1. Introduction
1. The motion for a recommendation on a youth rights
convention was tabled by Mr Antti Kaikkonen on 7 July 2009.
It
specifically describes the period of transition from childhood to
adulthood as a critical stage of life and social human development,
characterised by specific needs which, according to the motion, necessitate
a specific instrument. The challenges of globalisation, population
ageing, education and employment, integration and combating discrimination
are emphasised in the motion, as is the need to face these challenges
by increased participation of young people in decision-making and
in all activities and action aimed at building a better society.
2. Following my nomination as rapporteur, I carried out the work
on the report with an “open mind” as to the suitability of a new
European legal instrument as a response to the protection of the
rights of youth across Europe.
3. During preparation of the report, I met on several occasions
with international youth organisations through the Council of Europe’s
network of partner non-governmental organisations (NGOs), especially
the European Youth Forum which provided specific written input.
In-depth discussions were held with youth and government representatives
in the Council of Europe’s Advisory Council and Joint Council on
Youth.
4. In August 2010, I participated in the United Nations World
Youth Conference, which provided valuable insight into the situation
of young people in and beyond Europe and youth policies that are
implemented, as well as an opportunity to take stock of action by
the European Union. I also participated in the European Youth Forum’s
General Assembly in Kyiv on 19 November 2010 and in the European
Youth Parliament’s annual forum in Athens in April 2011.
5. My objective in preparing the report was to propose solid
and well-founded recommendations on what Europe’s decision-makers
at all levels can do to foster the recognition of a coherent corpus
of youth rights, improve the effectiveness of their implementation
by public authorities and encourage young people to fully make use
of the opportunities offered to them.
6. In order to achieve this and to determine the suitability
of a new legal framework, the report identifies key areas and examines
whether existing measures provide adequate access to and protection
of young people's rights in Europe. A parallel aim of the report
is to draw attention to current challenges and encourage political support
for youth, in line with the Parliamentary Assembly’s constant active
interest in youth issues and recognition of the specific challenges
and problems faced by this group of society.
2. Scope
of the report
7. Youth is a period of life in which personality, knowledge,
self-esteem and self projection in the future are formed and consolidated.
In a globalising, ageing society with generalised economic upheaval,
young people’s present and future are challenged socially, demographically,
economically and democratically. They must be in a position to put
into practice all the fundamental rights which they enjoy, and at
the same time dispose of the right to be heard and to have a real
influence on decisions which have an impact on their future. The enormous
variety of life situations of young people across Europe implies
that the real challenge lies in finding operable common denominators
in order for solutions to be relevant.
8. Despite the fact that questions such as the establishment
of an age for voting and standing for election and legal responsibility
concern people below the age of 18, for the purposes of the report
a threshold of 18 years has been used in order to avoid overlapping
with issues pertaining to the rights of the child. This threshold is
not to be seen as a rule to be strictly applied by member states
for the implementation of the recommendations it contains, but primarily
as a means to delimit the remit of the study.
9. The key areas considered in the report are:
- access to quality education
and training, as well as to culture;
- employment, access to the labour market and social protection;
- access to housing;
- health services, sexual and reproductive health education
and family planning, as well as the right to a healthy environment;
- full and effective participation in society and in decision-making;
- protection of vulnerable groups and the need to prevent
multiple discrimination.
3. Is a convention
necessary?
10. Several of the youth representative organisations
working with the Council of Europe, in particular the European Youth
Forum, are very much convinced that a convention on youth rights
is essential. They feel that this would be the strongest arm to
defend youth’s place in society and they consider that only co-ordinated legislation
would allow rigorous follow-up and monitoring mechanisms. As well
as providing a tool for implementation of youth rights, a convention
should be a forward-thinking text promoting innovative, progressive
legislation within states rather than imposing specific measures.
In this way, it would shape the tools for Europe’s future challenges,
as did the United Nations Convention on the Rights of the Child.
11. On the other hand, many government representatives are more
cautious about the suitability of a convention, pointing out that
legal instruments are legion, that implementation would be difficult
and that most, if not all, of the rights concerned are already included
in existing legislation. From this point of view, as far as Europe
is concerned, the European Convention on Human Rights (ETS No. 5)
and the revised European Social Charter (ETS No. 163), combined
with other national and international provisions, can be seen as providing
sufficient protection for young adults’ political, civil, social
and economic rights. This is also the approach of the Council of
Europe’s Commissioner for Human Rights, Thomas Hammarberg, expressed during
the meeting of the co-management bodies in March 2010.
