not want to

them under ten thematic fields. This list —

rely on public means. The right to develop-

included as annex to the policy paper —

ment and to live in a healthy and balanced

does not claim to be exhaustive and should

environment, as described in the Ibero-

serve as a starting point for further discus-

American Charter of youth Rights (IACYR)

sions. Each of these main thematic fields

can also be supportive to the autonomy

within the framework of youth rights is ana-

of young people. Since both aspects do

lysed in the following paragraphs with par-

infringe the right to autonomy of young

ticular attention to the European Charter

people.

on Human Rights and the European social

Formal and non-formal Education

charter and the regional tools.

Equal access to quality education is an un-

Non-discrimination and equal opportunities

realised right, mainly applicable to young

Talking about non-discrimination and equal

employability of this person later on. The

opportunities, the European Charter on

main question is how the socio-economic

Human Rights finds a balance between the

situation of the parents has on the edu-

freedoms of people and their equality, mean-

cation in order to ensure equal access to

ing that the freedoms of a person do not allow

quality education. Additionally, the recog-

him or her to infringe the freedom of others.

nition and support for life long learning

This includes that the principle of non-dis-

processes is not included in the European

crimination does not automatically gives pref-

Conventions. The IACYR did so.

people with incontrovertible effects on the

erence to the traditionally discriminated parts of the society (=positive discrimination), but

Employment

simply inhibits the discrimination on the base

Employment facilitates and allows the au-

of inherent or unchangeable characteristics

tonomy of young people. Getting equal ac-

of a person. However, discrimination because

cess to the labour market is therefore im-

of age or on other grounds can be hidden by

portant. Unfortunately, discrimination on

other arguments. The other way round, prac-

the base of age is often hidden by higher

tices can be considered discriminatory be-

demands regarding experience (and oth-

cause the group does not fully understand the

ers). It is important to understand why

mechanisms behind.

youth unemployment is higher than the

18

employment of other categories and why

young people to gather new skills, due to

young workers are more exploited. Young

a discriminatory legal minimum age or

mothers for instance face additional dis-

experience of candidates. The possibility

crimination on the labour market since

to reserve the right to vote or to stand for

legislation may protect young mothers

election for people with a certain age is a

but cannot neutralise the employer’s atti-

political problem and not sufficiently linked

tude regarding the employment of young

to human rights. The mayor question, from

women.

which age on a person is capable to execute its active and passive voting right, so

Health

to say the interpretation of maturity, is a

Providing access to health care is essential

pure political question. The IACYR high-

for augmenting the wellbeing of young peo-

lights the relevance of independent and

ple and enabling them to determine their

youth-led bodies in charge of discussing

own life, especially when it comes to sexual

and defending youth issues.

ensures the right to abortion out of medi-

Freedom of expression

cal necessity, the right to disseminate and

The freedom of expression includes the

receive information about abortion and

right to think freely and critically about

the right to buy and sell contraceptives.

information that is handed to young peo-

However, sexual education in schools is not

ple, especially in the formal education. In

always as informative as it should be, since

this regard, the right to education is also

the information is biased. A right to pro-

closely linked to the freedom of expres-

tection against sexual abuse, as described

sion. Public spaces are public and nobody

in the IACYR, can be interpreted as addi-

may be hindered to use it but there are

tional tool to ensure the sexual and repro-

many examples of measures that inhibit

ductive health of youth.

young people to peacefully gather on public spaces, since their presence infringes

Participation

the rights of somebody else. This is one of

The under-representation of young people

the cases in which authorities try to ensure

in political, social, cultural and economic

that some rules are respected by everyone

decision making bodies and processes can

but in doing this they stigmatise and act

be caused by several facts. It reflects the

against a certain group of people. Another

lack of financial means, a lacking aware-

sensitive example comes form the world of

ness or a negative attitude of the institu-

internet : personal data of young people

tions on the importance of active par-

are stored and not adequately protected

ticipation of young people in politics and

because of the economic interests of the

society. Other reasons can be the structural

hosts. The internet never forget, and youth-

problems of the institutions in supporting

ful folly will probably lag forever on young

19

2. Youth rights and the youth rights law

and reproductive health. The right to life

people, infringing their rights and chances

Juvenile justice

in the future.

