39/33 Youth and human rights - Report of the United Nations High Commissioner for Human Rights

GE.18-10621(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Youth and human rights

Report of the United Nations High Commissioner for Human Rights

Summary

The present report, submitted pursuant to Human Rights Council resolution 35/14

on youth and human rights, provides an overview of the international and regional human

rights framework applicable to young people and describes the challenges and

discrimination encountered by that group in gaining access to their rights. It includes a

number of recommendations to strengthen the promotion and protection of the rights of

young people.

United Nations A/HRC/39/33

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Call for action ................................................................................................................................ 3

III. Youth: definition ........................................................................................................................... 4

IV. Normative and institutional framework......................................................................................... 5

A. Regional and international norms ......................................................................................... 5

B. Political commitments .......................................................................................................... 6

C. United Nations architecture on youth ................................................................................... 7

V. Challenges and discrimination against youth ................................................................................ 7

A. Participation in politics and public decision-making ............................................................ 8

B. From education to decent work: youth employment............................................................. 9

C. Access to health services, in particular sexual and reproductive health and rights ............... 10

D. Conscientious objection to military service .......................................................................... 11

E. Transitioning to autonomy in vulnerable situations .............................................................. 12

VI. Youth and peace and security ........................................................................................................ 13

VII. Initiatives to empower young people in the exercise of their rights .............................................. 14

VIII. Conclusions and recommendations ............................................................................................... 16

I. Introduction

1. The present report is submitted to the Human Rights Council pursuant to resolution

35/14 on youth and human rights, in which the Council requested the United Nations High

Commissioner for Human Rights, in consultation with and taking into account the views of

States and relevant stakeholders, including relevant United Nations agencies, the treaty

bodies, the special procedures of the Council, national human rights institutions, civil

society and representatives of youth organizations, to conduct a detailed study on the

implementation of human rights with regard to young people, the identification of cases of

discrimination against young people in the exercise of their human rights, and best practices

in the full and effective enjoyment of human rights by young people, highlighting the

contribution of empowered youth to the realization of human rights in society.

2. Pursuant to that request, the Office of the United Nations High Commissioner for

Human Rights (OHCHR) solicited contributions and received 95 responses from States,

national human rights institutions, civil society and youth organizations.1

3. In addition to those contributions, the present report builds on the conclusions of the

expert meeting on the human rights of youth, organized by OHCHR in 2013,2 the Forum on

Human Rights, Democracy and the Rule of Law convened in December 20163 and the

regional consultation on youth and human rights organized by the European Youth Forum

and OHCHR in March 2018.4

4. In the context of the present report, the terms “youth” and “young people” are used

interchangeably.

II. Call for action

5. With a global youth population of 1.8 billion, there are more young people in the

world than ever before. That demographic reality creates unprecedented opportunities for

social and economic progress. At the same time, many young people see their potential

hindered by violations of their fundamental rights.

6. Young people worldwide are three times more likely than adults to be unemployed,

meaning that about 71 million young people are looking for work. When they do find work,

they generally labour in far more precarious conditions than adults and often without equal

pay for equal work. In addition, some 263 million children and youth are out of school,5

which makes the transition to the labour market even more difficult, owing to a lack of

education and skills. Many countries struggling to implement the right to education and the

right to work for their young people are also anticipating substantial growth in their youth

population, thereby facing a twofold challenge in the years to come.

7. In recent years, young people have increasingly been rising up worldwide, fighting

for their rights and demanding political reforms and better opportunities, which leads to

significant political changes in many countries. Yet their rights to freedom of assembly and

freedom of expression are often poorly respected, and their participation in public life is

frequently restricted to consultation exercises, rather than meaningful participation in

decisions and processes that have profound implications for their future. There is an urgent

need for strengthened inclusion of young people in politics and public decision-making.

However, it is telling that around the world only 1.65 per cent of parliamentarians are in

their 20s.6

1 Available at www.ohchr.org/EN/Issues/Youth/Pages/HROfYouth.aspx.

2 Ibid.

3 See www.ohchr.org/EN/HRBodies/HRC/Democracy/Pages/Session1.aspx.

4 See www.ohchr.org/EN/Issues/Youth/Pages/HROfYouth.aspx.

5 United Nations Educational, Scientific and Cultural Organization, “Leaving no one behind: how far

on the way to universal primary and secondary education?”, Policy Paper No. 27, July 2016.

6 See www.un.org/esa/socdev/documents/youth/fact-sheets/youth-political-participation.pdf.

8. Young people are particularly affected by violence: more than half of all global

homicide victims are under 30 years of age.7 Furthermore, adolescents and young people

continue to be sentenced to harsh penalties, including life imprisonment and the death

penalty.

9. In 2016, an estimated 408 million youth resided in settings affected by armed

conflict or organized violence. Conflict, crime and other forms of violence have an impact

on young people’s lives in more ways than mortality, and youth suffer from a wide range of

effects, from repeat victimization to psychological trauma and identity-based

discrimination, which exacerbates their social and economic exclusion (see A/72/761-

S/2018/86).

10. Around 27 million young people are international migrants.8 Whether on their own

or with family, adolescents and youth are increasingly migrating in search of survival,

security, improved standards of living, education and protection from discrimination and

abuse.

