ABSTRACT

Within human rights law, there are a number of explicit rights to participation within particular contexts. Participatory rights were originally provided for women. These rights are mostly now reflected in other instruments for men, women, and children. Persons with disabilities have an explicit right to participate in the implementation of the International Convention on the Rights of Persons with Disabilities. Children have a right to have their views heard in matters that affect them; a principle that has been interpreted to apply for children collectively as well as individually. This Chapter provides some arguments that this principle should also apply to adults. Indigenous and other peoples have a right to self-determination which gives them a right to participate in issues that affect them and to provide their free, prior, and informed consent before developments that may interfere with their way of life. Minority rights have been interpreted to provide a right to participation and migrants have an explicit but limited right to participation. International review processes have been carried out in a way that encourages participation, though there is little evidence that such participation is a legal requirement. There is also an explicit right for families of victims to participate in the International Convention for the Protection of All Persons from Enforced Disappearance.