The case law of the European Court on hu-

European Youth, Claim your Rights !

man rights clearly demonstrate that rights

Freedom of thought, conscience and religion or belief, including the right of conscientious objection to military service

concerning juvenile justice, a fair trial,

The freedom of thought, conscience and

quality. This is very important for a later

religion or belief, including the right of

re-socialisation of the young offenders.

conscientious objection to military ser-

Sentences have to be looked upon taking

vice is clearly linked to the previous issue.

into consideration the age of the offend-

Conscientious objection to military service

er, as the length of a sentence increase

clearly affects the life of young people, since

in gravity for young people. Life impris-

only young people are obliged to fulfill mili-

onment handed to young people is purely

tary service. Even though some countries

punitive, as it completely runs counter the

released young people from the compul-

idea of re-socialisation.

custody under police and rehabilitation programs are infringed. The educational system inside prisons must be kept high

sory military service and some others allowed the alternative civilian service, some

Mobility

countries did not legalize conscientious ob-

There is no clear right to mobility included

jection to military service and/or discrimi-

in any convention. There is a lack of ac-

nated against young people who opted for

cess to mobility, which decreases the in-

doing so (mobility and employment related

formation and knowledge that young peo-

disadvantages). The current legislation in

ple can gather. Improvements have been

some states reflects a tradition of military

made with regards to mobility, but still

services in modern European history, actu-

many young people are excluded. Mobility

ally maintained because of nationalism and

for young people is mainly related to edu-

the pressure from the army and other lobby

cation, training and employment issues.

groups. In many countries, conscientious

There is a need to find more specific ex-

objectors to military service even play an

amples of what mobility rights should be

important role in supporting the social and

available for young people.

medical sector. In 2011 the European Court on Human Rights explicitly recognised the right of conscientious objection to military service. In this regard, national legislation has to be amended. However, discrimination against conscientious objectors, regarding the length of the service or financial recuperation, still seems possible.

20

3. Towards a rights based approach to youth policy 3.1. What is a rights based approach ?

thus creates duty-bearers and a controlled agreement between individuals in our society.

icy and political decisions on rights, rights

A central dynamic of a rights based ap-

agreed internationally. The basic rights are

proach is : identifying root causes to e.g.

the fundament for decision and the engine

poverty, discrimination, lack of housing or

driving the decision forward, forcing policy

marginalization ; empowering rights-hold-

to be created in order to implement the

ers to claim their rights ; forcing duty-bear-

rights given.

ers to meet their obligations.

A rights-based approach derives from the

A rights based approach takes the blame of

thought that all young people/human be-

e.g. poverty from solely the individual and

ings/women/children are entitled to a

gives a responsibility to the state to grant

standard of material and spiritual well-

that the rights are met. A rights based ap-

being. These are secured through given

proach also means lifting the specific need

rights. The political decisions taken on a

into a right. Denying to respond the need

national or international level implement

therefore means denying the human its

these rights.

right. In order to help enforcing rights, they can be monitored on a national and inter-

One of the most fundamental dynamics

national level.

of a rights based approach, is that every human being is a rights-holder and that



every human right has a corresponding duty-bearer. It is central to the rights based approach that human beings have inalienable rights and a violation of needs can so be addressed as a denial of rights. Rights trigger obligations and responsibilities, 21

3. Towards a rights based approach to youth policy

A rights-based approach means basing pol-

Duty bearers Fulfil their obligations towards rights-holders

European Youth, Claim your Rights !

Rightsholders demand their rights from dutyholders

Institutional and legal Environmental Economical / technical Social / Cultural

Change : • • • •

Changes in people's lives

22

Strengthen the accountability of duty bearers

Rights-based organisation

Support rights-holders demanding their rights

References : Figure 1. Kirkemann Boesen, J. and Martin, T. 2007 : Applying a Rights-based Approach – An Inspirational Guide for Civil Society.

Danish Institute for Human Rights.