11. Sexual violence disproportionately affects young women and girls, and, despite

being largely preventable, complications in pregnancy and childbirth are the second leading

killers of adolescent girls in developing countries. Every year, 3.9 million girls aged 15 to

19 undergo unsafe abortions.9 Some 20 per cent of girls are married or in union before

reaching the age of 18. In the least developed countries, that percentage doubles: 40 per

cent are married before they reach that age.10 AIDS-related deaths among adolescents have

increased over the past decade while decreasing among all other age groups.

12. The multiple challenges that young people currently face represent an urgent call for

action. Investing in young people’s rights and empowering youth can lead to more equal

societies and positive social change, and young people can make a pivotal contribution to

finding solutions to the many challenges ahead, including peace and security and frontier-

related challenges, such as upholding human rights in an ever more technology-driven era.

This is also essential to realizing the aims of the 2030 Agenda for Sustainable

Development, the global agenda adopted by United Nations Member States to shape a

fairer and more peaceful world for all.

III. Youth: definition

13. There is no consistent definition of the term “youth”. At the United Nations, the age

range from 15 to 24 years has traditionally been used; however, as that range was originally

chosen only for statistical purposes, it is not used consistently. For example, some United

Nations organizations use “young people” as an umbrella term for “youth” and

“adolescents”, spanning the ages 10 to 24. The Committee on the Rights of the Child uses

“adolescents” in its general comment No. 20 (2016) on the implementation of the rights of

the child during adolescence; however, as it clarifies, it does not seek to define adolescence

but instead focuses on the period of childhood from age 10 until the 18th birthday. For

others, such as the United Nations Human Settlements Programme, “youth” refers to the

ages 15 to 32, while still others use the age range from 15 to 29 years. The Committee on

Economic, Social and Cultural Rights refers to youth and young people interchangeably,

but without referring to a specific age range. Security Council resolution 2250 (2015) and

the progress study on youth and peace and security define “youth” as 18 to 29 years of age.

Such a disparity of approaches can be problematic, particularly since the challenges faced

by a 15-year-old are different from those faced by a 29-year-old.

7 United Nations Office on Drugs and Crime, Global Study on Homicide 2013: Trends, Contexts, Data

(Vienna, 2014).

8 See www.un.org/esa/socdev/documents/youth/fact-sheets/youth-migration.pdf.

9 See www.who.int/mediacentre/factsheets/fs364/en/.

10 See www.unfpa.org/child-marriage.

14. The complexity of the definition is also shown at the national level, as it varies

across countries and regions. Input provided by States11 for the present report indicates that

Bosnia and Herzegovina defines “youth” as persons from 15 to 30 years of age and Canada,

as persons from 15 to 34 years of age. Honduras defines it as those from 12 to 30 years of

age, Mexico from 12 to 29 and Cuba from 15 to 29. In South Sudan and Zimbabwe, youth

are those from 15 to 35 years of age, in accordance with the definition provided by the

African Youth Charter. The European Commission defines “youth” as 15 to 29 years of

age.

15. The variety of approaches reflects the reality of what youth is: a fluid and non-

homogeneous category, rather than a fixed age group. Youth, unlike other forms of identity,

such as gender, ethnicity, caste or race, is a transitory phase of life (see A/72/761-

S/2018/86), a transition from dependence to independence and full autonomy. It is difficult

to define youth by focusing purely on chronological age, as the term can differ depending

on sociocultural settings. What must be acknowledged is that the transition from childhood

to adulthood, from dependence to independence and autonomy, occurs at different times in

relation to different rights. For example, in the labour market, in education and in sexual

and reproductive health, independence and autonomy are achieved at different moments.

IV. Normative and institutional framework

A. Regional and international norms

16. All human rights instruments apply to young people. Yet, at the international level,

there is no specific instrument on the rights of youth. While some universal human rights

instruments have been dedicated to certain categories of persons, for example women,

children and persons with disabilities, this has not been the case for youth.

17. At the regional level, the situation is different. The Ibero-American region has been

a pioneer in promoting and protecting the rights of young people. The Ibero-American

Convention on the Rights of Youth, which entered into force on 1 March 2008, recognizes

youth as the subject of rights and considers them “priority subjects”. It lays out specific

rights for young people between 15 and 24 years old and recognizes them as strategic actors

in development. The Convention does not have a monitoring system similar to international

treaty monitoring bodies but has established a tracking system by which States parties are

required to submit a report every two years to the Secretary-General of the Ibero-American

Youth Organization.

18. The African Youth Charter, which entered into force in August 2009, underlines the

rights, duties and freedoms of youth aged 15 to 35 years. It also paves the way for the

development of national programmes and strategic plans for the empowerment of young

people. It aims to ensure youth involvement in the development agendas of Africa and their

effective participation in decision-making in the region. It does not provide for a specific

follow-up and monitoring mechanism, but article 28 sets out the responsibilities of the

African Union Commission under the Charter. The South Asian Association for Regional

Cooperation is also in the process of drafting a youth charter.

19. The Committee of Ministers of the Council of Europe has adopted two key

recommendations relating to young people’s rights: CM/Rec(2016)/7 on young people’s

access to rights and CM/Rec(2015)3 on the access of young people from disadvantaged

neighbourhoods to social rights. While the latter focuses on policies to prevent and

eradicate the poverty, discrimination, violence and exclusion faced by young people from

disadvantaged neighbourhoods, the former is wide-ranging and covers civil, political,

economic, social and cultural rights and provides guidance to States on improving access to

education, autonomy and social inclusion, mobility, active citizenship, democracy and

participation, living together in diverse societies, access to information and protection, as

well as access to health-care services.

