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Encyclopaedia   Youth and Elections   YOUTH: LEGISLATIVE AND POLICY FRAMEWORK  
National Legal Framework

A youth-friendly legal framework is crucial in enabling youth political participation. In one-third of countries, laws stipulate an eligibility age to run for parliament at 25 years or higher, creating a gap between the legal age of majority and/or voting age, on the one hand, and the age at which an individual can serve in elected office.

Since national governments and parliaments can review the legal framework, they can consider:

 

  • aligning the minimum voting age and the minimum age of eligibility to run for office where appropriate (i.e. where the voting age is 18 or above, as it may be controversial in cases of voting age set below 18)
  • introducing youth and women’s quotas in electoral laws (bearing in mind that this may only be appropriate under certain electoral systems). If this is introduced, it should be done in a manner that effectively ensures the inclusion of women and youth and avoids a “pool” quota of specialized groups (for example youth, women, people with disabilities), which could cause competition among them.
  • identifying and addressing context-specific legal barriers to youth participation, such as to make it easier for youth-led organizations to register as legal entities.

Constitutions

Formerly written in closed-door meetings by mostly male and elder legislators, constitutions are now usually drafted in more open and transparent processes that include all citizens. The increased involvement of historically excluded groups often has resulted in the incorporation of special provisions to foster political participation of youth. 

In 2012–2013, UNDP supported a nationwide dialogue between National Constituent Assembly (NCA) members and citizens and CSOs in all 24 of Tunisia’s governorates. A total of 80 Assembly deputies were provided with training in both legislative and constitutional drafting, and in public consultation techniques. More than 6,000 citizens, 300 CSOs and 320 university representatives provided input during the dialogue. A national survey of 1,100 young people provided detailed information on the desires and expectations of Tunisian youth, the segment of the population whose exclusion sparked the 2011 revolution.[i] Article 8 of the Constitution acknowledges the role of youth with this language: Youth are an active force in building the nation. The state seeks to provide the necessary conditions for developing the capacities of youth and realizing their potential, supports them to assume responsibility, and strives to extend and generalize their participation in social, economic, cultural and political development.

Constitutions with special provisions for historically marginalized groups lay a strong foundation to foster broad and comprehensive electoral processes. Because constitutions are the highest law within legal systems, they give relevant stakeholders (including EMBs) a possible instrument to develop targeted interventions to promote the participation of historically excluded groups, which can include youth. 

Youth policies and strategies

The increasing focus on youth participation by international actors such as the United Nations and other development organizations has, since the beginning of the 21st century, given rise to a number of events, declarations, and calls for actions to enhance the quality of youth participation in decision-making processes. In responding to this agenda and the 2015 SDGs, national governments have written or updated their youth policies and strategies: 127 countries in 2016 had a national youth policy (up from 99 countries in 2013).[ii] National policies provide an operational framework for multiple actors to develop concrete actions to facilitate meaningful participation of youth in decision-making processes. 

Many countries have developed national strategies and action plans but there are often challenges surrounding their implementation. Commonly there is a lack of resources allocated to their implementation, and a lack of horizonal accountability and lack of political incentives. Morocco provides an example of a comprehensive plan and strategy, including concrete action plans, preliminary indicators of implementation outcomes, and extensive an M&E plan 

While having a national policy does not on its own guarantee effective youth participation, it is a starting point. National youth policies can mandate government actions, set targets, and provide impetus for organizations to increase youth participation in a range of decision-making processes and strategies. These processes include youth parliaments, youth participation in consultative forums, dialogues, peace-making processes, and policy-making bodies.