3.2. Why is a rights based approach to youth policy important ?

equal treatment of young people all over Europe. Having a rights based approach to youth policy would mean that young people get rights realized through the policies created by the duty-bearers. Young peo-

Exercise, the youth of Europe have very dif-

ple should though be able to claim their

ferent starting points and realities when it

rights. By striving for a rights based youth

comes to rights and obligations. A rights

policy, the European Youth Forum can —

based approach to youth policy is an ap-

finally — get access to the rights ensured

proach making sure that all young people

by the European Social Charter and the

have the same starting point, the same

ECHR. Youth organizations should work

possibilities and opportunities, or gener-

for a rights based approach in order to en-

ally spoken, their rights. The same goes for

able the European youth to access their

the youth policies in European countries —

inherent rights. By striving for this, the

they are for historical reasons very different

European Youth Forum can increase the

and thus creating different possibilities,

wellbeing of young people as well as their

circumstances and lives for young people

non-discrimination.

in Europe. Giving young people in Europe the same rights would be one step in re-

However, a rights based approach has

alizing the mission of the European Youth

some weaknesses too. Having rights and

Forum, having a Europe where young peo-

basing policy on these can lead to ignor-

ple are equal citizens.

ing the specific needs of humans. Some argue that the transformation from a needs

A rights based approach to youth policy

based policy to a rights based one would

on the European level would mean youth

fail to address some specific needs of some

policy based on the rights of young peo-

(sub-)groups of young people. This critic

ple, as stated in the European Convention

is specially used towards the Universal

on Human Rights and the European Social

Human Rights on the basis that they are ex-

Charter or in other sources of the actual or

actly universal and not fulfilling the specific

future International youth rights law.

needs of some special groups of people. In this regard, the universal rights, inherent to

It can be concluded that the rights of young

every single person, may be there, but not

people, as given by the ECHR and ESC,

everybody has an equal access to them.

are not fully accessible today. The right to

This is why there has been identified a need

housing, expressed in the European Social

of Women’s Rights, Children’s Rights and

Charter, is an example of this. The different

rights for other specific groups, with spe-

age limits to participate in political elec-

cific needs, like people with migrant back-

tions can also be seen as an obstacle to the

ground or with disabilities.

23

3. Towards a rights based approach to youth policy

As seen in the Age Limits Mappings

When it comes to Youth Rights, the situa-

issues that are not covered neither by the

tion is more challenging since as opposed

ECHR and the ESC, but are playing a cen-

to the other groups listed above, there is no

tral role in the Forum’s actions and are in-

specific instrument naming, implementing,

cluded in the Forum’s list of youth rights

guaranteeing and monitoring the rights of

(for example the right to mobility).

European Youth, Claim your Rights !

young people at neither international nor European level. A rights based approach is

Another critic towards the rights based ap-

a principle of working with policy, but in

proach is that it could make the youth pol-

order for it to function, the rights that this

icy less progressive, even if a rights based

policy should ensure need to be specified

approach is progressive in itself. Once a

and agreed upon. In this way, moving from

legal system/framework identifying these

a need based youth policy to a rights based

rights exist, there remain a possibility the

youth policy would grant the same rights

youth organisations are stuck with these

for all young people, thus the same starting

and there would be a need to review the

point for every young European. To fully im-

whole system every time they want to move

plement a rights based approach to youth

forward. It is also important to remember

policy there is a need for a clear definition

that the concept of youth rights reflects all

of the rights concerning young people.

of them, not prioritizing or choosing. The Human rights system in itself should be in-

A fear of the rights based approach is that

terpreted as a developing system in itself,

it will tie the youth organizations to only

the Human rights are interlinked and mutu-

working around the rights of young peo-

ally supporting each other.

ple, or working with realizing the rights of and their accessibility by young people.