11 See www.ohchr.org/EN/Issues/Youth/Pages/Contributions.aspx.

20. The phrase “young persons” is mentioned in article 10 of the International Covenant

on Economic, Social and Cultural Rights, which calls for special measures of protection

and assistance to be taken on behalf of all children and young persons without any

discrimination. Young people are explicitly mentioned in the Committee’s general

comments on the right to adequate housing (No. 7), the right to education (No. 13), the

right to the highest attainable standard of health (No. 14), the right to work (No. 18), non-

discrimination in economic, social and cultural rights (No. 20), the right of everyone to take

part in cultural life (No. 21), the right to sexual and reproductive health (No. 22) and the

right to just and favourable conditions of work (No. 23). The Committee on the Elimination

of Discrimination against Women has focused in its concluding observations and general

comments on girls and young women. The Committee on the Rights of Persons with

Disabilities, in its general comment No. 5 (2017) on the right to independent living, makes

a particular reference to young people. The Committee on the Rights of the Child, through

its general comment No. 20, provides guidance to States on the measures necessary to

ensure the realization of children’s rights during that period. In addition, a number of

recommendations to States under review in the context of the universal periodic review

concern young people. Yet the mainstreaming of youth issues is not systematic in the

overall context of international human rights mechanisms.

21. Discussion at the international level on the human rights of youth is not new. In

1973, the then Division on Human Rights of the United Nations Secretariat, jointly with the

Government of Italy, organized a meeting on youth and human rights in San Remo. At the

meeting, human rights problems of special concern to youth were considered, including the

situation of young people protesting against gross violations of human rights. Meeting

participants mentioned the possibility of elaborating for young people a document similar

to the Declaration of the Rights of the Child and recommended that the United Nations

initiate such a measure and that youth organizations all over the world take part in the

drafting of a youth charter.

22. Years later, the Commission on Human Rights, in its resolution 1985/13, requested

the Subcommission on Prevention of Discrimination and Protection of Minorities to pay

due attention to the role of youth in the field of human rights. A Subcommission Special

Rapporteur, Dumitru Mazilu, presented a report on human rights and youth

(E/CN.4/Sub.2/1992/36), in which he analysed the efforts and measures to secure the

implementation and enjoyment by youth of human rights. In his report, the Special

Rapporteur presented a draft charter on the rights and freedoms of youth, but no further

action was taken.

B. Political commitments

23. The World Programme of Action for Youth to the Year 2000 and Beyond provides a

policy framework and practical guidelines for national action and international support to

improve the situation of young people. The Lisbon Declaration on Youth Policies and

Programmes, adopted at the World Conference of Ministers Responsible for Youth in 1998,

and the Braga Youth Action Plan reinvigorated the political commitment to youth by

making national youth policy formulation, implementation, follow-up processes and

funding a priority at the highest political levels.

24. More recently, the 2030 Agenda identifies youth as agents of change, recognizing

that the Sustainable Development Goals are integrated, indivisible and global in nature, and

therefore that all of the Goals apply to youth. Youth are also the main beneficiaries of the

Agenda, as national success or failure in implementing the Goals will have the greatest

future impact on today’s young people. Commitments vis-à-vis youth have also been

adopted in a number of frameworks, including the New York Declaration for Refugees and

Migrants and the Compact for Young People in Humanitarian Action, adopted at the World

Humanitarian Summit, held in Istanbul, Turkey, in May 2016.

25. The General Assembly and the Commission for Social Development regularly adopt

resolutions on policies and programmes involving youth. The Human Rights Council held a

panel discussion on youth and human rights in September 2016 and adopted its resolution

35/14 on youth and human rights in June 2017. Furthermore, the first session of the Forum

on Human Rights, Democracy and the Rule of Law was devoted to the role of youth in

public decision-making, as was the tenth session of the Forum on Minority Issues.

C. United Nations architecture on youth

26. In recent years, young people have gained strong traction at the United Nations due

to the particular challenges that they face and the opportunities that engaging them can

bring in terms of social progress and change. The Secretary-General identified working

with and for young people as one of the Organization’s top priorities. The Secretary-

General has expressed his full commitment to empowering young people and increasing

their participation in society and their access to education, training and jobs and has

requested the support of all to his Envoy on Youth in advancing youth rights.

27. In June 2017, Jayathma Wickramanayake (Sri Lanka) was appointed Envoy of the

Secretary-General on Youth. The Envoy works to expand the youth engagement and

advocacy efforts of the United Nations across all four pillars of work — sustainable

development, human rights, peace and security and humanitarian action — and serves as a

representative of and adviser to the Secretary-General. She is the youngest member of the

Secretary-General’s senior management team and plays a catalytic role in harmonization

efforts in order to advance youth issues across the United Nations system in a coherent and

coordinated way, working closely with United Nations agencies, Governments, civil

society, youth organizations and networks, academia and media stakeholders.

28. The United Nations Focal Point on Youth/United Nations Programme on Youth,

within the Department of Economic and Social Affairs of the Secretariat, aims to build

awareness of the global situation of young people, as well as promote their rights and

aspirations, and works towards greater participation of young people in decision-making as

a means of achieving peace and development. It produces the World Youth Report, which

focuses on particular thematic aspects related to youth, such as civil engagement, youth and

migration and youth and employment.

