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1
Krappmann, Lothar. "The weight of the child's view (Article 12 of the Convention on the Rights of the Child)." International Journal of Children's Rights 18, no. 4 (2010): 501–13. http://dx.doi.org/10.1163/157181810x528021.
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AbstractThe right of the child to be heard is an article of the Convention on the Rights of the Child, which most clearly expresses the concept of the child underlying the entire Convention. In the legal history of the Convention the substance of this article evolved in close connection with the article on the child's best interests. Based on article 12 manifold practices have been developed, now often are summarized under the heading of participation – a term not used in the Convention. These practices operationalize the article to an extent that questions are raised, in which way the broadly applied procedures can be understood as covered by the article. It is crucial that children are only heard, but their views are given weight.
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Clark, Sevda. "Voice or Voice-Over? Harnessing the Relationship between a Child’s Right to Be Heard and Legal Agency through Norwegian Bullying Cases." Social Inclusion 5, no. 3 (2017): 131–47. http://dx.doi.org/10.17645/si.v5i3.970.
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This article offers an analysis of the child’s right to be heard under Article 12 of the Convention on the Rights of the Child and its application in Norway, through a case study of bullying. The methodology combines a “top-down” legal interpretation of Article 12 in addition to an analysis of Section 9a of the <em>Education Act</em>, juxtaposed with bottom-up approaches. First, a legal analysis of Article 12 and the General Comments of the Convention on the Rights of the Child Committee is provided, with a view to demonstrating the strength of the connection between agency and voice. Looking from the bottom up, therefore, the article then pursues the voices of the bullied children themselves. It places its ear to the ground, so to speak, through an examination of complaints submitted by children to the Ombudsman for Children, in order to “hear” the voices of children subjected to bullying at school, before they are formulated in legal terms before judicial bodies. Finally, I offer a close reading of the report on Section 9a commissioned by the Norwegian Government, published in a 2015 Report (the “Djupedal Report”) in tandem with the leading Supreme Court 2012 decision on bullying, so as to critically examine the fulfilment of Article 12 in Norway. In the final analysis, I argue that in Norwegian bullying cases, though the child has the legal right to be heard, there is no voice, due to the limitations of legal agency for children pursuant to Article 12 of the Convention on the Rights of the Child.
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Hulshof, Henk. "Child participation in evaluating social protection projects: Do global development actors walk the talk?" Progress in Development Studies 19, no. 1 (2019): 1–20. http://dx.doi.org/10.1177/1464993418805170.
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This article assesses the compliance of key international development actors with children’s right to participation in evaluating social protection programmes they support in Africa. As children in sub-Saharan Africa assume an increasingly large share of global poverty, their right to be heard in these programmes is critical. The article elaborates on the legal requirements for the implementation of Article 12 of the UN Convention on the Rights of the Child (CRC) and demonstrates the practical relevance of children’s participation. The article concludes that as children are left out of the design and planning phase of social protection programmes, their role in monitoring and evaluation (M&E) can only be marginal.
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Mol, Charlotte. "Children’s Representation in Family Law Proceedings." International Journal of Children’s Rights 27, no. 1 (2019): 66–98. http://dx.doi.org/10.1163/15718182-02701001.
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In the debate on child participation in family law proceedings, a pertinent question is whether or not to provide children with representation and if so, how to provide it. Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial proceedings, through a representative. This article takes these minimum standards as a yardstick to evaluate the legal frameworks of child representation in the family law proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation, this article presents a “compliance report card” and concludes with new insights and questions regarding children’s representation and Article 12, uncrc.
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Kaukko, Mervi. "The crc of Unaccompanied Asylum Seekers in Finland." International Journal of Children’s Rights 25, no. 1 (2017): 140–64. http://dx.doi.org/10.1163/15718182-02501006.
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According to the un Convention on the Right of a Child (crc), all children in Finland have the right to participate in decision-making concerning them. This article shows how the conceptualisation of childhood affects the implementation of the crc, especially Article 12 on participation, focusing on unaccompanied asylum-seeking children in Finland. Universalist notions of childhood and children’s participatory rights overlook the specific socio-historical realities in which these rights exist. Therefore, this article adopts an intersectional view, in which children are seen not as future adults or citizens but as current rights-holders, and acknowledges the complexity of children’s reality where ethnicity, gender and past experiences are interrelated with the conception of childhood. Based on participatory action research with 12 unaccompanied girls, this article shows that they have justified views on their rights during the asylum process, and that those views should be heard and acted upon.