Another critic is that the rights based youth

Youth Organisations must keep in mind

policy would be very rigid, thus not re-

that a huge part of the activities they are

sponding to the needs arising from young

doing today are centered around and con-

people and that it would be difficult for the

nected to the rights of young people, even

youth organizations to influence youth pol-

they probably call it in a different way. They

icy, as it would be created on the basis of

work a lot with the freedom of assembly,

given rights. However, it has to be kept in

the right to education, the right to culture,

mind that human rights should not be seen

the right to association and the right of

as static but as dynamic, adapting to new

participation in public life, just to mention

developments in society. This also follows

some of the existing rights. Youth organiza-

the logic of the European Court of Human

tions are working on the realization of the

Rights, which — in the case of Tyrer v. UK

rights of young people, even if not always

— stated that “The Court must also recall

consciously. In addition to this, youth or-

that the Convention is a living instrument

ganisations are also already working with

which, as the Commission rightly stressed,

24

must be interpreted in the light of presentday conditions.� (Case of Tyrer v. UK, Para.

31). Thus a rights-based approach does not prevent progress, but adapts to new realities while not losing track of the underlying human rights. This would also give the youth organizations a chance to influence the definition of rights in a more focused and thus more powerful way, by joining forces in one big process, not a number of processes and institutions spread over the whole of Europe.

3. Towards a rights based approach to youth policy

A rights based approach to youth policy would mean basing policy on rights given, not on needs. This would create a Europe with a more equal starting point for its young people, not correcting inequalities and problems when they already exist, but preventing them from arising.

25

European Youth, Claim your Rights !

4. Recommendations to the European Youth Forum and its membership 4.1. Internal recommendations

(UPR) by submitting their own reports on

• Updating

the publication “The state of

The Expert Group on youth Rights recom-

youth rights in Europe” on regular basis in

mends to the European Youth Forum the

order to have an up to date data base on

following actions aimed at promoting youth

the situation of youth rights in Europe.

rights and rights based approach amongst

• Raising young people awareness of

its membership :

rights by advocating, supporting and pro-

their

moting human rights formal and non forIncreasing •

the

internal

understand-

mal education.

ing of the concept of youth rights and

4.2. External recommendations

rights-based approach (RBA) amongst the membership

• Creating

a framework enabling mem-

ber organisations to adopt a rights-based

To a certain extent youth rights are cov-

approach

ered by the already existing conventions

• Organising policy and advocacy trainings

and young people in Europe have access

on how to use the rights based approach in

to those instruments the conventions put

advocacy work on national and European

at the disposition of the people. The later

level

is true when it comes to theory ; in fact,

• Employing an ombudsperson for youth

they often lack the necessary means in or-

rights. This would sharpen advocacy work

der to enforce their rights. This existence

and generate practice in youth rights

of legal tools does not mean, there is no

violations

space for improvement left. First, the ac-

• Providing information and support for

cessibility of already existing tools should

the use of complaint mechanisms in case

be strengthened and facilitated by (youth)

of violation of the rights of young people

organisations. In our view the Forum can

• Informing and encouraging MOs to par-

contribute to the elaboration of new instru-

ticipate to the Universal Periodic Reviews

ments young people can use and afford 27

4. Recommendations to the European Youth Forum and its membership

youth rights situation at country level

when they face situations infringing their

• Collaborate with the Fundamental Rights

rights, for example where there are no suit-

Agency (FRA) asking to carry on ad hoc re-

able, no sufficient tools or no tools at all.

search on the actual access of young peo-

Secondly, young people are often unhappy

ple to fundamental rights in Europe.

with interpretations given to those existing conventions. Realities have changed drasti-

• Strengthen

cally, but human rights law followed only

tions based on rights at any institutional

by making small steps. That’s why the in-

level (i/e quality education, decent job,

terpretation of human rights law needs a

etc.) also through improved collaboration

reshaping and a common understanding.

with other stakeholders.

Youth Forum advocacy ac-

European Youth, Claim your Rights !

Youth organisations as well as other human rights organisations have to strive

• Follow the implementation and develop-

towards additional interpretations and di-

ments of the African Youth Charter and

mensions of existing Human Rights Law

the Ibero-American Convention on Youth

by creating new case law.