29. A large number of United Nations agencies, funds and programmes work on youth

issues within their specific mandates. In addition, the United Nations Inter-Agency

Network on Youth Development is a network of United Nations entities that aims to

increase the effectiveness of United Nations work on youth development by strengthening

collaboration in this area among all relevant entities.

30. At the request of the Secretary-General, a United Nations strategy on youth led by

the Envoy, in coordination with the Co-Chairs and members of the Network, was under

development at the time of writing. The strategy is envisioned to cut across the United

Nations pillars of sustainable development, human rights and peace and security, reflecting

the Secretary-General’s vision on prevention, and address key thematic priorities around

which the United Nations system will unite in order to strengthen its efforts and facilitate

increased impact to advance the needs, agency and rights of young people around the

world.

V. Challenges and discrimination against youth

31. The transition from childhood to adulthood, from dependence to autonomy, occurs

at different times in relation to different rights. For example, in the labour market, in

education and in sexual and reproductive health, independence and autonomy are achieved

at different moments, hence the importance of balancing protection needs with

empowerment and evolving capacities. At the same time, the establishment of age limits

and minimum ages in legislation can lead to inconsistencies and restrictions resulting from

the use of different thresholds and may restrict certain rights while not offering enough

protection in others. A recent report of the European Network of Equality Bodies12 found

that age limits are employed as a mechanism to discriminate against young people, for

example in employment, legal capacity and voting.

32. To understand and analyse discrimination against young people, it is critical to

acknowledge that age is one characteristic that often intersects, adds to and multiplies

discrimination based on other grounds. Together with the structural and institutional

barriers that youth also face, such multiple discrimination prevents many young people

from enjoying equal opportunities and substantive equality.13 Some of the areas in which

youth face heightened discrimination and challenges in claiming their rights are described

below.

A. Participation in politics and public decision-making

33. Globally, youth participation and representation in institutional political processes

and policymaking is low compared with that of other age groups. Young people are not

proportionately represented in political institutions, such as parliaments, political parties

and public administrations, thereby fuelling disenfranchisement and distrust in formal

structures, electoral processes, leaders and policymakers.14 Legal and other barriers faced

by young people in running for public office represent a major obstacle to the promotion of

youth participation, particularly in political processes.

34. Less than 2 per cent of parliamentarians worldwide are under the age of 30.

According to the Inter-Parliamentary Union (IPU), young people are underrepresented in

parliament for several reasons: first, the minimum age required to run for office is often

higher than the minimum voting age, requiring a wait in some cases until 25, 35 or even 45

years of age. This is especially true in the case of upper houses, which tend to establish a

higher eligibility age. The results show that where “young” is defined as under age 30, very

few young parliamentarians are elected. The proportion of under-30 parliamentarians

exceeds 10 per cent in only four countries: Ecuador, Finland, Norway and Sweden.15

35. The minimum age for parliamentary candidacies should be aligned with the

minimum voting age to increase young people’s access to parliament. There is a correlation

between lower eligibility ages and higher levels of youth representation, with lower legal

thresholds fostering a climate in which young people are more likely to come forward and

be elected to parliament at an earlier age.

36. With the exception of some countries, for example Argentina, Cuba, Ecuador and

Nicaragua in Latin America, or Austria, Estonia and Malta in Europe, which set the voting

age at 16, most countries in the world set 18 as the voting age. In some countries, voting

ages are set higher than 18, for example Malaysia and Singapore, where the voting age is

21. In 2016, Japan lowered the voting age from 20 to 18.

37. In the context of the universal periodic review, some Governments have made

recommendations to States that still have voting ages set higher than 18 to lower them (see

e.g. A/HRC/17/3). The Committee on the Rights of the Child has emphasized that, if States

decide to lower the voting age to under 18 years, they should invest in measures that

support adolescents in understanding, recognizing and fulfilling their role as active citizens,

including through citizenship and human rights education and by identifying and addressing

barriers to their engagement and participation.

38. In addition to young people’s underrepresentation in traditional institutions of

representative democracy, their participation in the drafting of legislation and the

formulation, monitoring and implementation of policies affecting their lives is also often

12 Opening up the Issue: Equality Bodies Combating Discrimination against and Promoting Equality for

Young People (Brussels, 2016).

13 European Youth Forum submission.

14 Opening statement of the High Commissioner at the Forum on Human Rights, Democracy and the

Rule of Law held in 2016.

15 IPU, Youth Participation in National Parliaments (Geneva, 2016).

limited. Equal opportunities to participate beyond electoral processes at various stages of

legislative and policy decision-making not only is a matter of rights but also has the

potential to strengthen legitimacy, accountability and, ultimately, the quality of decisions

made. Existing participatory decision-making mechanisms should be improved and new

ones explored in order to offer the possibility to think beyond traditional voting, and to

make better use of information and communications technologies to ensure the equal

participation of young people. Those mechanisms should be accessible and include young

women and men from all backgrounds and take into account how intersecting forms of

discrimination affect the ability of all youth to participate, in particular youth with

disabilities, lesbian, gay, bisexual, transgender and intersex youth and young migrants, as

well as minority and indigenous groups and young people from disadvantaged

socioeconomic backgrounds.

39. Regardless of whether appropriate rules are in place to allow for young people’s

meaningful participation in politics, the current widespread lack of quality citizenship

education has the potential to severely hinder young people’s prospects for political

participation in democratic processes. Therefore, youth participation in decision-making

processes should also be supported through investment in education. At the same time,

efforts to increase young people’s participation must go alongside more gender equality in

representative bodies.16

B. From education to decent work: youth employment

40. The transition from educational settings to the labour market is critical for youth.

Young people worldwide are three times more likely than adults to be unemployed.