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Iryna, Protsenko. "The child right to be heard in court (using the 1980 Hague Convention in Ukraine as an example)." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 426–34. http://dx.doi.org/10.33663/0869-2491-2020-31-426-434.
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The Hague Convention on Civil Law Aspects of International Child Abduction in 1980 introduced a mechanism for resolving issues related to the illegal export or maintenance of children by persons closely related to them. According to this mechanism, executive and judicial authorities must take measures to quickly return the child to the state of his usual place of residence. However, such a return may be refused if there are circumstances specified in the 1980 Convention. One of these is the court's identification of the child’s objections to his return, however, provided that the child has reached an age and level of maturity at which his opinion should be taken into account. Therefore, the court of Ukraine finds out the opinion of the child only if he considers that he has reached the required age and level of maturity. However, the abstractness of the wording of this circumstance leads to the fact that when considering return cases in Ukrainian courts, the child’s opinion is often not heard unreasonably (for example, if the court considers the child’s age insufficient to clarify his opinion, or because the defendant does not insist on hearing the views of the child, or because the parties fail to provide evidence that the child has reached the required age and level of maturity). In our opinion, the courts, in order to avoid such errors, should more actively implement the stipulated in Art. 13 of the Civil Procedure Code of Ukraine the right, on its own initiative, to collect evidence regarding the subject of the dispute, in particular, by appointing a psychological examination aimed at determining the level of development of the child. Clarification of the views of the child should also be carried out with mandatory consideration of the provisions of Article 12 of the 1989 UN Convention on the Rights of the Child, which governs the right of a child to be heard. At the same time, it is worth introducing into the judicial practice of Ukraine the approaches enshrined in the Comments of the UN Committee on the Rights of the Child of General Order № 12 (2009) “The Right of the Child to be Heard”, in particular, related to assessing the child’s ability to express his thoughts
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Levison, Deborah, and Anna Bolgrien. "Using cartoon videos to survey children and adolescents in the global south: A Tanzanian example." Statistical Journal of the IAOS 36 (December 25, 2020): 147–59. http://dx.doi.org/10.3233/sji-200698.
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The Convention on the Rights of the Child, Article 12, states that children have the right to be heard on matters that concern them. Animating Children’s Views (ACV) provides an innovative product for implementing Article 12 while reducing the risk that nearby adults will disagree with and punish children, a vulnerable population. We argue that national statistical offices (NSOs) should add ACV child modules to large, representative surveys, thereby becoming leaders in inclusive survey designs. This methodology uses cartoon videos with recorded voiceovers heard through headphones, followed by questions referencing the video stories (vignettes) rather than the young respondent’s own life. Proxy reporting is not used, and literacy is not presumed. Analysis of follow-up interviews and focus groups helped interpret and validate quantitative results of ACV modules piloted in Tanzania. In addition to implementing Article 12, ACV can help NSOs improve interpretation of new and existing statistical sources by including the perspectives and behavior of young people in the Global South.
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Andersen, Christina Strandholdt, and Anne-Stine Dolva. "Children's perspective on their right to participate in decision-making according to the United Nations Convention on the Rights of the Child article 12." Physical & Occupational Therapy In Pediatrics 35, no. 3 (2014): 218–30. http://dx.doi.org/10.3109/01942638.2014.918075.
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Lücker-Babel, Marie-Françoise. "The right of the child to express views and to be heard: An attempt to interpret Article 12 of the UN Convention on the Rights of the Child." International Journal of Children's Rights 3, no. 3-4 (1995): 391–404. http://dx.doi.org/10.1163/157181895x00177.
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Donnelly, Mary, and Ursula Kilkelly. "Participation in Healthcare: the Views and Experiences of Children and Young People." International Journal of Children's Rights 19, no. 1 (2011): 107–25. http://dx.doi.org/10.1163/157181810x522379.
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AbstractArticle 12 of the Convention on the Rights of the Child provides for the child's right to be heard and to be involved in decisions made about him/her. Effective implementation of the provision can have a lasting impact on children's lives but it presents challenges, especially in areas like healthcare where the dynamics and pressures of the healthcare setting and the role of parents influence proceedings. Research involving children shows that their experience in this area is mixed, although they have a clear sense of the importance of being listened to about their healthcare and how their treatment can be improved. The similarities between children's opinions on what they want from the healthcare experience and what Article 12 and the Convention generally set out to achieve is reassuring and presents a strong template as to how to strengthen the protection of children's rights in the healthcare setting.