Rights cooperating with the relevant bodies

In line with with the above, the EGYR rec-

• If

ommends the following advocacy actions :

European Convention on Youth Rights, en-

continuing the lobbying towards a

suring that national and European imple-

• The

European Youth Forum should be-

mentation and monitoring mechanisms are

come a member of the group of INGO’s

introduced.

with a right to make collective complaints to the European Social Committee. This

[September 2012]

way the Forum could start tackling rights violations through the use of the European Social Charter. This should be coupled with a campaign to have European states ratify the revised European Social Charter.

• Collect

case laws from the European

Court of Human Rights, the European Social

Committee

and

from

national

courts documenting human rights violations involving young people. This will lead to a good overview of violations of human rights of youth.

28

Annex 1 SURVEY ON YOUTH RIGHTS A. DEFINING YOUTH RIGHTS

B. YOUTH RIGHTS IN YOUR ORGANISATION

1 What are the concerns of young people in your country ?

6 In your work do you apply a rights-based approach to youth policy ?  Yes.

portance for the young people ?

 No.  Partly.

3 How clear is the concept of youth rights

 I don’t understand the concept of

for you ?

a rights-based approach to youth policy.

 Very clear.

Comments :

 More or less clear.  Very unclear.

7 Do you promote / deal with youth rights

Comments :

in your work as organisation ?  Yes.

4

What is the meaning or definition of

 No.

youth rights for you ?

 Partly.

If yes, which one(s) and how you promote

5 Do you think there are any youth rights

them ?

that are not included in the European

Comments :

Convention on Human Rights / European Social Charter ?

8 Do you use youth rights as part of your

 Yes.

argumentation / lobbying strategy ?

 No.

 Yes.

 I don’t know.

 No.

If yes, please briefly specify.

 Partly.

Comments :

Comments :

Spread among the Forum's membership from December 2011 – March 2012.

29

Annex 1 – Survey on youth rights

2 Which human rights have particular im-

9 Have you ever considered or really used

13 Does your country explicitly recognise

any complain mechanism or taken legal ac-

any youth rights ?

tion to ensure the human rights of young

 Yes.

people ?

 No.

 Yes.

 I don’t know.

 No.

If yes, which one(s) ?

If yes, please briefly specify. If no, please

Comments :

explain why.

Comments :

14 Do you know of existing national or European legal instruments protecting

C. ACTUAL SITUATION

youth rights ?

European Youth, Claim your Rights !

 Yes. 10 Are there any human rights that are be-

 No.

ing denied / violated / restricted for young

 I don’t know.

people in your country ?

If yes, which one(s) ?

 Yes.

Comments :

 No.

D. FUTURE WORK

 I don’t know.

If yes, which one(s) ?

Comments :

15 Do you have networks/contacts/partners with (other) human rights organisa-

11 How are the rights of young people pro-

tions (national / European / international) ?

tected in your country ?

 Yes.  No.

12 Does your country somehow monitor

If yes, please briefly specify. If no, please

the access to rights and freedoms of young

explain why.

people ?

Comments :

 Yes.  No.

16 Do your networks/contacts/partners

 I don’t know.

have experience with using legal tools /

If yes, how ?

procedures ? (national procedures, com-

Comments :

mon complaints procedures etc)  Yes.  No. If yes, please briefly specify. If no, please explain why.

Comments :

30

17)If the YFJ could lodge collective com-

20 Would your organization be interested

plaints for youth rights violations would

in (regularly) updating the report on the

your organisation be interested in cooper-

“State of youth rights in Europe” (the yel-

ating in this (for example by providing cas-

low booklet, published by the YFJ in 2010) ?

es of youth rights violations) ?

 Yes.

 Yes.

 No.

 No.

Comments :

 It depends on the case.

If yes, please briefly specify. Otherwise,

21 After reading the briefing note on youth

please explain why.

rights, what do you think you would need

Comments :

to mainstream youth rights in your work ?  Toolkit.  Training course.

preferable status, compared to other seg-

 Contacts / networking / partnerships.

ments of society ?

 I don’t want to mainstream it.

 Yes.

 Other... (please specify).

 No.

Comments :

 Partly.

Comments :

CONTACT e-mail (optional) :

19 Do you consider a Convention on Youth Rights would help raising awareness, monitoring youth rights violations and safeguarding youth rights ?  Yes.  No.  Partly.  I don’t know.