Working poverty also disproportionately affects youth, with 145 million young workers

living in poverty.17 The implementation of the right to work for young people is a serious

challenge and a top global concern.

41. According to the International Labour Organization (ILO) global employment trends

for youth, an estimated 70.9 million young people were unemployed globally in 2017. The

latest data show that 76.7 per cent of working youth are in informal jobs, compared with

57.9 per cent of working adults. The proportion of youth neither in employment nor in

education or training is estimated at 21.8 per cent.

42. Not only are young people more likely to be unemployed than adults around the

world, but employment is also often more precarious for them (e.g. zero-hour contracts),

often lacking in quality and access to social protection rights. An example of age-based

discrimination faced by young people in gaining access to quality employment is the

establishment of a youth minimum wage, a practice which goes against the principle of

equal pay for equal work. Some States have set the minimum wage for young people

substantially lower than that of the general population, despite indications that, in many

States, the legal minimum wage is insufficient to secure an adequate standard of living.

Some States have also restricted the social security benefits that young people may receive

(see A/HRC/37/32). In its general comment No. 23 (2016) on the right to just and

favourable conditions of work, the Committee on Economic, Social and Cultural Rights has

indicated that young workers should not suffer wage discrimination, for example being

forced to accept low wages that do not reflect their skills.

43. Young women face additional barriers in entering the labour force and gaining

access to jobs, including unequal pay for work of equal value, widespread violence and

harassment in the workplace and unpaid care work. In addition, as a result of child marriage

and adolescent pregnancies, many young women and girls drop out of school and are not

able to pursue their careers.

44. The scarcity of entry-level jobs has resulted in the widespread practice of internships

or apprenticeships. In many cases, such opportunities do not comply with minimum quality

16 Report on the regional consultation on youth and human rights (see footnote 4).

17 See www.ilo.org/global/topics/youth-employment/lang--en/index.htm.

standards and are unpaid, slowing down young people’s path towards autonomy. Young

people are calling for stronger regulations and the development of benchmarks for quality

internships so that youth struggling to gain a foothold in the labour market can do so

without economic discrimination and exploitation.18 In its general comment No. 23, the

Committee on Economic, Social and Cultural Rights states that excessive use of unpaid

internships and training programmes, and of short- and fixed-term contracts that negatively

affect job security, career prospects and social security benefits, is not in line with the right

to just and favourable conditions of work.

45. The World Economic Forum predicts that by 2020 more than one third of skills

considered important in the 2015 workforce will have changed. It forecasts that new

technology could displace between one third and two thirds of workers around the world.

As demand for science, technology and engineering increases, owing to advances in

robotics, automation, artificial intelligence and biotechnology, young workers who grow up

as digital natives will be better placed to adapt to new jobs. In this context, the Committee

on the Rights of the Child has recommended that both formal and informal education and

training need to be designed for twenty-first century skills. Furthermore, the Committee on

Economic, Social and Cultural Rights has recommended the development of effective

school-to-work transition programmes for young graduates, as well as adopting youth

employment policies, adopting measures to ensure the employment of youth and enhancing

the quality of technical and vocational training and education.

46. Submissions received for the present report also signalled discrimination against

young people in gaining access to decent housing, a situation closely related to their lack of

opportunities, poverty and unemployment. The refusal of many owners to rent to young

people or students was raised as an issue of concern, in addition to homelessness among

young people. In this context, the European Observatory on Homelessness recently

described an increase in homeless youth across Europe as the most striking trend in

homeless demographics. Young people also highlight the challenges that they face

regarding access to financial services due to lack of stable income or precarious working

conditions.

C. Access to health services, in particular sexual and reproductive health

and rights

47. Because of their age, young people face specific barriers in gaining access to health

services and in the realization of sexual and reproductive rights. In many countries, laws

and policies on sexual and reproductive health services for adolescents can act as limits to

gaining access to such services. For example, some countries have laws or policies that

require parental notification or authorization before a young person can gain access to

contraceptive goods and services. 19 Where adolescents are required to receive parental

authorization for sexual and reproductive health services, they may opt to forgo such

services but may still engage in sexual activity.

48. In some instances, judicial authorization may be required to gain access to specific

sexual and reproductive health services. Judicial authorization requirements are problematic

overall and are particularly challenging for adolescents, owing to the range of barriers that

they face in gaining access to formal judicial mechanisms, the delays that such

authorizations create in the light of the time-sensitive nature of certain sexual and

reproductive health services, and the stigma surrounding adolescent access to sexual and

reproductive health services.20

49. The Committee on the Rights of the Child, in its general comment No. 20, stated

that there should be no barriers to commodities, information and counselling on sexual and

reproductive health and rights, such as requirements for third-party consent or

18 Fair Internship Initiative submission.

19 Center for Sexual and Reproductive Rights submission.

20 Ibid.

authorization. In addition, particular efforts need to be made to overcome barriers of stigma

and fear experienced by, for example, adolescent girls, girls with disabilities and lesbian,

gay, bisexual, transgender and intersex adolescents, in gaining access to such services.