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Herbots, Katrien, and Johan Put. "The Participation Disc." International Journal of Children’s Rights 23, no. 1 (2015): 154–88. http://dx.doi.org/10.1163/15718182-02301007.
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Over twenty years after the adoption of the un Convention on the Rights of the Child, child participation and the child’s right to participate still remain subjects of discussion and interpretation. This article aims to examine critically the notion of “participation” through a literature analysis that cuts across several academic disciplines. A framework for understanding participation is proposed in the form of a participation disc. the crc is critically examined against the background of this participation disc. The significance to be attached to the crc participation rights will be ascertained with a particular focus on Article 12. An assessment, by means of a theoretical review, leads to the conclusion that enacting the participation rights in the crc is a result of a casuistic and fragmentary approach to participation rather than a well-considered view of participation. Therefore, a certain vigilance is required when interpreting, implementing and monitoring crc participation rights.
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Manion, Heather Kathleen, and Shelley Jones. "Child Rights Education - Building Capabilities and Empowerment Through Social Constructivism." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 7, no. 1 (2020): 16–48. http://dx.doi.org/10.22215/cjcr.v7i1.2615.
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Children have the right to a voice, to education and to education about their rights, as outlined in Article 12 and Article 29 of the United Nations Convention on the Rights of the Child. Child rights-based education can support children to be empowered with critical agency and exposed to connection to the wider world, better equipping them to become young global citizens and act in ways that demonstrate empathy and commitment to diversity, dignity, and equality. To obtain this goal, education systems must be aligned to foster these attributes and empower children to develop and exercise the capabilities that will best serve them in childhood as well as adulthood. This paper considers how we can support the empowerment and capabilities development of children through child rights-focused education using an integrated framework of empowerment, capabilities (Sen, 1999), and social constructivist (Vgotsky, 1978) education. Building on the foundations laid in the development and evolution of children’s rights, setting out the theoretical underpinnings and drawing on a case study of a rights-based education project, this paper will consider how rights-based education can be feasible and beneficial.
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Massons-Ribas, Anna, M. Àngels Balsells, and Neus Cortada. "The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation." Social Sciences 10, no. 7 (2021): 268. http://dx.doi.org/10.3390/socsci10070268.
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Children’s right to participation is enshrined in the Convention on the Rights of the Child (CRC), specifically in Article 12; however, the participation of children in the protection system continues to be a challenge. There is a need for a paradigm shift, in which children and adolescents (CA) are considered as active subjects of rights in all areas of their lives, and that means allowing them to participate in decisions that concern them. The study analysed 20 Spanish laws, both national and autonomous, that regulate child protection and the rights of CA in the protection system. It focuses on examining the participation of children in the protection system, divided into its three dimensions: the right to be informed, the right to be heard and the right to be involved. There is complexity in the different regulations. All of them are consistent with the CRC and provide for participation, but not all to the same extent. There is a lack of harmonisation between the legislation of autonomous communities, leading to practical difficulties for the professionals who have to implement the legislation on a daily basis.
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Lundy, Laura. "‘Voice’ is not enough: conceptualising Article 12 of the United Nations Convention on the Rights of the Child." British Educational Research Journal 33, no. 6 (2007): 927–42. http://dx.doi.org/10.1080/01411920701657033.
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Charles, Anthony, and Kevin Haines. "Engaging Young People as Partners for Change: The ur Community Project." International Journal of Children’s Rights 27, no. 1 (2019): 140–75. http://dx.doi.org/10.1163/15718182-02701007.
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Article 12 of the un Convention on the Rights of the Child (uncrc) declares that young people have the right to express views and to have these taken into account when decisions are made that affect them. Yet, children’s voices are still not universally heard in policy and operational discourses. In many areas of service delivery in particular, young people remain disenfranchised, in spite of evidence which attests to their desire positively to engage with adult decision makers. Challenging the apparent discordance between the rhetoric relating to young people’s decision making and reality (as perceived by children), this article offers a new and innovative template for researching with young people as partners for change in the specific context of research dissemination. Seeking to enhance understanding and influence practice, the article sheds some much-needed light on how participation rights can be made “real” at a local level.
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Covell, Tim. "Children’s Participation Rights in Film Classification Systems." International Journal of Children’s Rights 25, no. 2 (2017): 438–55. http://dx.doi.org/10.1163/15718182-02502005.