12. It could indeed be said that most of what are called “youth
rights” are not exclusive to youth. They are fundamental rights
to which the principle of non-discrimination applies, meaning in
particular that youth should be treated on an equal footing with
other age groups. The implementation of the principle of non-discrimination may
require positive measures to correct existing obstacles which de facto reduce the effectiveness
of youth rights, in the same way as gender equality issues are addressed.
13. Approaching youth rights from this cross-sectoral perspective,
thereby putting emphasis on existing frameworks for their protection,
has the advantage of addressing specific issues according to a thematic approach.
Reinforcing the mainstreaming of youth issues ensures coverage of
their broad range, while drafting a sufficiently inclusive convention
would be a complex affair. A further issue is the different level
of procedural guarantees securing the respect of rights enshrined
in existing texts. Bringing together the existing rights in a single
text would not necessarily ensure enhanced judicial protection:
it is difficult to foresee that the mechanisms provided for by the
European Convention on Human Rights, or even the revised European
Social Charter, could be extended to rights recognised in other
international conventions.
14. On the other hand, drafting a convention would provide an
opportunity to address questions of definition. The whole concept
of “youth” is far from referring to the same categories in all different
instances. In the Council of Europe youth sector, “youth” is situated
between the ages of 18 and 30. The two existing inclusive, youth-specific
instruments specifically addressing youth rights – the 2005 Ibero-American
Convention on Rights of Youth and the 2006 African Youth Charter
– respectively address young people between the ages of 15 and 24
and 15 to 35. The United Nations refers to young people between
15 and 24, and the “Youth in Action” programme has broadened the
European Union’s definition to 15 to 28 (previously 15 to 25). Other
texts state or imply that young people under 18 should be included
in the term as, for example, in many countries the age of criminal
responsibility is lower. The Assembly's Political Affairs Committee
has recently prepared a report on the expansion of democracy by
lowering the voting age to 16.
15. The lack of definition also makes it difficult to assess the
real situation of young people. Official figures are given for children,
but often not for the category of young adults. Among refugees and
asylum seekers, for instance, actors in the field (for instance
the Office of the United Nations High Commissioner for Refugees (UNHCR)
and local NGOs) report high proportions of young people among problematic
cases they deal with, but statistics do not distinguish them as
a category, so the scale of problems affecting them is not easy
to assess.
16. In the meantime, the Council of Europe has been proving for
many years that the absence of legislation does not hinder the implementation
of youth policies and programmes at national and international levels,
in co-operation with member states and more recently with the European
Union in the framework of the Youth Partnership Joint Programme.
Perhaps proof that legislation is not essential. Nevertheless, it
is undeniable that progress on the ground is sometimes slow and
hard to measure.
4. Youth rights in
danger?
4.1. Access to quality
education and training, and to culture
17. As the recent sharp increase in university fees for
students in the United Kingdom has shown, in the current economic
context access to higher education regardless of their social background
is not becoming easier for young people. In addition, although modern
technology has increased the resources available on the Internet,
it should not be taken for granted that all young people have the
means and the know-how to readily avail themselves of these possibilities.
The Assembly’s
Recommendation
1586 (2002) on the digital divide and education
begins with the statement that “Digitalisation
introduces a new risk of dividing those who can afford access for
the purposes of education and research from those who cannot”.
18. This is corroborated by publications of the Organisation for
Economic Co-operation and Development (OECD),
which
highlight the need to use information and communications technology
as a tool for improving teaching and learning processes, and at
the same time stress the negative impact on national economies of reducing
investment in education.
19. More efforts should be made towards the goal of providing
education that is universal, free and accessible, regardless of
race, nationality and social origin. Furthermore, beyond economic
considerations education should be valued as a means of self-fulfilment
and of empowerment for young people. As well as equipping young
people for employment, education should promote values. The Council
of Europe’s Charter on Education for Democratic Citizenship and
Human Rights Education, adopted on 11 May 2010 at the 120th Session
of the Committee of Ministers, emphasises the need for youth leaders
to be trained in these areas and for member states to foster the
role of NGOs and youth organisations in education for democratic
citizenship and human rights education. In turn, young people with
access to information and training should be thus used as multipliers
of value-based education.
