Article 12 of the Convention on the Rights of the Child stipulates that children have the right to express their opinion in all matters that concern them. The state has an obligation to ensure that their voice is heard and taken into account in accordance with the child's age and maturity. It is important that children are included in decision-making processes and that their views are taken into account in the formulation of policies and legislation that affect their lives.
In Parliament at the beginning of his mandate, Human Rights Ombudsman Peter Svetina promised children at the 29th National Children's Parliament that he would include their suggestions in the Ombudsman's Annual Report, thus obliging decision-makers to at least take notice them. In the report for 2019, he recommended that the Ministry of Labour, Family, Social Affairs and Equal Opportunities "in cooperation with other competent authorities, consider the findings, proposals and conclusions of the 29th National Children's Parliament and take a position on each finding, proposal or conclusion and takes them into account when making decisions concerning children."
During the discussion of the Annual Report for 2023 at the joint meeting of the Labour and Education Committees on 4 October this year, Ombudsman Svetina warned the decision-makers that the recommendations of the Children's Parliament were neither discussed nor mentioned in the proposal for an amendment to the Basic School Act. "This represents a violation of children's right to participation and their rights to have their voice heard in matters that directly concern them. Such disregard of children's contribution is contrary to the provisions of the Convention on the Rights of the Child," the Ombudsman was clear. In Slovenia, an example of good practice is the inclusion of children in the process of preparing the Protection of Children in Criminal Procedure and their Comprehensive Treatment in Children's Homes Act, which should be followed by all ministries. The good practice of implementing Article 12 of the Criminal Procedure Act is also represented by the Advocate - the voice of the child at the Ombudsman.
The Ombudsman urges decision-makers to fully respect children's rights and to allow children to be heard and to have their opinions, wishes and views taken into account in decision-making processes. "The child's right to participation is not just a formality, but a key element of a democratic society, which must take care of the comprehensive development of children," said Svetina.