If yes, please briefly specify. Otherwise, please explain why.

Comments :

31

Annex 1 – Survey on youth rights

18 Do you think that young people need a

European Youth, Claim your Rights !

Annex 2 Expert Group on Youth Rights Briefing Note

(Updated April 2012)

An Expert Group on Youth Rights was es-

The European Youth Forum strives for en-

tablished in Spring 2011. The fundamen-

suring and improving the rights of young

tal aim of the group is to support the

people and has worked on youth rights

European Youth Forum in promoting and

since the 1980s. For the past four years

implementing a rights-based approach to

it has actively advocated for a Convention

youth.

on the rights of young people within the Council of Europe framework and has also

More specifically :

brought the discussion to meetings at the

1 Help create and develop evidence-based

United Nations level.

arguments for youth rights

According to the Work Plan 2011–2012, “…the

European

Youth

Forum

2 Follow and stimulate the academic dis-

works towards the full realisa-

cussion on youth rights in Europe

tion of the rights and freedoms of young people as a pre-requisite to

3 Link the debate on youth rights to the

further develop and build a demo-

debate on children’s rights

cratic Europe with a sound social and economic model at all levels,

4 Identify ways of mainstreaming youth

and which is able to ensure the full

rights in the human rights agenda in

development of the human and the

Europe

social potential of young people.”

5 Assist the Member Organisations of the European Youth Forum in the internal discussion on how to best protect and promote youth rights

33

Annex 2 – Expert Group on Youth Rights Briefing Note (Updated April 2012)

Introduction

The expected result of the EGYR is to con-

(“Young people’s access to rights : develop-

tribute to a coherent strategy of the YFJ on

ment of innovative youth policies”).

European Youth, Claim your Rights !

youth rights.

The European debate on youth rights

What are youth rights ?

reached a highpoint in June 2011, when

When talking about youth rights, the Expert

the Parliamentary Assembly of the Council

Group refers to the full enjoyment of fun-

of Europe adopted Recommendation 1978

damental rights and freedoms by young

(2011) “Towards a Framework Convention

people. This includes the access to the ex-

on the Rights of Young People”. The recom-

isting human rights but may also entail,

mendation states :

where needed, the creation of new rights

“…it is undeniable that gaps re-

and freedoms.

main when it comes to the promo-

In most countries there are several advoca-

tion of these [youth] rights and

cy groups claiming that structural inequali-

between theory and practice. A

ty in society is so big that levelling the play-

European

youth

ing field requires positive discrimination

rights

convention

would

not

on

create

such as ethnic or gender quotas. This is a

binding minimum standards for

only

common rhetoric also familiar within the

Europe, but would also increase

European Youth Forum. Ensuring equality

awareness of youth rights across

of opportunity is the core business for any

Europe. A new instrument should

advocacy organization and Youth Rights

aim both to co-ordinate existing

are certainly about equality of opportunity.

texts and fill lacunae with respect to specific areas not sufficiently

When compiling the book ”The state of

covered”.

youth rights in Europe”, the YFJ asked its members to define what youth rights they

The view of the parliamentary assembly

thought were important. The answers were

was also mirrored by the Declaration of

quite similar and can be divided into the

the World Youth Conference 27

August

following main categories : autonomy, ed-

2010 Guanajuato, which recommended to

ucation, participation, employment and

discuss an international legal framework

social protection, freedom of expression,

that recognises the specific rights of young

non-discrimination and equal opportuni-

people.

ties, freedom of thought, conscience and

The next important advocacy step will be

religion or belief, including the right of con-

contributing to the Draft Declaration and

scientious objection to military service, ju-

related implementation actions of

venile justice and detention, mobility, sexu-

th

the

Ministerial Conference on Youth of the

al and reproductive health.