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Film classification helps countries meet their obligations to protect children under Article 17(e) of the United Nations Convention on the Rights of the Child. Classifying films is an administrative proceeding that affects children, by limiting and setting conditions on what they can view. Therefore, children should have their interests represented or otherwise participate, as required by Article 12. This paper researches the degrees and methods of child participation in film classification systems, primarily by a survey of agencies. Based on data from 22 agencies in 17 countries, 73 per cent have some degree of child participation. This ranges from providing a website for children, to children’s panels reviewing and discussing classification for pre-screened films. Comparison with other international data sets suggests countries with a high degree of child participation in film classification are those which are generally making good progress implementing children’s rights.
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Couzens, Meda. "Exploring public participation as a vehicle for child participation in governance: A view from South Africa." International Journal of Children’s Rights 20, no. 4 (2012): 674–704. http://dx.doi.org/10.1163/157181812x634210.
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Systematic child participation in governance decision-making has been slow to develop, and full realisation of the rights protected in Art. 12(1) of the Convention on the Rights of the Child, lags behind. This article explores alternative avenues for realising children's participation in governance, by analysing the legal protection of non-electoral forms of public participation, internationally as well as nationally in South Africa. The author provides a case study of the South African law, which arguably supports the inclusion of children's views in governance processes, through their involvement in public participation.
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Henderson-Dekort, Emmie, Veronica Smits, and Hedwig van Bakel. "The Meaningful Participation and Complex Capacities of Children in Family Law." International Journal of Children’s Rights 29, no. 1 (2021): 78–98. http://dx.doi.org/10.1163/15718182-29010004.
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Abstract This paper explores the connection between articles within the United Nations Convention on the Rights of the Child and the participation and capacities of children. Though discussed in an abundance of literature, this article aims to analyse conceptually articles relating to the participation of children and expand upon the concept of a child’s capacity. The specific setting of custody and access proceedings will be considered throughout. Four critical articles, 3, 5, 9 and 12, within the Convention, will be examined thoroughly which emphasise the capacities, voices, views and best interests of children. These articles will be adequately considered in order to determine how the provisions actualise the participation of children in custody and access proceedings. A conceptual analysis of the aforementioned articles will be included to discuss concepts, definitions, language and critiques.
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Streelasky, Jodi. "Valuing children’s voices across diverse global contexts: A gallery exhibit of children’s multimodal art." Global Studies of Childhood 10, no. 2 (2019): 145–55. http://dx.doi.org/10.1177/2043610619858752.
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This article describes an international classroom partnership with twenty-eight 5-to 7-year-old Canadian and Tanzanian children, and outlines the meaningful ways they were involved in the research process. In this project, the children shared their valued school-based experiences and environments through multiple self-chosen modes. The children’s arts-based multimodal texts, descriptions of their valued school experiences and environments, and their personal biographies were then shared at a 2-week exhibit at a national art gallery in Canada. The findings across both data sets revealed the children’s interest in spending time outdoors in their local contexts, engaging in collaborative and imaginative play. This project also addresses the importance of providing a space for children to share their perspectives, which aligns with Article 12 of the UN Convention on the Rights of Child. Article 12 addresses the importance of children having a right to have a voice and to have their opinions heard in matters that affect them. Article 13 is also highlighted in this project and outlines children’s right to freedom of expression. This right includes the freedom ‘to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice’. In this project, the Canadian and Tanzanian children’s multimodal texts of their valued school-based experiences revealed more similarities than differences in relation to what learning experiences mattered to them at school. During this project, the children in both contexts became interested and invested in their international peers’ lives and school-based experiences, and felt a sense of connectedness and kinship across the globe.
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Lenninger, Sara. "Narratives and the semiotic freedom of children." Sign Systems Studies 49, no. 1-2 (2021): 216–34. http://dx.doi.org/10.12697/sss.2021.49.1-2.09.
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Both adults’ habits-of-thought and their understanding of children’s stories shape how adults interpret children’s participation in conversations. In the light of the requests on children’s rights that follow from the Convention on the Rights of the Child (CRC) this paper stresses the relevance of authorities having semiotically informed knowledge on children’s meaning-making within conversations with adults. In Article 12, the CRC stipulates the right of children to participate in and to be heard about decisions that affect their everyday lives. According to the same Article, however, these rights can be restrained, based on the authority’s judgements of the child’s age and maturity. Sociological studies have highlighted the importance of adopting the child’s perspective in judging matters that concern her. The present paper further suggests that narrow conceptualization of the sign can help one to observe different levels of meaning in adults’ and children’s conversations better. Although Paul Ricoeur did not investigate children’s narratives per se, his theory of narratives and narrativity offers a phenomenological approach to development that allows for better theoretical discriminations of narrative as a semiotic resource, and can thus assist adults in truly listening to children.
