The Chancellor of Justice pointed out that the UN Convention on the Rights of the Child and the Estonian Constitution require a reasonable balance between the child's right to participation and protection.

On the one hand, a child needs special protection and care because of their physical and mental immaturity. On the other hand, the child is an autonomous legal subject who has the right to participate in decisions concerning him or her. Remember that a child's capacity for decision-making and responsibility grows as they mature. The more knowledge, experience, and understanding a young person has, the greater his or her autonomy to exercise his or her rights.

The Chancellor of Justice considers striking an appropriate balance between the child's need for protection and their right to make their own decisions when setting age limits. She gave several examples of possible discrepancies.

In Estonia, elections for municipal and parish councils are open to young people aged 16, while you must be at least 18 years old to be a member of a political party. However, younger members may belong to the party's youth council.

She also pointed out that for a young person's application for admission to upper secondary school to be accepted, the application must be made by the young person's parent.

"A 15-year-old may participate in administrative proceedings, but a minor may not act independently in administrative proceedings. In civil proceedings, a person aged 15 or over may act together with a legal representative, while a person aged 14 or over may have an independent right of appeal," she said.

When it comes to healthcare, a child's right to self-determination depends on his or her capacity to exercise informed judgement, as assessed by a healthcare professional. The processing of a child's personal data is usually based on the consent of the parent, although it sometimes also involves processing in situations where the law otherwise gives the young person the right to decide independently. For example, in relation to care, child benefit is available until the age of 19, while disability benefit is only available until the age of 16.

"It is important to involve youth representatives in discussions on these issues. Involvement should not be limited to the youth councils of political parties, but can also take the form of outreach to the Estonian School Students Councils' Union (EÕEL), child rights ambassadors of the Estonian Union for Child Welfare (Lastekaitse liit) or other national youth organizations," Madise said.

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