CONCEPT NOTE to the draft International Convention on the Rights of the Youth

I. Relevance of the adoption of the Convention

The idea of developing and adopting an International Convention on the Rights of the Youth was put forward by the President of the Republic of Uzbekistan Sh. Mirziyoyev at the 72nd session of the UN General Assembly on September 19, 2017, where the need to develop international standards for the protection of youth rights was revealed:

1. The experience of recent decades convincingly shows that in a rapidly changing world, the advantages will be enjoyed by those countries that can intensively develop, effectively accumulate and productively realize human capital and innovative potential, the main carrier of which is youth.

2. The current generation of youth is the largest ever in the world, and therefore further efforts must be made to ensure that all human rights of youth are respected, protected and fulfilled, including all economic, social, cultural, civil and political rights, with given that lack of participation and lack of opportunity have negative consequences for youth.

3. Young people carry certain ideas, values, forms and methods of economic and social activity, which do not always coincide with the worldview and attitudes of the older generation. But it is the youth who will determine tomorrow’s society in which we all have to live.

4. The young generation, as a social subject, needs comprehensive support from the state and society, the allocation of significant resources aimed at the development of youth, the creation of a modern infrastructure of state youth policy related to human rights.

5. Focusing on youth rights and empowering youth can lead to more equal societies and positive social change, and youth can make key contributions to finding ways to tackle the many challenges today, including peace and security and related issues. challenges such as maintaining human rights in an era of constant growth in technological progress.

6. Data from international comparative studies of the state of youth are alarming. On the Youth Development Index (YDI), measured in five key areas: education, health and well-being, employment, and civic and political participation, many countries rank low among 170 countries.

7. The decline in the general level of health of the younger generation, the lack of a formed culture of a healthy lifestyle, the persistence of a high level of morbidity among young people, drug and alcohol consumption, tobacco smoking, a high number of abortions and low reproductive attitudes are of concern.

There is an increase in nationalist, xenophobic sentiments, extremist manifestations, marginalization and criminalization of the youth environment in regions with pronounced youth unemployment.

8.It is important to develop international criteria for who can be attributed by age to the youth segment of the population and to consolidate this definition in an international document establishing the rights of youth and the obligations of states to ensure them. According to the United Nations World Program of Action for Youth, youth refers to people between the ages of 15 and 24. Along with this, UN Security Council Resolution 2250 on Youth, Peace and Security defines the age range for youth from 18 to 29 years old. In the United Nations Human Settlements Program, the term “youth” refers to persons between the ages of 15 and 32. The African Youth Charter defines “youth” as everyone between the ages of 15 and 35, the European Commission classifies persons aged 15-29 as “youth”, the Ibero-American Convention on the Rights of Youth defines the rights of persons aged 15-24 years old. It should be emphasized that this diversity of approaches can create problems, especially since the challenges faced by 15-year-olds are different from those faced by 29-year-olds.

9.The absence of an international legally binding document does not contribute to the formation of a modern legislative framework in the field of state youth policy.

Analysis of the situation in the field of ensuring the rights of youth in the world shows that the policy of states in the field of youth should be based not only on the current international system of human rights, but also on the principles and norms enshrined in a special international document on the rights of youth: the International Convention on the Rights of the Youth, which should be the result of international analysis and generalization of the positive experience accumulated by states in the implementation of youth policy, the development of generally recognized principles and norms for the protection of youth rights, in a single codified international act.

Previously adopted international documents on youth rights do not contain criteria for assessing progress in achieving the broad goals set out in them. The Convention seeks to reflect specific goals and indicators to flesh out youth development targets at the national and international levels so that they can better track progress across countries.

Thus, in order to more effectively apply international standards of youth rights, it seems timely to prepare and adopt a unified international document on youth rights – the UN Convention on the Rights of the Youth, taking into account international and national experience in regulating topical aspects of protecting youth rights.

II. Purpose of the Convention

The purpose of this Convention is to strengthen efforts made at the global, regional and country levels to meet the needs of the youth, to strengthen the capacities and expand the rights, freedoms and best interests of the youth in all their diversity around the world.

The Convention establishes a broader sense of the concept of youth policy as a policy of various spheres and sectors of life: both the public and private sectors, and the active work of non-governmental organizations aimed at young people.

