INTERNATIONAL CONVENTION ON THE RIGHTS OF THE YOUTH (Draft)
PREAMBLE
States Parties to this Convention,
guided by the purposes and principles of the Charter of the United Nations and the Universal Declaration of Human Rights and the International Covenants on Human Rights, as well as other international human rights treaties,
considering that, in accordance with the principles enshrined in the Charter of the United Nations, the recognition of the inherent dignity, equal and inalienable rights of all members of society is the basis for ensuring freedom, justice and peace,
considering that, the parties of the UN have affirmed faith in fundamental human rights, in the dignity and worth of the human person in the Charter, and are determined to promote social progress and better living conditions with greater freedom,
recognizing that in all countries the youth is one of the basic human resources necessary for development goals, and is also the main vehicle for social transformation, economic development and technological progress,
considering that the current social and economic conditions as well as the well-being and living conditions of future generations will depend on the way in which the problems of the youth are addressed and their potential opportunities are realized in the framework of the policy,
recognizing that in all regions of the world young men and women seek full participation in society,
considering that young people are agents, beneficiaries and victims of major changes in society in the context of globalization and rapid development of information and communication technologies;
recognizing that, in all countries of the world there are young people living in extremely difficult conditions and that they need special attention and support;
considering that the youth makes up a significant part of the world’s population, and that ways to solve problems and issues of unleashing the potential of young people will affect socio-economic conditions as well as the well-being of the future generations and ensuring their livelihoods,
proceeding from the conviction that educating the young generation in the spirit of peace, mutual respect and understanding between nations can contribute to improving international relations and strengthening peace and security, that the youth shall be confident in their future, that peace, freedom and justice are one of the main guarantees of implementation of their aspirations for a happy life, and that the young generation shall know, respect and develop the cultural heritage of their country and all of the humanity,
taking due account of the importance of the traditions and cultural values of each nation for the protection and harmonious development of the young generation,
stating that a number of representatives of the young generation, due to various external and internal factors, being subjected to massive informational-ideological and informational-psychological influence, imposing alien values and false religious ideas, find themselves involved in terrorist, separatist and extremist activities,
recognizing the importance of comprehensive international cooperation to improve the living conditions of youth in every country,
have agreed as follows:
Article 1.
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.
Article 2.
Definitions
For the purposes of this Convention, the following definitions apply:
youth (young people) – persons between the ages of eighteen and thirty, inclusive, who make up a special demographic group of the population;
state youth policy – a system of national priorities and measures aimed at protecting and promoting the rights and freedoms of young people, creating conditions and opportunities for successful socialization and effective self-realization of youth, providing for the creation of the best conditions for wider access to quality education and health services, decent work, and participation in the management of the state and society, the socio-economic and cultural development of their country and the strengthening of national security.
Article 3.
Protection of youth from discrimination
1. States Parties to this Convention undertake to ensure that youth within their jurisdiction enjoy all civil, political, economic, social and cultural rights without discrimination, regardless of race, skin color, gender, language, religion, political or other beliefs, national, ethnic or social origin, property status, their parents or legal guardians, age, state of health or any other circumstances.
2. States Parties prohibit discrimination against the youth and take all necessary legislative, administrative and other measures to effectively exercise their rights, freedoms and interests.
3. States Parties shall take temporary special measures to ensure reasonable accommodation for young people that are not discriminatory against other categories of the population in order to promote equality and eliminate discrimination against young people.
4. States Parties shall take all necessary measures to eliminate all forms of discrimination against female youth in order to remove all obstacles to ensuring equality between men and women as well as to improve the status and empowerment of female youth in ensuring their full and equal access to human rights of young people.
Article 4.
Obligations of States in the field of youth policy
1. Each state-party undertakes to implement the youth policy, which is a system of organizational-legal, socio-economic measures implemented by the state and providing for the creation of conditions for the social formation and development of the intellectual, creative and other potential of young people.