Furthermore, the Committee urges States to decriminalize abortion to ensure that girls have

access to safe abortion and post-abortion services, review legislation with a view to

guaranteeing the best interests of pregnant adolescents and ensure that their views are

always heard and respected in abortion-related decisions. Restrictive legal provisions on

access to safe and legal abortion also constitute discrimination against girls and young

women.

50. Other barriers exist where adolescents are not provided with the information

required to understand their sexual and reproductive health needs, which hinders their

ability to proactively take measures to prevent unwanted pregnancy or sexually transmitted

infections or disease. In this regard, comprehensive sexuality education is particularly

important, bearing in mind that adolescent girls and young women 15 to 19 years old

account for 11 per cent of all births and around 14 per cent of all maternal deaths, and that

3.9 million unsafe abortions occur globally every year among adolescent girls 15 to 19

years of age.

51. The Committee on Economic, Social and Cultural Rights has indicated that all

adolescents should have access to free, confidential, adolescent-responsive and non-

discriminatory sexual and reproductive health services, information and education,

available both online and in person, including on family planning, contraception, including

emergency contraception, prevention, care and treatment of sexually transmitted infections,

counselling, preconception care, maternal health services and menstrual hygiene. The

Committee urges States to adopt comprehensive gender and sexuality-sensitive sexual and

reproductive health policies for adolescents, emphasizing that unequal access by

adolescents to such information, commodities and services amounts to discrimination.21

52. Moreover, submissions received for the present report indicated that the lack of

mental health support services was a challenge for young people, with particularly negative

consequences on vulnerable groups, such as transgender, non-binary and intersex youth.22

Submissions received also pointed to a lack of services for indigenous youth, as well as

refugee and migrant youth, in addition to stigma and harassment for young people who use

drugs.

D. Conscientious objection to military service

53. Conscientious objection to military service concerns young people more than any

other group. Indeed, the age at which young men and women are drafted into compulsory

military service or receive their call-up papers in many States is around 18 years.

54. The Ibero-American Convention on the Rights of Youth explicitly recognizes the

right to conscientious objection as a youth right. Article 12 of the Convention states that

youth have the right to conscientious objection against obligatory military service and that

States parties undertake to promote the pertinent legal measures to guarantee the exercise of

this right and advance in the progressive elimination of obligatory military service. It

further states that States parties undertake to assure youth under 18 years of age that they

shall not be called up or involved, in any way, in military hostilities.

55. The right to conscientious objection to military service is based on article 18 of the

International Covenant on Civil and Political Rights, which guarantees the right to freedom

of thought, conscience and religion or belief. While the Covenant does not explicitly refer

to a right to conscientious objection, in 1993 the Human Rights Committee stated that such

a right could be derived from article 18, inasmuch as the obligation to use lethal force might

21 General comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para.

29.

22 Report on the regional consultation on youth and human rights (see footnote 4).

seriously conflict with freedom of conscience and the right to manifest one’s religion or

belief.23

56. Despite the growing body of jurisprudence and recommendations from treaty bodies,

special procedures, the universal periodic review and regional human rights courts on the

issue, some States do not implement them. Equally regrettably, some States do not

recognize or fully implement the right to conscientious objection to military service in

practice (A/HRC/35/4, para. 62).

E. Transitioning to autonomy in vulnerable situations

Young migrants, including asylum seekers and refugees

57. With around 27 million young international migrants,24 young people constitute a

large share of migration flows. Young people’s motivations to migrate are linked to the

search for decent livelihoods due to poor economic prospects, escaping from regions

affected by conflict and natural disasters, as well as violence.

58. Young migrants represent a specific group of migrants whose unique needs, rights

and challenges are often not addressed as part of the wider migration policies. Migrant

children as a group are accorded specific protection in international human rights law,

including through specific provisions in the Convention on the Rights of the Child. In

addition, young asylum seekers and refugees are protected by international refugee law.

However, the protection standards relating specifically to children end on their 18th

birthday. Human rights mechanisms have encouraged States to ensure that protection and

support measures extend beyond the age of 18 in order to ensure a rights-based transition to

adulthood, in particular for vulnerable children, including asylum-seeking and refugee

children, as well as other migrant children who are in vulnerable situations, children in

alternative care settings and those in street situations.

59. The principles and guidelines on the human rights protection of migrants in

vulnerable situations, developed by the OHCHR-led Global Migration Group, call upon

States to provide adequate follow-up, support and transition measures for migrant children

when they reach 18 years of age, in particular those leaving a care context. States are

requested to ensure that young migrants are given access to information, have the

possibility of attaining regular long-term migration status, receive welfare assistance and

have opportunities to complete their education and be integrated into the labour market and

in society. Moreover, in joint general comment No. 4 (2017) of the Committee on the

Protection of the Rights of All Migrant Workers and Members of Their Families and No.

23 (2017) of the Committee on the Rights of the Child on State obligations regarding the

human rights of children in the context of international migration in countries of origin,

transit, destination and return, the Committees request States parties to ensure that children

are adequately prepared for independent living as they approach 18 years of age, and ask

the competent authorities to ensure adequate follow-up of the individual situation.

Young people in conflict with the law

60. In its general comment No. 10 (2007) on children’s rights in juvenile justice, the

Committee on the Rights of the Child states that the special rules of juvenile justice should

apply for all children who, at the time of their alleged commission of an offence, have not

yet reached the age of 18. Furthermore, rule 3.3 of the United Nations Standard Minimum

Rules for the Administration of Juvenile Justice recommends making efforts to extend

juvenile justice rules to young adult offenders. The Committee notes with appreciation that

some States parties allow for the application of the rules and regulations of juvenile justice

to persons aged 18 and older, usually until the age of 21, either as a general rule or by way

of exception.