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Welty, Elizabeth, and Laura Lundy. "A children’s rights-based approach to involving children in decision making." Journal of Science Communication 12, no. 03 (2013): C02. http://dx.doi.org/10.22323/2.12030302.
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Children’s issues have become a greater priority on political agendas since the UN General Assembly adopted the Convention on the Rights of the Child (UNCRC). Each government has agreed to ensure that all those working with and for children understand their duties in relation to upholding children’s rights including the obligation to involve children in decisions that affect them (Article 12). Respecting children’s views is not just a model of good pedagogical practice, but a legally binding obligation. However, there is a limited awareness of Article 12, and how to actualise it. While many people speak about the ‘voice of the child’ or ‘student voice’, these concepts do not capture the full extent of the provision. Lundy (2007) developed a model, which helps duty bearers involve children meaningfully in decision-making. According to this model four separate factors require consideration: Space, Voice, Audience, and Influence. In this paper, we provide an overview of these four factors and a summary of the main implications of the model.
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Heal, Jessica Faye, and Jessica Faye Heal. "Research with School Students: Four Innovative Methods Used to Explore Effective Teaching." Exchanges: The Interdisciplinary Research Journal 2, no. 2 (2015): 263–76. http://dx.doi.org/10.31273/eirj.v2i2.115.
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This article outlines four research methods we’ve employed to enhance how students from low-income backgrounds engage in research exploring effective teaching. It firstly outlines the need to be innovative, drawing Article 12 of the United Nations Convention on the Rights of the Child, and then moves on to explain two methods that scaffold a semi-structured interview, one child-led classroom tour and finally a creative ‘draw and tell’ approach. It argues that these methods are successful because they disrupt the researcher-participant power imbalance using the following techniques: Familiarity to the student, empowering the student to be an expert, and giving the student choice.
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Watkins, Dawn, Effie Lai-Chong Law, Joanna Barwick, and Elee Kirk. "‘If you are 10, you go to prison’: children’s understanding of the age of criminal responsibility." Northern Ireland Legal Quarterly 67, no. 3 (2016): 311–26. http://dx.doi.org/10.53386/nilq.v67i3.120.
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Under Article 12 of the UN Convention on the Rights of the Child, all children who are capable of forming their own views have the right to express those views freely in all matters affecting them. Through the use of innovative, participatory methods, the authors of this paper have gathered the views of over 600 children aged 8–11 years concerning the current age of criminal responsibility under English law. The aim of this article is to demonstrate what and how children think about the age of criminal responsibility; in the hope that children’s views, both individually and collectively, will both inform and influence debate on this significant issue. Through their analysis of children’s views, the authors demonstrate in this article that there exists for children a strong association between the notion of criminal responsibility and imprisonment. In light of this, the authors suggest that, alongside the discussions that are taking place around the appropriate age for setting criminal responsibility, priority must also be given to the consideration of steps that can and should be taken to increase children’s awareness of the English legal system to enhance their understanding of the criminal justice system and to improve their knowledge and understanding of children’s rights both in the context of wrong-doing, and more widely.
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Robinson, Carol, Ann Quennerstedt, and John I’Anson. "The translation of articles from the United Nations Convention on the Rights of the Child into education legislation: the narrowing of Article 12 as a consequence of translation." Curriculum Journal 31, no. 3 (2019): 517–38. http://dx.doi.org/10.1002/curj.6.
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McCafferty, Paul. "Implementing Article 12 of the United Nations Convention on the Rights of the Child in Child Protection Decision-Making: a Critical Analysis of the Challenges and Opportunities for Social Work." Child Care in Practice 23, no. 4 (2017): 327–41. http://dx.doi.org/10.1080/13575279.2016.1264368.
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Wall, Kate, Claire Cassidy, Carol Robinson, et al. "Look who’s talking: Factors for considering the facilitation of very young children’s voices." Journal of Early Childhood Research 17, no. 4 (2019): 263–78. http://dx.doi.org/10.1177/1476718x19875767.