III. The main objectives of the Convention:

· The UN Convention on the Rights of the Youth is designed to contribute to the responses to the challenges and opportunities facing states in the development of youth, to determine the goals, priorities and instruments of state policy in relation to youth. The convention sets long-term development guidelines for the subjects of youth policy, as well as the parameters for investment in youth programs, projects, public youth associations and in the infrastructure of youth policy;

· The Convention draws on research findings on global competition, investment in human capital, the situation of youth and the state of the youth policy area;Конвенция опирается на результаты исследований глобальной конкуренции, инвестиций в человеческий капитал, положения молодежи и состояния сферы молодежной политики;

· The Convention is aimed at expanding the opportunities for intensive growth of the human capital of young people by facilitating access to state and public services at the stage of growing up, developing the ability to make informed life decisions;

· The Convention considers youth as an active subject of the transformation of society, a driver of development and leadership of states, and an object of socialization.

• taking into account the interests and needs of various groups of young people;
• participation of young citizens in the development and implementation of priority areas of state youth policy;
• taking into account the material, social, educational, emotional, cultural and spiritual needs of young people and their problems;
• giving special attention and support to young people living in difficult conditions and in a socially dangerous situation;
• gender equality in all spheres of youth life;
• strengthening the institution of the family and its influence on the spiritual and moral education of young people;
• recognizing the diversity of young people and the need to promote and protect human rights at all stages of their development;
• promoting the formation of a national youth policy;
• international cooperation and deepening exchange of experience between different states, taking into account the needs of young people.

V. Expected results of the adoption of the Convention:

· the age characteristics of young people will be determined,taking into account the adopted international documents on the rights of youth, it is proposed to establish the age of definition of youth from eighteen to thirty years inclusive;

· It will be established a list of international obligations of states in the field of youth policy;

· It will be adopted state programs on the development of youth in the long term, as well as the impact on changes in domestic legislation;

· It will allow to form a modern international model of vision of the prospects for youth development, including setting specific goals and measurable indicators;

· It will help implement the UN Youth 2030 Strategy and ultimately ensure the achievement of the Sustainable Development Goals;

· It will enable the formation of more equal societies and positive social change;

· It will provide young people around the world with real opportunities for their full, effective and constructive participation in society;

· It will facilitate the development of intercultural dialogue, solidarity and skills of coexistence and mutual understanding.

The draft text of the UN Convention on the Rights of Youth was presented for broad discussion to the participants of the Sixth Annual Seminar of the Independent Standing Commission on Human Rights of the Organization of Islamic Cooperation on the topic: “The importance of promoting and protecting the rights of youth for building peaceful democratic societies and sustainable development” (October 7-8, 2019 in Tashkent), and is included in the final document of the “Tashkent Declaration” of the seminar of the Independent Commission on Human Rights of the Organization of Islamic Cooperation.

Discussion of the draft Convention will continue at the Samarkand Forum on Human Rights, which will be held within the framework of the UN–75 initiative(August 12-13, 2020).

Appendix

STRUCTURE OF THE DRAFT UN INTERNATIONAL CONVENTION ON THE RIGHTS OF THE YOUTH

• Preamble to the Convention

• Article 1. Purpose of the Convention

· Article 2. Definitions

· Article 3. Protection of youth from discrimination

· Article 4. Obligations of States in the field of youth policy

· Article 5. The right of the youth to receive comprehensive support and protection of their family

· Article 6. The right of the youth to public support and care

· Article 7. Legal personality and equality before the law

· Article 8. The right to participate in decision-making at the national and international levels

· Article 9. The right of the youth to privacy

· Article 10. The right of youth to protection from violence and exploitation

· Article 11.The right to liberty and personal integrity

· Article 12.The right of the youth to freedom of movement

· Article 13.Monitoring of the implementation of the Convention, data collection and assessment

· Article 14.International cooperation on the rights of the youth

· Article 15.UN Committee on the Rights of the Youth

· Article 16.National /periodical reportsof States Parties and their consideration

· Article 17.Cooperation of the Committee with other UN bodies

· Article 18.Activities of the Committee

· Article 19.Signature of the Convention and its ratification

· Article 20.Accession to the Convention

· Article 21.Entry into force of the Convention

· Article 22.Amendments to the Convention

· Article 23.Reservations

· Article 24.Denunciation

· Article 25.Depositary

· Article 26.Authentic Texts