International electoral standards
form the foundation for legal electoral frameworks. The rights to participate
fully in a country’s political and electoral
processes are basic human rights recognized
in an extensive body of international and regional legal instruments,
such as the Universal Declaration of Human Rights (UDHR, 1948)[i]
and the International Covenant on Civil and Political Rights (ICCPR, 1966).[ii]
The UN Convention on the Rights of
the Child[iii],
adopted in 1989, established conditions for nations to endorse young people’s
participation, but only relates to people under 18 years of age, and its main
emphasis is on the protection of children.[iv] The
only international treaty focusing specifically on the civil, political,
economic, social and cultural rights of young people is the Ibero-American
Convention on the Rights of Youth. It was signed in Spain in October 2005 and
came into force on 1 March 2008. Article 21 of the Convention enshrines the
right to political participation of young people.[v]
The Committee on the Rights of the
Child released a “General Comment on the implementation of the rights of the
child during adolescence,” (GC20, 2016). This General Comment builds on the
definitions outlined in the UN Convention of the Rights of the Child and
advocates for specific minimum ages as well as for the removal of other age
limits entirely. While it does not mention age limits for voting and
candidature, it does emphasize the realization of the rights of youth given
their evolving capacities as they transition into adulthood.
Alongside the conventions, there are
a number of global, regional, and national policies, which support and advocate
for meaningful youth participation in decision-making, and offer concrete
suggestions for how national, bilateral, regional, and multilateral agencies
can increase political participation of youth. These have undoubtedly helped
bring youth issues to the forefront of government priorities and into the focus
of EMBs. See Annex: Timeline of International Youth Participation in
Democracy and Peace, which includes more details on the international and
regional frameworks in place to foster the political participation of youth.
During the 2010s, the international
community re-affirmed its commitment to youth participation in several
resolutions, charters and action plans. Examples are the African Youth Charter[vi] and the EU Strategy for Youth[vii], both of which highlight the value of
increased information and capacity development to ensure that young people are
equipped with the necessary knowledge and skills to become active citizens and
leaders in their communities. With the adoption of the 2030 Agenda for
Sustainable Development, 193 United Nations Member States pledged to ensure “no
one will be left behind” and to “endeavour to reach the furthest behind first.”
It is acknowledged that youth are among the left behind across the countries
and the needs to empower youth in the field of governance is emphasized.
International instruments and
frameworks provide a solid foundation for countries to develop legislation, policies,
and practices to foster the full participation of youth in their political
and electoral processes. A clear understanding of the international legal framework can likely help EMBs to ensure
that electoral laws and processes comply with international standards and that
youth-sensitive strategies and program are developed accordingly. See Annex: International Normative and Policy
Framework
[i]
The Universal Declaration of Human Rights has codified
everyone’s “right to take part in the government of his country, directly or
through freely chosen representatives” (Article 21), (Paris: United Nations
(UN)), www.un.org/en/universal-declaration-human-rights/.
[ii]
The International Covenant on Civil and Political Rights
specifies in Article 25 everyone’s “right and the opportunity, without any of
the distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely
chosen representatives; (b) To vote and to be elected at genuine periodic
elections which shall be by universal and equal suffrage and shall be held by
secret ballot, guaranteeing the free expression of the will of the electors”,
UN General Assembly, “International Covenant on Civil and Political
Rights,” Treaty Series 999, (UN, 1966), https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668-English.pdf.
[iv] The Youth
Rights Convention was driven forward by the European Youth Forum, after the
2011 Youth Rights Symposium, Andreas Karsten, Adult Responsibilities, Rights of
Minors: Youth Rights – More than a Timely Slogan?" (youthpolicy.org, July
26, 2013),
http://www.youthpolicy.org/blog/youth-policy-young-people/youth-rights-timely-slogan/.
[vii]
European Commission, “An EU Strategy for Youth
— Investing and Empowering: A Renewed Open Method of Coordination to
Address Youth Challenges and
Opportunities,” (European Commission, 2009), eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0200:FIN:EN:PDF.