20. Member states should adopt measures which enable academic
mobility of youth and establish validation procedures which allow
the academic achievements and professional qualifications of their
respective national educational systems to be recognised across
Europe. States should promote the effective use of the European Higher
Education Area, Bologna Process implementation and other mechanisms
for recognition of qualifications. Young people also need to be
given opportunities to gain language proficiency throughout their education,
especially where their mother tongue is that of a national minority
or their national language is not widely spoken or understood in
Europe.
21. The recognition of non-formal education and intercultural
learning should be better ensured in both the public and private
sectors, and experiences in volunteering and responsibilities at
national and local levels should also be recognised.
22. Young people should have the right to recreation and leisure,
to travel and gain first-hand experience of other national, regional
or international communities, to promote cultural and educational
exchanges in order to know one another, respect cultural diversity
and create solidarity. Assembly
Recommendation 1930 (2010) on prohibiting the marketing and use of the Mosquito
youth dispersal device
calls on states
to “promote, in consultation with youth forums at the local level,
the development of indoor and outdoor facilities to increase opportunities
for physical, intellectual and leisure recreation, including green
areas, gymnasia, swimming pools, playing fields, libraries and multimedia
libraries”. Young people should not be punished for gathering in public
spaces, but more possibilities should be offered in these spaces
for physical and intellectual development.
23. Youth is generally the most creative phase of the life cycle,
when young people in full possession of their intellectual and physical
capacities should have the opportunity to experiment new means of
expression and action. State spending on cultural programmes, another
area often threatened during periods of economic downturn, should
nevertheless be used to ensure that young people are not only encouraged
as learners and spectators of culture in all its manifestations,
but are given chances to create and carry out their own cultural activities.
University curricula and infrastructure should bear in mind the
need for students’ cultural development, and cultural institutions
need to ensure outreach to young people through modern, interactive methods
of communication and awareness-raising. Sufficient spaces for artistic
creation need to be provided on a local and regional basis.
4.2. Employment, access
to the labour market and social protection
24. Across Europe, the highest unemployment rates today
are among young people, including those with a high level of qualification.
It is extremely important to ensure jobs and autonomy for young
adults as early as possible, as problems in accessing the employment
market have a “snowball” effect on future employability.
25. The first goal of the European Union’s “Europe 2020 strategy
for jobs and smart, sustainable and inclusive growth”:
75% of the population aged 20 to
64 should be employed by 2020. However, Eurostat figures show that
youth unemployment has been increasing in the euro area and the
European Union since 2008 at a faster pace than the overall unemployment
rate.
Young people are also more susceptible
to accepting temporary employment (4 out of 10 people in the 15
to 24 age group, and 2 out of 10 among 25- to 29-year-olds, according
to Eurostat).
26. The transition phase from education systems to the labour
market is not linear. Entering the labour market is increasingly
challenging and often involves several periods of navigation between
studies, unemployment, non-paid work experience or low paid employment.
Young people face severe challenges in securing their autonomy.
Currently, many are forced to rely on parents or on social support
systems to lead a fully integrated life. Gaps in social security
protection systems and problems with labour market integration exist
at all levels of qualification. National regimes and bilateral agreements
should ensure these gaps are identified and closed.
4.3. Access to housing
27. Another factor contributing to lack of autonomy is
the lack of access to housing for young individuals and families.
Young people should have a right to decent housing of good quality
to enable them to achieve a stable environment for their development
as adults and their relations with the community. Member states
should adopt measures to effectively mobilise public and private
resources to facilitate access of youth to housing, giving priority
to lower income brackets. Here, too, policies need to encompass
diverse situations, and strive to cover the different contexts in
which young people are at a disadvantage. For instance, higher educational institutions
should be in a position to give young people access to affordable
student lodgings, especially in large cities where rents are high;
social housing should enable young people to live independently
at the beginning of their professional career when their wages are
low; states should insist on the implementation of percentage quotas
for such housing in regions where local government is sometimes
reluctant to devote valuable development space to lower-cost accommodation.