23 General comment No. 22 (1993) on the right to freedom of thought, conscience and religion, para. 11.

24 See www.un.org/esa/socdev/documents/youth/fact-sheets/youth-migration.pdf.

61. In this context, the Ibero-American Convention on the Rights of Youth extends the

protection granted in international instruments to children to young people up to 24 years of

age. In particular, articles 9 and 13 indicate that no young person shall be sentenced to

death and that youth charged with a criminal offence have the right to decent treatment that

takes account of their age and the need to promote their resocialization.

Youth with disabilities

62. Youth with disabilities are among the most marginalized of all young persons. Some

80 per cent of 180 million to 220 million youth with disabilities worldwide are estimated to

be in developing countries, 25 facing stigma and barriers in their access to education,

employment, health care and social services. Exclusion of youth with disabilities from

education puts them at greater risk of being unable to gain access to decent work and,

instead, being subject to unpaid work or receiving low wages and facing unemployment

and exploitation. They face even greater exclusion from politics and public decision-

making. The Committee on the Rights of Persons with Disabilities has recommended that

States parties take steps to ensure opportunities for vocational training for youth with

disabilities and has recommended their participation in the development of legislation,

policies and practices that affect them.

63. The intersection between young age, disability and gender results in both aggravated

forms of discrimination and specific human rights violations against girls and young

women with disabilities. Girls and young women with disabilities are disproportionately

subjected to forced and involuntary sterilization for various reasons, including eugenics,

menstrual management and pregnancy prevention. According to the Special Rapporteur on

the rights of persons with disabilities, such practices constitute gross human rights

violations.26

VI. Youth and peace and security

64. The progress study on youth and peace and security (see A/72/761-S/2018/86)

shows the positive role that young people can play in sustaining peace. That role was

reiterated during the open debate of the Security Council on youth and peace and security

and at a high-level meeting on peacebuilding and sustaining peace convened by the

President of the General Assembly, both held in April 2018.

65. The progress study shows that the engagement of young people in peacebuilding is

remarkable, extending from the local to the global levels and from the earliest stages of

conflict to post-conflict settings, and across various types of violence (e.g. conflict,

criminality, gender-based violence, terrorism). It stresses the importance of engaging with

young people in this area and the need to protect the space for their participation.

66. The report indicates that translating the demographic dividend of youth into a peace

dividend requires moving from remedial action to prevention; investing in resilience;

forging innovative partnerships with civil society organizations; and developing normative

frameworks and accountability mechanisms to promote the centrality of youth. It includes

recommendations in a number of strategic areas: investing in developing the capacity,

agency and leadership of young people; moving from exclusion to inclusion (e.g. through

meaningful economic engagement, political inclusion, education); and building national,

regional and global partnerships.

25 Submission of the International Disability Alliance to Committee on the Rights of the Child general

comment No. 20.

26 See www.ohchr.org/EN/NewsEvents/Pages/SterilizationAgainstGirlsWithDisabilities.aspx.

VII. Initiatives to empower young people in the exercise of their rights

67. Many initiatives and good practices are being undertaken by Governments, United

Nations agencies, national human rights institutions and non-governmental organizations

(NGOs) to empower young people and support their rights at the international and national

levels. The following is a selection of examples.

Global, multilateral and regional examples

68. IPU mobilizes parliaments to encourage greater participation by young people in

political life, including through the establishment of the Forum of Young Parliamentarians.

Not Too Young to Run, a campaign led by the Envoy on Youth in partnership with the

United Nations Development Programme, OHCHR, IPU, the Youth Initiative for Advocacy

Growth and Advancement (YIAGA) and the European Youth Forum, is based on the

premise that if one is old enough to vote, one is old enough to run for office.

69. The Global Initiative on Decent Jobs for Youth, launched in 2016 under the

leadership of ILO, brings together 22 United Nations entities in an effort to expand country-

level action to promote decent jobs for young people through evidence-based interventions

and knowledge and multi-stakeholder partnerships, contributing to the implementation of

the Sustainable Development Goals and targets relating to youth employment.

70. The Global Partnership for Education, a multi-stakeholder partnership and funding

platform that aims to strengthen education systems in developing countries, engages with

youth advocates from the local to the global levels.

71. International Youth Day is commemorated on 12 August and focuses on a particular

theme every year. To commemorate the Day, youth around the world are encouraged to

organize activities to raise awareness about the topic and the situation of youth in the

country.

72. The Envoy’s platform for advocacy and information sharing through social media,

Opportunities for Youth, is a useful tool for providing information on various opportunities

for youth involvement, engagement and participation at the international, regional and

national levels, including youth events, contests, conferences and university programmes.

73. The Young Leaders for the Sustainable Development Goals are 17 young people

recognized for their outstanding leadership in efforts to contribute to the achievement of the

Sustainable Development Goals. The 17 were selected from more than 18,000 nominations

and work with the Office of the Envoy on Youth on global efforts to raise awareness and

engage young people in the realization of the Goals. There have also been a growing

number of initiatives to strengthen the inclusion of youth in the high-level political forum

on sustainable development and follow-up to the 2030 Agenda.