Council of Europe that will take place in St Petersburg on 23–25th September 2012

34

Reading the African Youth Charter and the

Charter or the European Convention on

Ibero-American convention it becomes

Human Rights somehow covers them all.

clear that there has not been a necessity to

However, looking at case law from the

define many new youth rights. Most of the

European court of Human Rights it is evi-

paragraphs in those texts are not specifical-

dent that these rights are far from grant-

ly related to youth but are common human

ed to youth and that the cases, which are

rights. Indeed what is important to note

brought up in, the court more often than not

is that youth rights are not specific rights

deal with juvenile justice i.e. cases where

needed by young people but the need for

layers are already involved. Therefore, it is

specific protection to ensure young people

reasonable to assume that many cases of

access to their rights. However, there might

youth discrimination never even reach a lo-

be groups of rights such as those concern-

cal court.

ing students or volunteers that are not yet established and that perhaps should be

The Ibero-American organisation of youth

included under the collective heading of

has written a convention on the rights of

youth rights.

youth that entered into force on March 1st 2008. The convention has been ratified

Recommendations

at the time of writing by seven member

The European Youth Forum should become

states of the organisation and ten more

a member of the group of INGO’s with a

have signed it and are in the process of

right to make collective complaints to the

ratification. There is currently no mecha-

European Social Committee. This way the

nism to monitor the Convention, but ratify-

YFJ could start tackling rights violations

ing States are required to submit a report

through the use of the European Social

every two years to the Secretary General

Charter. This should be coupled with a

of the Ibero-American Youth Organisation.

campaign to have European states ratify

The African Union convened a meeting in

the revised European Social Charter.

May 2006 at which it approved the African Youth Charter. The charter has a dual pur-

Moreover,

pose of allowing youth to more effectively

should employ an ombudsperson for youth

assert their human rights but also to fast-

rights.

track the development and implementation

In combination these two recommenda-

of supportive policies and programmes for

tions would sharpen advocacy work and

young people.

generate practice in youth rights violations.

35

the

European

Youth

Forum

Annex 2 – Expert Group on Youth Rights Briefing Note (Updated April 2012)

Except for mobility, the European Social

Next steps The group is still suffering from a lack of case laws from national courts documenting human rights violations involving young people. We need a good overview on what’s happening in Europe and especially concerning systemic violations of human rights of youth (i.e. higher unemployment rates or HIV/AIDS infections among young people than the population average).

A survey among YFJ membership has been conducted to gather comparable informa-

European Youth, Claim your Rights !

tion. The Expert Group is analysing the inputs in order to create a common understanding of youth rights, and to identify the interest and motivation of the member organisations. A similar version of the survey will also be circulated among external actors such as the network of Child Ombudsmen.

The Expert group will present a detailed report to the membership next summer, including an in depth analysis of the case law, good and bad practices and their implications for the life of young people. A second part of the report will deal with the results of the survey. In addition, the report will identify the pros and cons of the different instruments supporting the implementation of youth rights.

36

Annex 3 MAPPING AGE LIMITS EXERCISE The conclusions of the study revealed

Forum commitment in the field of recog-

some interesting differences and discrep-

nition and protection of Youth Rights, we

ancies in Europe.

have devoted a month of focus on a com-

First, there is a distinct difference be-

parative data study. The aim of the project

tween the age of criminal responsibil-

was to gather data on age limits or require-

ity and the age to vote in nearly all the

ments in accessing youth rights in order

European countries. The age of criminal

to draw a clear picture of the differences

responsibility, defined as the age at which

between European countries and the gaps

a youth may be charged as an adult in trial

that exist within the rights of youth. This

and receive adult punishment under the

involved a data collection survey released

law, has a wide range. For example, in the

to National Youth Council members of the

United Kingdom, the age of criminal re-

European Youth Forum and an analysis of

sponsibility is 10 years old. On the other

the information relieved. The survey regard-

hand, voting age remains at a standard of

ed age limits of various rights and duties in

18 years old for all European countries ex-

different European countries. We sent this

cept for Austria, who keeps the voting age

survey to 33 National Youth Councils and

at 16. The discrepancy between these two

received a total of 22 replies. However, only

age limits can be huge. With the case of

10 of these gave complete information,

the United Kingdom, there is an 8 year gap,

so there was additional research needed

meaning that youth may be tried 8 years

to complete the spreadsheet of data. The

before they are able to vote. The difference

data collection was successful overall and

between age limits shows that a young

served to show some insight into youth

citizen may be considered an adult in the

rights and age limits.

criminal sense before he or she is considered an adult in the political sense, which is unfair to the youth population.