Secure and sustainable financial facilities should be made available
to aid the granting of mortgages and loans to young couples and
families and ensure that low-interest opportunities are open to
them.
28. According to the synthesis report of the country-specific
studies on youth policies carried out by the Council of Europe between
1997 and 2001: “Housing is often not considered within the remit
of ‘youth policy’, on the grounds that young people live with their
parents until they achieve sufficient independence to move into independent
living.” The report goes on to state that young people who wish
to leave home to achieve independence have lower capacity and opportunity
to earn the resources in the labour market to allow them to do this
within a free housing market, often resulting in frustration, sometimes
even in family conflict. The enormous variations in average ages
for leaving the parental home
may be due in part to cultural
differences, but lack of affordable housing and an absence of state
support measures also have a great impact.
29. Housing problems may be aggravated by problems of young people’s
insecure employment contracts, and they may be victims of an accumulation
of prejudices in access to housing, as well as being the subject
of a general tendency to doubt that a young person is dependable
and trustworthy.
4.4. Health services,
sexual and reproductive health education and family planning, as
well as the right to a healthy environment
30. Health education must be taught at all educational
levels and responsible sexual conduct promoted, encouraging youth
to fully accept and understand their specific identity. At the same
time prevention and protection policies against sexually transmitted
diseases, undesired pregnancies, sexual abuse or violence, alcoholism,
nicotine poisoning and drug abuse must be implemented. Sexual and
reproductive health education should be provided systematically.
31. Health awareness campaigns are all-important for young people,
who should be well informed not only of health risks and their avoidance
but also of practical aspects such as the existence and location
of clinics and how confidentiality is ensured.
32. Young people in general are more aware of environmental issues,
simply because the negative effects of human activity on the planet’s
resources have become increasingly a cause for concern. Young people should
be associated in environmental policies as they are directly concerned
by their consequences, and are a more certain source of forward-thinking,
idealistic and creative ideas concerning environment preservation and
sustainable development. Here, too, young people can serve as multipliers
of good individual and group practices.
4.5. Full and effective
participation of youth in society and in decision-making
33. Participation rights are insufficiently codified
and protected. The participation of young people in political life
and generally in decision-making processes is low, despite the existence
and active work of youth organisations. Moreover, youth participation
without real impact on decision-making is often used as “window-dressing”
by politicians, who should take youth representatives more seriously
and allow young people to contribute to shaping society. They should
be equal partners for politically mature society development. The Parliamentary
Assembly is the ideal forum for promoting the significant participation
of youth parliaments in democratic structures.
34. Youth have the right to freedom of speech, expression, assembly
and information, to have youth forums at their disposal and to create
organisations and associations where their problems are analysed,
with a view to presenting proposals for political initiatives to
the relevant public authorities. The member states should commit
to help youth organisations and associations to obtain resources
for the financing of their activities, projects and programmes,
while providing them with support to strengthen their independence
and autonomy.
35. In order for young people to understand their rights, accept
the accompanying responsibilities and be given opportunities to
express themselves, participation must be encouraged from an early
age in order for democratic processes to be a familiar part of the
life of young adults.
36. Youth parliaments are often a way to allow young people below
voting age to acquaint themselves with democratic processes and
at the same time be heard in specific areas concerning them. For
example, the United Kingdom’s youth parliament allows 600 elected
children between the age of 11 and 18 to make their voices heard
by local and national government, providers of services for young
people and other agencies who have an interest in the views and
needs of young people.
37. The European Youth Parliament “encourages independent thinking
and socio-political initiative of young people and facilitates the
learning of crucial social and professional skills”. It consists
of a network of 34 European associations and organisations in which
thousands of young people are active in a voluntary capacity. National
European youth parliament committees exist to promote the objectives
of the European Youth Parliament also in their own countries. Youth
parliaments serve to emphasise the importance of developing the
capacity of youth for the purpose of preparing them to assume responsibilities,
to dialogue, exchange ideas and to introduce them into the atmosphere
where the different socio-political parliamentary trends of the
countries are represented. Attention should be given, however, not
to relegate young people into youth parliamentary structures to
the detriment of their participation in the core decision-making
processes.