2. States Parties shall prioritize the respect for human rights and the development of democracy in the context of the youth policies aimed at creating favorable conditions for the state to ensure:
the use of appropriate and effective means to publicize the principles and provisions of this Convention to both adults and young people;
ensuring the rights, freedoms and legitimate interests of the youth;
educating young people in the spirit of patriotism, citizenship, tolerance, respect for laws, national and universal values, able to withstand harmful influences and trends, with strong beliefs and outlooks on life;
full compliance for the rights of young people, respect for their human dignity, as well as conditions that encourage a commitment to the rule of human rights;
the active participation of young people in democratic processes and their wider representation in democratic structures;
equal opportunities for participation of all young people in all aspects of everyday life;
effective measures to combat gender inequality and all forms of violence and gender discrimination;
increasing the number of educational events and training programs that raise young people’s awareness of environmental issues and sustainable development;
accessibility of information and advisory resources focused on the needs of the youth;
promoting the spiritual, intellectual, physical and moral development of the youth;
protecting the youth from actions leading to undermining moral principles, ideas of terrorism and religious extremism, separatism, fundamentalism, the cult of violence and cruelty;
raising the level of legal awareness and legal culture of the youth;
3. States Parties contribute to the development of intercultural dialogue, solidarity and skills of coexistence and mutual understanding, due to the strengthening of socio-cultural diversity in the modern world, through:
giving to young people the right to develop and support, first of all, intercultural dialogue and cooperation;
suppression and preventing all forms of discrimination on any of the possible grounds and signs;
comprehensive support for youth organizations and initiatives for the prevention and management of conflicts, as well as post-conflict settlement through the establishment of intercultural and inter-religious dialogue;
promoting youth initiatives to work with refugees and socially vulnerable categories of the youth;
supporting the development of solidarity and cooperation at the global level, with international organizations involved in the implementation of the rights and freedoms of the youth.
4. States Parties contribute in every way to strengthening the social integration of youth, which implies:
implementation of economic, social and cultural rights to the maximum extent of their available resources and, if necessary, in the framework of international cooperation;
reducing youth poverty as a cause and consequence of youth discrimination;
supporting initiatives for social inclusion of the vulnerable groups of the youth;
providing young people with free access to education, training and professional activities, especially through the development and recognition of the results of non-formal education and training;
assistance to young people in the transition from education to work, their integration into the modern labor market;
comprehensive protection from forced labor;
creation of conditions to ensure the right to health for the youth, as a separate demographic segment, including measures to combat diseases such as HIV / AIDS and malaria, to protect against dangerous drugs and from the effects of addiction, abuse of tobacco products and alcohol;
taking measures to reduce mortality and prevent youth suicide;
the formation of youth’s desire for a healthy lifestyle, as well as the creation of conditions for organizing meaningful leisure for youth and the mass development of youth sports;
taking measures to improve the lives of young people, including young people with disabilities, living in particularly difficult conditions, including through the protection of their rights, by promoting their full employment;
the importance of protecting and properly using natural resources to meet the current needs of young people without jeopardizing future generations;
supporting the promotion of intergenerational dialogue, through promoting their solidarity;
creation of conditions for the development of youth entrepreneurship;
development and implementation of a comprehensive system of measures for the moral and material support of young families, the creation of decent housing, social and household and other favorable conditions for them to improve the standard of living, the adoption of systemic measures to prevent gender inequality in the field of family and marriage relations, the elimination of violence against women and children in the family, early marriage and forced sterilization of women.
In all actions regarding the youth, regardless of whether they are undertaken by public or private institutions dealing with social security issues, judicial, administrative or legislative bodies, the priority is given to the best interests of the young people.
Article 5.
The right of the youth to receive comprehensive support and protection of their family
1. States Parties shall take appropriate measures to ensure:
comprehensive support for creating a family upon reaching marriageable age on the basis of free and full consent of young people entering into marriage;
recognition of the right of youth to free and responsible decision-making on the number of children, the intervals between their births.
2. States Parties prioritize respect for universally recognized human rights and the development of democracy in the context of youth policies aimed at creating an enabling environment by the state to ensure:
using appropriate and effective means to widely inform both adults and young people about the principles and provisions of this Convention;
rights, freedoms and legal interests of youth;
educating young people in the spirit of patriotism, citizenship, tolerance, respect for laws, national and universal values, capable of resisting harmful influences and trends, with strong convictions and outlook on life;
full respect for the rights of young people, respect for their human dignity, as well as conditions that promote adherence to the rule of human rights;
active participation of young people in democratic processes and their wider representation in democratic structures;
equal opportunities for all young people to participate in all aspects of daily life without exception;
effective measures to combat gender inequality and all forms of violence and discrimination;
increasing the number of educational activities and training programs that raise awareness among young people about environmental and sustainable development issues;
availability of information and advisory resources focused on youth needs;
promoting the spiritual, intellectual, physical and moral development of youth;
protecting young people from actions that undermine moral foundations, ideas of terrorism and religious extremism, separatism, fundamentalism, the cult of violence and cruelty;
raising the level of legal awareness and legal culture of young people;
support and stimulation of gifted and talented youth.
