• Legislative reform should be conducted in a participatory manner, paying particular attention to the views of children at all stages. Legislative reform processes must be inclusive and adapted to allow all children, including vulnerable and marginalised children, to take part in the process.

• States Parties should presume that children have the capacity to form their own views and recognise their right to be heard (CRC GC 12, para. 20). All children, including children who may experience difficulties in expressing themselves and making their views heard, should be given the opportunity to be heard. States Parties are encouraged to consult with children from the earliest age in line with their evolving capacities, best interests and right to protection from harmful experiences (CRC GC 7, para. 14).
• To ensure children’s effective and meaningful participation in the children’s rights legislative reform process, States Parties should:

Secure their investment in the process through laws and policies, and ensure the process is supported by sufficient investment.

• Enact laws which guarantee the children's right to participate in all matters affecting them, including in legislative reform. This should also extend to their right to freedom of expression, including freedom to seek, receive and impart information (see article 13 CRC) on the children’s rights legislative reform process; and the rights to freedom of peaceful assembly and to freedom of association to make their views heard on the need for reform and what it should include (see article 15 CRC);
• Ensure that these laws and policies are specific and provide guidance on the format, structure, operation and evaluation of the child participation mechanisms used during the legislative reform;
• Make sufficient resources available, including financial resources, to ensure sustainable and effective child participation mechanisms are introduced and maintained.

Strengthen children’s agency, capacity and knowledge to participate in legislative reform.

• Include child rights education as part of national curricula (see also Non-legal measures to support incorporation of children's rights).
• Provide children with timely information in language and formats that they can understand, including accessible formats for children with disabilities.

Create a political, social and cultural environment conducive to participation in the children’s rights legislative reform process

• Facilitate direct contact between children and decision-makers who will be developing and adopting legislation;
• Provide adequate training and support to adults (e.g. members of the executive and the legislative) engaging with children;
• Promote the benefits of child participation with the adults working on the children’s rights legislative reform, as well as with the wider community, leading to general widespread acceptance of the practice;
• Mainstream children’s voices in legislative reform processes.

Build quality spaces and processes for child participation in legislative reform.

• Create dedicated physical and online spaces for children to participate in legislative reform.
• Establish and implement child safeguarding procedures throughout the process, in order to prevent and address any harm to children as a result of their participation (see Lansdown 2011).
• Ensure that the process is fully transparent and clearly explained to all involved. The explanation to children of the way they will be involved in the legislative process and the manner in which their voice will be taken into account should be done in a format and language they understand.

Build inclusive structures, involving vulnerable and marginalised children.

• Include diverse groups of children, especially children from deprived and marginalised groups, in child participation processes.
• Where necessary, introduce measures to accommodate children’s particular circumstances with a view to reducing discrimination and exclusion.

Ensure accountability, feedback and follow-up.

• Set up mechanisms for feedback, evaluation and monitoring of the child participation mechanisms used during the children’s rights legislative reform.
• Ensure that the evaluation is undertaken by independent monitoring bodies.
• Provide feedback directly to children who have participated in one of the feedback mechanisms, in a timely manner and in a format that is easily accessible and understandable to them.

When carrying out consultations with children, States could use the Lundy model of child participation:

• Adopting a participatory and open process, involving all stakeholders, is essential to ensure that legislation connects adequately to children’s rights and challenges concerning children’s rights implementation. Broad consultations are central to the process of legislative reform.
• In addition to children, States Parties should engage with a wide range of actors in the children’s rights legislative reform process, in particular:
  • Organisations representing or working with or for children acting on behalf of or for the government or in a private (not for profit) capacity (e.g. educational institutions, (mental) health institutions, social services, child care and protection boards, care institutions) and professionals working with or for children (e.g. social workers, teachers/schools, medical professionals, community workers)
  • Judiciary, lawyers, public prosecutors, other legal professions, and police/law enforcement
  • ICRIs and NHRIs
  • Civil society/NGOs
  • Religious and community leaders
  • Business sector
  • Media
  • Academic institutions
  • International organisations, including UNICEF
  • The broader community

Public consultations

• Consultations should be public, except in circumstances which require restrictions in conformity with the law, or where private discussions would be in the best interests of children or vulnerable populations.
• To ensure that the consultation process is meaningful and accessible to the public, the consultation documents should be made available and accessible to all. States Parties can take proactive steps to:
  • Make the consultation documents available in print and online;
  • Make the consultation documents available in all languages spoken in the country, as well as in accessible formats;
  • Promote the consultation through traditional and social media;
  • Ensure that stakeholders working in and/or interested in children’s rights receive the consultation document (outreach);
  • Provide feedback to participants afterwards on how and to what extent their input has been taken into account.

There are several ways in which States Parties can engage in public consultations during the children’s rights legislative reform process:

Undertake active consultations

• Establish consultation platforms and groups where substantive issues related to legislative reform can be discussed.
• Organise public meetings and events (e.g. town hall meetings), in which information is shared and views collected.
• Organise observational consultations and site visits to facilitate understanding of particular issues affecting children.
• It will be important to ensure appropriate documentation and record keeping of the consultations.

Solicit written inputs

• Written inputs can be received through completion of online questionnaires or submission of reports, letters or memos.
• It should be made clear whether the written inputs will be made public or not.