4.6. Vulnerable groups
and multiple discrimination
38. Social workers and non-governmental organisations
agree, without necessarily producing concrete statistical evidence,
that young people from vulnerable population groups such as Roma,
migrants and refugees pose specific problems. Young people are also
more at risk from gender and racial discrimination, and homophobia.
39. While refugee and displaced families, children and the elderly
often have support either within their families or benefit from
national or local measures, youth are more likely to be isolated
and difficult to fit into existing support frameworks. Special attention
is required for these young people, ranging from information and training
to language learning and life skills. The Assembly
Recommendation 1652 (2004) on education of refugees and internally displaced persons
addresses
this need, asking states to “facilitate the provision of further
education and vocational training for refugees and internally displaced
persons (IDPs) so as to reduce their dependence and to enable them
to lead a normal life” and “to take account of education already
acquired by refugees and IDPs”.
40. The above-mentioned
Recommendation
1930 (2010) on prohibiting the marketing and use of the Mosquito
youth dispersal device shows that young people are sometimes treated
as second-class citizens: “They feel that the Mosquito device is
used as a weapon against them regardless of their behaviour. They
feel victimised and offended, and regard this treatment as clear
discrimination against young people. They feel that they are being
treated as potential troublemakers and delinquents and, consequently,
their feeling of alienation deepens.” All attempts to use this kind
of mechanism should be firmly opposed by the authorities of member states
as a violation of fundamental human rights.
5. Council of Europe
responses
5.1. Unique, innovative
structures in the Council of Europe’s youth sector
41. The Council of Europe's commitment to fostering greater
youth participation is demonstrated through its system of co-management,
unique in Europe. The Advisory Council on Youth, made up of 30 representatives from
youth NGOs and networks, joins the European Steering Committee for
Youth, composed of representatives of ministries and organisations
responsible for youth matters from the 49 States Parties to the European
Cultural Convention, in a Joint Council on Youth (CDEJ). The Joint
Council is a co-decision body which establishes the youth sector’s
priorities, objectives and budgets for adoption by the Committee
of Ministers. The CDEJ also organises the Conferences of European
Ministers with responsibility for youth matters and the drafting
of youth policy laws and regulations in member states.
42. The European Youth Centres (EYCs) in Strasbourg and Budapest
are international training and meeting centres for the implementation
of the Council of Europe’s youth policy. A new “youth centre label”
is currently being developed, aimed at setting up a system of partnership
with existing youth centres in member states whereby the Council
of Europe’s expertise and knowledge may be multiplied through national
frameworks. The Council of Europe also has a specific category of
staff employed as youth trainers, for whom one of the conditions
for recruitment is to be aged under 25.
43. Council of Europe “Peace camps” are organised yearly, bringing
together youth leaders from countries opposed by conflict in an
effort to promote dialogue. The 2009 peace camp gathered 42 young
people from conflict and post-conflict regions, including Israel
and the territories under Palestinian Authority. In 2010 these countries
were joined by young people from Armenia and Azerbaijan.
44. A new project for the creation of “Youth peace ambassadors”
is currently under way, providing training for young people from
conflict areas. Another project called “ENTER!” was launched in
2009 as part of the priority work on social cohesion and inclusion
of young people. The project aims at developing youth policy responses
to exclusion, discrimination and violence affecting young people.
5.2. The Congress of
Local and Regional Authorities – a comprehensive, grass-roots charter
for youth
45. The Congress’s revised European Charter on the Participation
of Young People in Local and Regional Life was adopted by the Committee
of Ministers in Recommendation Rec(2004)13. It covers a wide range
of subjects, based on the premise that as part of a global policy
of citizens' participation in public life “the participation of
young people is a determining factor in ensuring social cohesion
and in making democracy work”.
46. Local and regional authorities are convinced that all sectoral
policies should have a youth dimension. It calls for the establishment
of “youth consultative bodies such as municipal youth councils,
youth parliaments or forums, allowing all young people, whether
or not they belong to organisations or associations, to express their
opinions and present proposals on the formulation and implementation
of policies affecting them”. The charter raises an interesting aspect
of mobility taken in very concrete terms, asking local authorities
to involve young people in the organisation of public transport
at both local and regional level, as well as advocating specially
adapted rates allowing disadvantaged young people to travel. This
mobility is seen as indispensable for participation in social life
and for being full citizens, especially for young people in rural
areas.
