These age-appropriate and safe circumstances also include the possibility to express views through alternative, child-specific means and ways such as art, dance, poetry, pictures, painting, photos, other visual presentations, email, sign language, gestures, emotional displays and silence (Tobin, 2019). Secondly, the principle of effectiveness underlying in the CRC requires proactive measures by the state parties to provide age-appropriate and safe circumstances for the child to express her or his views taking the child’s individual, social and cultural background into account. Therefore, a child should never be under pressure or any influence to express the views (Committee on the Rights of the Child, 2009). This aspect of Article 12 and the right to be heard include two aspects. The first part is based on the term “freely” which includes that the right does not impose an obligation for the child to express their view, but grants her or him the right to choose to express her or his views. “The right to express those views freely” The capability to form a view does not require a child to have comprehensive knowledge of the issue at hand, it only requires the child to understand and be aware that she or he is expressing her or his views on a particular issue (Tobin, 2019). The assessment of such capability obliges state parties to withdraw the adult-centric perspective and apply a child perspective which requires the understanding of child-specific forms of expressing views (Committee on the Rights of the Child, 2009). This term is based on the application of the presumption that a child has the capacity to form her or his own views and does not impose an age limit on the exercise of this right. “Capable of forming his or her own views” Therefore, states are obliged to actively realize the child’s right to express her or his views freely and to give due weight to those views. This right imposes a strict obligation on state parties which grants them no discretion in the application and implementation of the right. “ States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.” (Article 12 (1) CRC) “Shall assure” This object and purpose of the Convention reflects that children are perceived as “very active, constructive thinkers and learners” (Flavell, 1992). The intention of the drafting parties to establish the child as an independent and active right holder (Office of the High Commissioner for Human Rights, 2007) included the focus on the evolving autonomy of the child (Committee on the Rights of the Child, 2009). In previous children’s rights instruments, such as the 1924 and the 1959 Declaration on the Rights of the Child, the focus of its provision was the child’s welfare. It uniquely embodies the shift in the perception of a child from that of a passive object of law and in sole need of protection to an active participant in the process of decision-making as intended by the Convention (Tobin, 2019). The principle of inclusion and participation is based on the right to respect the views of the child implemented by Article 12 of the Convention on the Rights of the Child (The Convention or CRC).
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