3. States Parties undertake to create and ensure economic, social, cultural and other conditions that contribute to the preservation of the institution of the family and family values, as well as the healthy development of young people in it.
Article 6.
The right of the youth to public support and care
- The youth has the right to public support and care.
- States Parties, in the framework of the state youth policy, should:
develop and maintain a system of state institutions for assistance and protection of the youth. State youth policy is formed and implemented by state authorities and local self-government with the participation of youth and childrenʼs public associations, non-governmental organizations, social support services and other legal and physical entities;
strengthen local, national, regional and global partnership and cooperation mechanisms, including between youth organizations and governments;
strengthen the capacity of youth organizations involved in peace, security, humanitarian activities and the fight against climate change in order to increase the effectiveness of their work and their organizational sustainability.
Article 7.
Legal personality and equality before the law
States Parties recognize the right of youth to equality before the law, protection, fair and dignified treatment, access to justice.
Article 8.
The right to participate in decision-making at the national and international levels
1. States Parties shall ensure the active participation of youth and youth organizations in society at the national level, increase youth representation in political institutions by setting a minimum age for voting and nominating candidates for parliamentary elections, and remove barriers to the involvement of young people of both sexes in public life and participation in it.
2. States Parties shall ensure the participation of youth in the development of legislation and in the formulation, monitoring and implementation of policies affecting their lives, as well as promote the creation of youth councils addressing issues related to youth policy, addressing youth issues in government, representing and protecting the interests of youth, interaction with the government in solving youth problems.
3. States Parties shall promote the interaction of youth non-governmental organizations in the form of active participation of youth representatives in the work of UN bodies, encourage the inclusion of all the rights of young people in the course of activities of all treaty bodies, special procedures and other human rights mechanisms and to emphasize the importance of protecting youth human rights defenders and their organizations.
Article 9.
The right of the youth to privacy
Each youth representative has the right to respect for private life, the right to privacy, the privacy of correspondence, the right to protect the individual and the right to protect personal status.
Article 10.
The right of youth to protection from violence and exploitation
1. Young people should not be subjected to violence or exploitation and are entitled to guaranteed protection by the state.
2. Each State-Party takes effective legislative, administrative, judicial and other measures to prevent acts of any kind of violence and exploitation of youth in any territory under its jurisdiction, including forced labor in agriculture, economic discrimination and exploitation in the field of work.
3. Each State-Party shall take the necessary measures to ensure the protection of foreign or stateless youth from violence and exploitation.
4. States Parties shall take such measures based on the necessity to prevent exploitation, abuse or sexual violence or any other form of violence or abuse against young people.
5. No exceptional circumstances, whatever it may be, whether it is a state of war or the threat of war, internal political, economic instability or any other emergency, can justify violence or exploitation of youth, including violence and harassment in the workplace, domestic violence against women and corporal punishment of the youth.
Article 11.
The right to liberty and personal integrity
1. States Parties shall take specific protection measures in the interest of youth with regard to their physical and mental integrity and safety, as well as against torture and cruel, inhuman or degrading treatment, and contribute to the physical, psychological and economic recovery of victims.
2. A State-Party promote the protection of the right to freedom and security of youth, guarantee the rights of youth to protection from arbitrary arrest, detention, imprisonment and other attacks on personal integrity.
3. Persons of a young age should be able to be heard in any judicial or administrative proceedings affecting them, either directly or through a representative or the appropriate body in the manner prescribed by the procedural rules of national legislation and international law, and have the right to dignified treatment and reintegration into society.
Article 12.
The right of the youth to freedom of movement
1. Young people have the right to freely move around the country, choose their place of residence and stay, leave their own and any other country and return back in accordance with the rules and procedures provided for by the legislation of the States Parties.
2. States Parties, in order to prevent the involvement of youth in armed conflicts on various grounds (extremism, terrorism, separatism), including movement across the international border as a refugee or migrant, or within the country, take all necessary measures in accordance with national legislation and international law to curb the illegal movement of youth.
Article 13.