47. The Charter on the Participation of Young People in Local
and Regional Life also outlines principles for policies on access
to culture, encouraging local and regional authorities to “adopt,
in association with young people and their organisations, policies
designed to allow them to become cultural actors, with access to knowledge,
the practice of culture and creative activity in places and using
methods designed for that purpose.”
In
addition, a chapter entitled “A policy on sexuality” calls for young
people’s involvement in the provision of non-directive sex education
in schools, the organisations and services offering information
about relationships, sexual methods and family planning, and peer
group work in this field.
6. Other international
responses
6.1. European Union
action
48. The European Union’s renewed framework for European
co-operation in the youth field 2010-2018 outlines aims and initiatives
that member states and the European Commission undertake to pursue
in the areas of: education and training; employment and entrepreneurship;
health and well-being; participation; voluntary activities; social
inclusion; youth and the world (including encouragement for young
people to participate in “green volunteering” and “green” patterns
of consumption and production); and creativity and culture. Priorities
for European co-operation are established in a succession of three-year
cycles: youth employment is the first of these priorities for the
period January 2010 to June 2011.
49. The Youth in Action programme (2007-2013) promotes active
involvement in the community and supports projects giving young
people a greater sense of citizenship. Priorities here are to promote
young people's active European citizenship, to develop solidarity
and promote tolerance among young people in order to reinforce social
cohesion, to foster mutual understanding between young people in
different countries, to contribute to developing the quality of
support systems for youth activities and the capabilities of civil
society organisations in the youth field, and to promote European
co-operation in the field. Within this programme, the European Voluntary
Service allows young people to work as volunteers in other countries.
European Union investment in these activities between 2007 and 2013
totals €900 million.
50. In this context, the European Commission funds various civil
society projects, such as “YouthNetworks”,
an online network based on the needs
of international youth organisations, aiming to make youth work
easier and more efficient, and “Pathways to Work: An Employment
Upgrade Training Programme for Young Immigrants”, which is a transnational
project aiming to help young migrants to maximise their career potential
in host countries.
6.2. The United Nations
51. The United Nations declared 2010 the “International
Year of Youth: Dialogue and Mutual Understanding”. The main event
of the year was the World Youth Conference in Mexico in August 2010,
which I attended on behalf of the Assembly. For the United Nations,
the conference marked a stocktaking phase of the level of fulfilment
of the Millennium Development Goals. Declarations adopted by the
Legislators’ Forum and the Governmental Forum listed areas where
renewed efforts should be made in favour of youth: the global nature
of the United Nations membership showed that outside Europe, in
many countries, many of young people’s basic requirements are unmet,
especially with regard to access to education and health services.
The youth NGO Declaration at the Mexico Conference “Keep your promises
and make them true!” is a telling call for better implementation
of the resolutions made by international organisations and member
states alike.
6.3. Inter-institutional
co-operation
6.3.1. Co-operation with
the European Union
52. In 1998, the Council of Europe and the European Commission
concluded a Partnership Agreement to bring together the two institutions’
experience in non-formal education, youth policy, youth research
and youth work practice, in order to “promote active European citizenship
and civil society by giving impetus to the training of youth leaders
and youth workers working within a European dimension”. Since 2005,
the Framework Partnership Agreement has focused on:
- European citizenship;
- human rights education and intercultural dialogue;
- quality and recognition of youth work and training;
- better understanding and knowledge of youth;
- youth policy development.
A specific focus of the Youth Partnership joint programme
is devoted to a geographical co-operation with eastern Europe, South-East
Europe and the Caucasus, the Euro-Mediterranean and the African
continent.
53. Another Joint Programme between the Council of Europe
and the European Union ensures the functioning of the Council of
Europe’s network of schools of political studies, NGOs set up under
the legislation of the country in which they are located in order
to train future generations of political, economic, social and cultural
leaders in countries in transition. The schools offer annual courses
of seminars and conferences on topics such as European integration,
democracy, human rights, the rule of law and globalisation, with
the participation of national and international experts. Since their
creation in 1992 a network of 16 schools covering the whole of eastern
and South-East Europe and the Caucasus has been built up. The schools
take part in the Summer University for Democracy, held in Strasbourg
since 2006 and attended by over 650 participants and guest speakers.