74. The United Nations youth delegate programme allows for young people to

participate at the United Nations through the inclusion of youth delegates in a country’s

official delegation to the General Assembly and various functional commissions of the

Economic and Social Council.

75. The Economic and Social Council Youth Forum provides an annual platform for

youth to engage in dialogue with Member States and contribute to the formulation of

economic and social policy. Young people and representatives of youth-led and youth-

focused organizations attend the annual Youth Forum. In addition, an NGO-led youth

forum coordinated by YWCA has been organized in the past years, before the session of the

Human Rights Council held in June.

76. In the European Union, the Erasmus plus programme, the programme for education,

training, youth and sport, aims to provide over 4 million European students with the

opportunity to gain competencies and for personal, socioeducational and professional

development through study, training, work experience or volunteering abroad. The Youth

Guarantee is another programme that aims to ease the transition from education to

employment by ensuring that all young people under the age of 25 receive a good-quality

offer of employment, training or further education within four months of leaving formal

education or becoming unemployed.

77. OHCHR engages with and consults youth in the context of its Faith for Rights

initiative, which follows up on the Beirut Declaration on Faith for Rights and its 18

commitments. A first regional workshop was held in Tunis in May 2018, focusing on the

role of youth faith actors in the promotion of human rights in the Middle East and North

Africa region. OHCHR plans to organize more workshops in order to provide space for

cross-disciplinary reflection and action on the deep and mutually enriching connections

between religions and human rights.

78. Plan International has developed Champions of Change, an innovative and

comprehensive programme to empower young women that engages adolescent boys and

girls and young people in critical reflections on gender dynamics and the realization of their

rights.

National examples

79. Many initiatives are being undertaken at the national level. For example, in its

submission for the present report, Bahrain indicated that in the course of 2017 a number of

memorandums of understanding had been signed to promote human rights and youth

empowerment with youth associations in the country, including the Bahrain Youth

Association and the Youth Technology Association.

80. The Prime Minister of Canada committed to the creation of a Prime Minister’s

Youth Council, by which Canadians aged 16 to 24 provide the Prime Minister with advice

on national issues, such as employment, education and building stronger communities, as

well as climate change and clean growth, among others.

81. In Germany, integration courses for immigrants younger than 27, who are no longer

subject to compulsory schooling, have been established to help them to acquire linguistic

skills and knowledge for a smooth transition to the German educational system or labour

market.

82. In Honduras, the programme Miles de Manos has trained more than 42,000 young

persons and 2,500 families in the prevention of violence and in the prevention of

pregnancies and in sexual and reproductive health. Honduras has also invested in the

following programmes: Honduras Joven, Por Mi Barrio and Mi Segunda Oportunidad,

which are aimed at preventing violence among vulnerable communities and young people.

83. In Portugal, the “70 já!” (70 now) campaign, an online and offline campaign

targeting young people from 15 to 30 years of age, aims to raise awareness of youth rights

and promote a rights-based approach to youth policy and youth work. The programme is

based on article 70 of the Constitution of Portugal, which specifically addresses youth

rights.

84. The Mobile for Reproductive Health for Youth, supported by the United Nations

Population Fund, is aimed at giving young people in Rwanda access to information about

sexual and reproductive health through an automated, interactive and on-demand text

messaging system in Kinyarwanda.

85. The Ministry of Culture, Youth and Sports of South Sudan reported that the

Government had established the National Youth Union as an umbrella for all young people

in the country, to ensure that the full rights of young people are implemented through the

country’s youth development policy.

86. In Turkey, a social cohesion and youth participation project between the Ministry of

Youth and Sports and the United Nations Children’s Fund was signed, with a view to

ensuring the social cohesion of Syrian youth in Turkey.

VIII. Conclusions and recommendations

87. The year 2018 marks the twentieth anniversary of the adoption of the Braga

Youth Action Plan and the Lisbon Declaration on Youth Policies and Programmes.

This is the time to renew and strengthen the commitment to making the rights of

young people a reality. Member States should take all measures necessary to ensure

that young people can enjoy their rights without discrimination, and work in

cooperation with youth organizations and youth-led structures towards that end.

88. The present report provides examples of the challenges and discrimination that

young people face in ensuring respect for their rights, in particular their rights to

participate in politics and public decision-making and to gain access to decent jobs

when transitioning from education to the labour market, their sexual and

reproductive health rights and their right to conscientious objection to military

service. It shows how barriers and challenges are exacerbated for young people in

vulnerable situations, including young migrants and refugees, young people in conflict

with the law and young people with disabilities. It refers to the findings of the expert

meeting on the human rights of youth, organized by OHCHR, which concluded that

young people experience difficulties in the exercise of their rights by virtue of being

young and that specific measures are needed to counter their discrimination.

Discussions held at the Forum on Human Rights, Democracy and the Rule of Law on

how to strengthen the protection of the rights of young people also informed the

report.

89. On that basis, the Human Rights Council should assess the extent of the

barriers and discrimination faced by young people, with a view to considering what

measures would most effectively advance the rights of young people. Options include:

(a) Mainstreaming the human rights of youth through existing mechanisms,

policies and programmes;

(b) Creating a special procedure mandate under the auspices of the Council;

(c) Considering the possibility of an international instrument;

(d) Introducing a mechanism that would ensure permanent, structured

youth participation in the Council’s work, such as an annual youth forum as an

ongoing component of the Council.

90. Any such measure should be decided with the involvement of young people and

need to be supported by adequate financial and human resources.