Monitoring of the implementation of the Convention, data collection and assessment
1. States Parties shall analyze information, including statistical and research data, to enable them to develop and implement strategies for the implementation of the provisions of this Convention. In the process of collecting and storing this information, they agree to:
а) comply with legally established safeguards, including data protection legislation, to ensure the confidentiality and privacy of the youth;
b) comply with internationally recognized standards regarding the protection of human rights and fundamental freedoms, as well as ethical principles in the collection and use of statistical data.
2. The information collected in accordance with this article is appropriately disaggregated and used to help assess how States Parties fulfill their obligations under this Convention, and to identify and remove barriers that the youth face in exercising their rights.
3. States Parties take responsibility for disseminating these statistics and make them accessible to young people and others.
4. States Parties in accordance with their organizational structure, shall designate one or more authorities in the Government in charge of matters related to the implementation of this Convention and shall duly study the possibility of establishing or appointing a coordination mechanism in the Government to facilitate relevant work in various sectors and at different levels on youth rights issues.
5. States Parties in accordance with their legal and administrative structure shall maintain, strengthen, appoint or establish a structure including, where appropriate, one or more independent mechanisms for the promotion, protection and monitoring of the implementation of this Convention. In designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for human rights protection and promotion.
6. Civil society in particular the youth and their representative organizations, are fully involved in the monitoring process and participate in it.
Article 14.
International cooperation on the rights of the youth
1. States Parties recognize the importance of international cooperation and its encouragement in support of national efforts to achieve the goals and objectives of this Convention and take appropriate and effective measures in this regard along the interstate line, and, where appropriate, in partnership with relevant international and regional organizations and civil society, in particular, youth organizations. Such measures could, inter alia, include:
a) international development programs, embraces problems of the youth and is accessible to them;
b) mutual exchange of information, experience, programs and best practices;
c) promoting cooperation in research and access to scientific and technical knowledge;
d) providing technical and economic assistance, including by facilitating access to and exchange of technologies, as well as through technology transfer.
2. The provisions of this article shall not affect the obligations of each State Party to fulfill its obligations under this Convention.
Article 15.
UN Committee on the Rights of the Youth
1. In order to review the progress made by States Parties in fulfilling the obligations undertaken under this Convention, Committee on the Rights of the Youth is established to carry out the functions provided for below.
2. The Committee shall consist of ten experts with high moral standards and recognized competence in the field covered by this Convention. Members of the Committee are elected by States Parties from among their citizens and act in their personal capacity, with attention being paid to equitable geographical distribution, as well as to the main legal systems.
Members of the Committee are elected by secret ballot from the list of persons nominated by the participating States. Each participating State may nominate one person from among its citizens.
3. The initial elections to the Committee shall be held no later than six months after this Convention enters into force, and subsequently once every two years. At least four months before the day of each election, the Secretary-General of the United Nations writes a letter to the States Parties inviting them to submit their candidacy within two months. The Secretary-General shall then draw up in alphabetical order a list of all persons so nominated, indicating the States Parties that have nominated these persons, and submit this list to the States Parties to this Convention.
4. Elections are held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At these meetings, in which two-thirds of the participating States constitute a quorum, those candidates who received the largest number of votes and an absolute majority of the votes of the representatives of States Parties present will be elected to the Committee.
5. Committee members are elected for a four-year term. They have the right to be re-elected if their candidatures are re-nominated. The term of five members elected in the first election shall expire at the end of the biennium; immediately after the first election, the names of these five members are determined by lot by the Chairperson of the meeting.
6. In the event of the death or resignation of a member of the Committee, or if he or she for any other reason can no longer perform the duties of a member of the Committee, the State Party that nominated this member of the Committee shall appoint another expert from among its citizens for the remaining term subject to approval by the Committee.
7. The Committee sets its own rules of procedure.
8. The Committee elects its officers for a two-year term.
9. Sessions of the Committee shall normally be held at United Nations Headquarters or at any other suitable place as determined by the Committee. The committee usually holds its sessions annually. The duration of the Committee session shall be determined and, if necessary, reviewed at a meeting of the States Parties to this Convention, subject to approval by the General Assembly.
10. The Secretary-General of the United Nations shall provide staff and equipment for the effective exercise by the Committee of its functions in accordance with this Convention.
11. Members of the Committee established in accordance with this Convention shall receive remuneration approved by the General Assembly from the funds of the United Nations in the manner and under the conditions established by the General Assembly.