37

Annex 3 – Mapping age limits exercise

In the framework of the European Youth

The second conclusion involved purchase

questions about whether or not marriage

of selective items. There are specific age

should be a factor in the age limit to adopt.

European Youth, Claim your Rights !

limits in most countries regarding purchase of alcohol and tobacco, but very little

The final study involved the age to work

legislation regarding the purchase of con-

and the ages to gain access to other so-

traceptives. This could lead to questions of

cial and economic rights. In some coun-

whether or not there is a need for age re-

tries in Europe there are young age limits

strictions on contraceptive purchases. Only

to begin working without parent permis-

five European countries were found to have

sion, they ranged from 12 to 18. On the

these age limits. They were Armenia (16),

other hand, there are higher age limits that

Azerbaijan (18), Cyprus (18), Denmark

are closer to 18 to obtain a driver’s license,

(15), and Moldova (18). Furthermore, the

travel without an adult, access financial

five countries with age limits for purchase

facilities, and receive social benefits. So,

of contraceptives have matched it to the

even if youth can work full time at the age

age of consent, which could potentially

of 16 and financially support themselves,

serve as a standard for future legislation

as they can in Lithuania, they still cannot

on contraceptive purchase.

drive to work, own a home to live in, receive unemployment or any other social benefits

Family age limits were also very interest-

until two years after they have begun work-

ing to analyze because of the variety of

ing. As a result, the age gap keeps young

legislation. Comparing the age of consent,

people from being completely socially au-

age to obtain a marriage license, age to

tonomous. This disparity in legislation is

make decisions about adoption and age to

preventing youth from becoming self-reli-

make decisions about abortion revealed a

ant from the legal age to work, in both the

wide range of age limits. For example, in

social and economic types of autonomy.

Switzerland, a person can adopt at age 35 if single, or after they have been married for

Similar to the topic of social autonomy is

5 years. So, that means that if an 18 year

the subject of minimum wage for youth.

old gets married they may adopt at age

While this is not directly related to the

23. Thus, they can make decisions about

study of age limits, there has been some

adoption 12 years before a single person

legislation in minimum wage in countries

has the same opportunity. Our conclusions

like the UK and Greece that are effecting

about this topic were that family decisions

youth autonomy. In these countries there is

cannot be legislated on a European stand-

a lower minimum wage for younger work-

ard because of the sensitive subject mat-

ers. For example, in the UK, the minimum

ter. Nonetheless, national government can

wage is being increased to £6.19 per hour.

potentially make these decisions standard-

Yet, if you are age 16 or 17 the minimum

ized within a single country. Also, there are

wage is frozen at £3.68 and for youth

38

age 18–20 the minimum wage is £4.98.

The idea of the government is to increase youth employment opportunities by allowing employers to pay younger workers less. However, many argue that this could be considered age discrimination and a limit on social and economic autonomy for young citizens.

In Greece, minimum wages are being cut by 22 percent, with minimum wages for those under 25 being cut by 32 percent. The rationale behind these cuts is to reform the struggling economy in Greece, but this dramatic legislation will have an adverse effect Annex 3 – Mapping age limits exercise

on the youth population in Greece. There are already protests and anger toward the minimum wage cuts in general, but youth will be especially hurt by a 32 percent cut in wages. Again, this is a step away from youth autonomy and this type of legislation is hindering young people.

Furthermore, Greece and the UK are not the only countries that have age-specific rules for minimum wage. Belgium, Czech Republic,

France,

Ireland,

Malta,

the

Netherlands, and Slovakia all have various age barriers in achieving a full minimum wage for labor.1 This is a problem that is not realized by many national governments and should be addressed to ensure the equal rights of the young work force.

[September 2012]

1. Resource for list of countries : http ://www.eurofound.europa.eu/eiro/2005/07/study/tn0507101s.htm

39