6.3.2. Co-operation with
the United Nations
54. On 14 March 2011, the Council of Europe invited representatives
of international institutions and civil society organisations to
discuss strategies to assist member states with the national implementation
of regional and international texts on citizenship and human rights
education. This fifth inter-institutional meeting launched an Inter-institutional
Contact Group on Citizenship and Human Rights Education. The main
objective of the contact group is to ensure systematic and sustainable
co-ordination of inter-governmental initiatives in this field.
55. The contact group – which currently includes the Office of
the High Commissioner for Human Rights (OHCHR), the United Nations
Educational, Scientific and Cultural Organization (UNESCO), the
Office for Democratic Institutions and Human Rights of the Organization
for Security and Co-operation in Europe (OSCE/ODIHR), the European
Commission, the Fundamental Rights Agency of the European Union
and the Council of Europe – agreed on a number of concrete initiatives,
including: 1) the mapping of relevant programmes; 2) development
of a joint calendar of international events; and 3) a joint publication
on key international texts. International civil society organisations
– such as Human Rights Education Associates, Democracy and Human
Rights Education in Europe, European Union of Students, and International
Association for the Evaluation of Educational Achievement – will
provide feedback and advice to the institutions through regular meetings
and on-line platform.
7. Conclusions
56. Assembly
Recommendation
1844 (2008) and
Resolution
1630 (2008) on refreshing the Council of Europe’s youth agenda,
elaborated in consultation with the Joint Council on Youth, asked
the Committee of Ministers, amongst others, to enhance the unique
existing co-management system of the youth sector and to further
promote the association of young people in Council of Europe activities
in general. The reply by the Committee of Ministers to the recommendation
contains several encouraging statements, and its provisions were
taken into account in the Committee of Ministers Resolution CM/Res(2008)23
on the youth policy of the Council of Europe.
57. The Guanajuato Declaration made at the Mexico World Youth
Conference in August 2010 states that the governments of United
Nations member states will “consider discussing an international
legal framework that recognises the specific rights of young people”.
Despite this rather noncommittal statement, the Assembly will survey
and take into account follow-up to this resolution, especially during
the International Year of Youth that started with the World Conference,
and in the context of the implementation of the Millennium Development
Goals.
58. Young people are key actors in the development of our societies
and are capable of assuming their own rights and liberties autonomously.
They are more informed than ever, but the information available
does not automatically confer real empowerment and the means to
make use of existing frameworks. It is necessary to raise awareness
of the existence and importance of youth rights by increasing, centralising
and harmonising the information available to policy and decision-makers
and to the general public. Young people in the Council of Europe
member states must receive further encouragement and means to fully
assume their role as actors in, and between, their societies.
59. Despite the fact that many aspects of youth rights are enshrined
in existing instruments, it is undeniable that gaps remain when
it comes to the promotion of these rights and between theory and
practice. Therefore, there is an urgent need for more effective
implementation of existing international legislation and policies
in order to ensure young people’s access to rights and their empowerment
through both “hard” and “soft-law” mechanisms.
60. A European framework convention on youth rights would increase
awareness of youth rights across Europe and raise and harmonise
implementation standards, providing for measures that are tailored
to young adults’ particular condition and needs. A new instrument
should aim both to co-ordinate existing texts and fill lacunae with
respect to specific areas not sufficiently covered. In doing so,
the level of procedural guarantees offered by the existing instruments
which enshrine fundamental rights also applicable to youth should
not be lowered.
61. After reviewing the state of youth rights in Europe and the
mechanisms for their implementation, I consider for the above reasons
that the idea of a Council of Europe framework convention for the
protection of youth rights should be examined more closely. This
would provide a platform for the development of national policies
and legislation and establish guidelines and indicators for the
fulfilment of the enabling principles for full access of young people
in Europe to their rights and thereby to autonomy and European citizenship,
while respecting the liberty of states to devise their own tools
for attaining this goal. The ten principles appended to the recommendation
should serve as a guide for the content of a framework convention.
At the same time, existing international instruments, programmes
and policies should be put together in a coherent and comprehensive
“handbook” for the use of young people as well as youth leaders
and organisations.