Article 16.
National /periodical reports
of States Parties and their consideration
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to consolidate the rights recognized in the Convention and on the progress achieved in the implementation of these rights:
within two years of the entry into force of the Convention for the State Party concerned;
subsequently, such reports are to be submitted every five years.
2. Reports submitted in accordance with this article shall indicate factors and difficulties, if any, affecting the degree of fulfillment of obligations under this Convention. The reports also contain sufficient information in order to provide the Committee with a full understanding of the Convention in this country.
3. Reports on the activities of the Committee are submitted every two years to the General Assembly through the United Nations Economic and Social Council.
4. States Parties shall make their reports widely public in their own countries.
Article 17.
Cooperation of the Committee with other UN bodies
1. In order to facilitate the effective implementation of the Convention and to promote international cooperation in the field covered by this Convention:
a) specialized agencies and other bodies of the United Nations are entitled to be represented when considering matters of the implementation of such provisions of this Convention that fall within their competence. The Committee may invite the specialized agencies and other competent authorities, when it considers it appropriate, to submit expert opinions on the implementation of the Convention in those areas that fall within the scope of their respective powers. The Committee may invite specialized agencies and other United Nations bodies to submit reports on the implementation of the Convention in areas falling within the scope of their activities;
b) The Committee shall forward, when it considers it appropriate, any reports of the participating States that contain a request for technical advice or assistance or indicate the need for it, as well as the Committee’s comments and suggestions, if any, regarding such requests or directions to the specialized agencies and other competent bodies;
c) The Committee may recommend to the General Assembly that it invite the Secretary-General to conduct studies on her behalf on specific issues related to the rights of the youth;
d) The Committee may make suggestions and recommendations of a general nature based on information received in accordance with articles 15 and 16 of this Convention. Such proposals and recommendations of a general nature shall be transmitted to any interested State Party and communicated to the General Assembly along with comments by States Parties, if any.
Article 18.
Activities of the Committee
1. States Parties shall meet regularly at the Conference of the States Parties to consider any matter relating to the implementation of this Convention.
2. Not later than six months after the entry into force of this Convention, the Secretary-General of the United Nations shall convene a Conference of the States Parties. Subsequent meetings are convened by the Secretary-General once every two years or by decision of the Conference of the States Parties.
Article 19.
Signature of the Convention and its ratification
1. This Convention is open for signature by all States.
2. This Convention is subject to ratification. Instruments of ratification must be deposited with the Secretary-General of the United Nations.
Article 20.
Accession to the Convention
This Convention is open for signature by any state. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 21.
Entry into force of the Convention
1. This Convention shall enter into force on the thirtieth day after the date of deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State that ratifies or accedes to this Convention after the deposit of the twentieth instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the deposit of its instrument of ratification or accession by that State.
Article 22.
Amendments to the Convention
1. Any State Party may propose an amendment to this Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall transmit the proposed amendment to the States Parties with a request to indicate whether they are in favor of convening a conference of the States Parties in order to consider and vote on these proposals. If, within four months from the date of such communication, at least one third of the States Parties favor a conference, the Secretary-General shall convene the conference under the auspices of the United Nations.
2. Any amendment adopted by a majority of the States Parties present and voting at this conference shall be submitted to the United Nations General Assembly for approval.
3. An amendment adopted in accordance with paragraph 1 of this article shall enter into force upon approval by the General Assembly of the United Nations and its adoption by a two-thirds majority of the States Parties.
4. When an amendment enters into force, it becomes binding on those States Parties that have accepted it, and on other States parties the provisions of this Convention and any previous amendments that they have adopted remain binding.
Article 23.
Reservations
1. The Secretary-General of the United Nations receives and distributes to all States the text of reservations made by States at the time of ratification or accession.
2. Reservations incompatible with the purposes and objectives of this Convention shall not be permitted.
3. Reservations may be withdrawn at any time by appropriate notification addressed to the Secretary-General of the United Nations, who then reports this to all States. Such notification shall enter into force on the day it is received by the Secretary General.
Article 24.
Denunciation
A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt by the Secretary General of such a notification.
Article 25.
Depositary
The Secretary-General of the United Nations is designated as the depositary of this Convention.
Article 26.
Authentic Texts
The texts of this Convention in English, Arabic, Spanish, Chinese, Russian and French are equally authentic.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
