2nd Grade Student at Rally Unaware of Event, Ombudsman Reports

The Human Rights Defender, Kristine Grigoryan, has drawn conclusions regarding the participation of children in a rally held near the Yerevan Municipality on April 1, 2022.

According to a monitoring of mass media and social networks on the day of the event, it was reported that students from Yerevan's A. P. Chekhov High School No. 55, accompanied by teachers and parents, participated in the rally. The Ombudsman's office monitored the rally's proceedings and conducted a fact-finding mission, which included discussions with representatives from the Yerevan Municipality's Department of General Education, the Department of Children and Social Protection, and the local police.

During the study, representatives of the Ombudsman held private conversations with participating parents, teachers, and children. At the time of observation, the rally included students from 2nd grade as well as from grades 5 to 9. According to students from grades 6 to 9, they participated in the rally voluntarily, stating that no one had forced or urged them to attend. They claimed to have joined the rally only after school hours had ended.

This information was subsequently corroborated by the teaching staff, who indicated that the rally was spontaneous. Representatives from the municipality noted that discussions held during the rally clarified that it occurred during scheduled class hours.

Ombudsman representatives discovered that a 2nd-grade student was also participating, and the Ombudsman's staff spoke with the child in the presence of the child's parent. During the conversation, the child revealed that they were unaware of the purpose of the rally, had not eaten before attending, and came with their mother. After the discussion, the mother and child left the rally.

The Ombudsman emphasizes the importance of reiterating that alongside education and other rights, the fundamental rights of a child include freedom of expression and the right to participate in peaceful assemblies. There is no hierarchy among the various rights of children; all rights are aimed at serving the best interests of the child, which is an absolute value. Failing to prioritize this can lead to violations of children's rights.

In examining the issue of children's participation in peaceful assemblies, it is critical to prioritize the best interests of children, taking into account the specific situation.

In light of this incident, the Human Rights Defender calls for all responsible parties to focus on the following:

• The state, society, and every adult citizen have a duty to protect children from being drawn into any processes without their adequate understanding of the purpose and potential consequences of participation.
• When assessing a child's right to freedom of assembly, it is imperative to be guided by the best interests of the child, considering the circumstances of the specific situation.
• The prerequisites for realizing children's rights include the principle of informed participation, the execution of rights corresponding to the child's age and maturity, and the critical role and responsibility of parents and legally accountable individuals in guiding children in exercising their rights.
• The actions of responsible individuals in schools—such as the principal and teaching staff—as well as police representatives, should be focused exclusively on ensuring the safety of children. They are primarily accountable to the parents who have entrusted them with their children.
• At the same time, there can be no talk of limiting the right to freedom of assembly for minors exhibiting sufficient maturity and conscious expression. Instead, all manifestations of children's freedom of expression should be encouraged through the realization of the aforementioned conditions.

This is detailed in the Ombudsman’s communication.