On the occasion of mass student protests across Serbia, we wish to remind the public of the importance of respecting and protecting the rights of children and young people to express their opinions and peacefully assemble. These gatherings are not merely an expression of their civic awareness but also a testament to their ability to recognize and articulate issues that concern their future. As a society, we are obliged to support children in exercising their rights and to ensure a safe and encouraging environment where they can freely express their views.
Children have the right to peaceful assembly, which is protected not only by the Convention on the Rights of the Child but also by numerous international and regional human rights instruments. This right is enjoyed by children equally to adults. Domestic regulations do not limit children’s right to peaceful assembly for the purpose of expressing their opinions. Any age-based restriction of this right constitutes discrimination against children.
The right of children to peaceful assembly must be viewed in the broader context of other rights guaranteed by the Convention on the Rights of the Child and relevant human rights treaties, including the right to participation, freedom of expression, protection of privacy and free access to information.
Participation, as a general principle of the Convention, entails that a child has the right to express their opinions in accordance with their age and developmental abilities, to freely voice those opinions on all matters that directly concern them, and to have those opinions given due attention and respect. In the specific case of mass protests, children demonstrate their capacity to understand the reasons for gathering and the goals of the protests. This is their authentic initiative, and thus cannot be considered manipulation of children.
Children have the right to seek access to the media to publicly express their opinions, while the media is obliged to refrain from stigmatizing and denying children’s right to peaceful assembly.
The state has a responsibility to provide information and special protection to children who peacefully assemble. State obligations include creating a legislative, political, and procedural framework in line with international standards. Children have specific rights and needs related to this right, which demand additional measures of protection and respect beyond those provided for adults. State officials must refrain from denying this right and stigmatizing children who exercise it.
Any restrictions on a child’s right to peaceful assembly should be exceptional, temporary and strictly connected to an immediate threat to the child’s rights to life, survival and development. A child’s right to peaceful assembly should not be restricted by domestic laws, such as those concerning threats to property and public order, unless those restrictions are in line with international standards and the practice of the European Court of Human Rights. The current high school protests do not indicate any grounds for restricting the right to assemble.
In conclusion, consistent with the above and in alignment with UNICEF’s publication, we emphasize that a child’s right to peaceful assembly is crucial for their personal development, active participation in political and social issues, and for driving positive changes at local, national and global levels.