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Grounded in children’s rights, this article advances understanding of the affordances and constraints in implementing Article 12 of the United Nations Convention on the Rights of the Child in educational settings with young children – those under 7. It starts from the premise that if we are to foster democratic skills and understanding in children and young people, we need to develop practices that support this from the earliest age. The article presents the outcomes of a seminar series facilitating dialogue among international academics working in the field and a range of early years practitioners. This opportunity for extended dialogue led to the development of a rich and sophisticated conceptual clarity about the factors that need to be considered if Article 12 is to be realised with very young children. Eight factors were identified as pivotal for consideration when facilitating voices with this age group: definition; power; inclusivity; listening; time and space; approaches; processes; and purposes. This article explores each in turn and proposes a series of provocations and questions designed to support practitioners in their endeavour to elicit young children’s voices.
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Olsson, Åsa. "Children's rights in Swedish teacher education." Human Rights Education Review 3, no. 2 (2020): 49–67. http://dx.doi.org/10.7577/hrer.3925.
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In 2020, the United Nations Convention on the Rights of the Child (UNCRC) was incorporated into Swedish domestic law. In the proposals for new legislation, it is emphasised that steps be taken to develop knowledge of children’s rights among professionals at all levels. This article explores the presence and status of children’s rights in Swedish teacher education. A total of 362 teacher-education course plans and syllabi at 12 universities were examined, and a questionnaire was conducted among 156 teacher educators. Although teacher educators judge knowledge around children’s rights to be important for pre-service teachers, the syllabi provide little guidance as to what knowledge pre-service teachers need. Using the framework for analysing human rights education designed by educational specialist Felisa Tibbitts, it is concluded that Swedish teacher education fits with a Values and Awareness Model, which is associated with socialisation but not with social change.
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Ouis, Pernilla. "Honourable Traditions? Honour Violence, Early Marriage and Sexual Abuse of Teenage Girls in Lebanon, the Occupied Palestinian Territories and Yemen." International Journal of Children's Rights 17, no. 3 (2009): 445–74. http://dx.doi.org/10.1163/157181808x389911.
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AbstractGirls in the Middle East are often exposed to serious violations of their rights as set out in the UN Convention of the Rights of the Child; these violations are particularly evident in the field of gender-based sexual discrimination and violence. The project described in this article attempts to produce a situation analysis of the exposure to sexual violence of girls aged 12-18 in three countries: Lebanon, The Occupied Palestinian Territories (the OPT) and Yemen. The article focuses on three particular types of gender-based sexual violence against teenage girls, namely honour violence, early marriages, and sexual abuse. The methods applied in the research were Focus Groups Discussions (FGDs) with about 8-12 participants in each FGD. In addition to the FGDs, life stories were also collected. The project emphasised the experiences and opinions of girls regarding the three types of sexual violence listed above. 384 teenagers participated in FGDs to express their views and experiences on sexual violence and more than thirty life stories were collected. The article explores how honour violence, early marriages, and sexual abuse are violations of the CRC and analyses the particular cultural mechanisms that underlie this gender-based sexual violence in the Middle East.
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Daly, Aoife. "No Weight for “Due Weight”? A Children’s Autonomy Principle in Best Interest Proceedings." International Journal of Children’s Rights 26, no. 1 (2018): 61–92. http://dx.doi.org/10.1163/15718182-02601012.
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Article 12 of the un Convention on the Rights of the Child (crc) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children’s views, and it is associated strongly with the indeterminate notion of “competence”. In this article, case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children’s rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent, for example) particularly lose out. Children’s views appear only to be given “significant weight” if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents’ rights, it is proposed in this article that a children’s autonomy principle is adopted in proceedings – in legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome, unless it is likely that significant harm will arise from their wishes. They should also have “autonomy support” to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults.
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Le Borgne, Carine, and E. Kay M. Tisdall. "Children’s Participation: Questioning Competence and Competencies?" Social Inclusion 5, no. 3 (2017): 122–30. http://dx.doi.org/10.17645/si.v5i3.986.
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While Article 12 of the Convention on the Rights of the Child has encouraged children’s participation in collective decision-making, the literature is replete with the challenges as well as successes of such participation. One challenge is adults’ perceptions of children’s competence and competencies. These are frequently used as threshold criteria, so that children viewed as incompetent or lacking competencies are not allowed or supported to participate. Despite this casual elision between children’s participation and their (perceived) competence and competencies, the latter are rarely explicitly defined, theorised or evidenced. This article draws on research undertaken in Tamil Nadu (South India) and Scotland (UK), with two non-governmental organisations supporting children’s participation in their communities. The article examines how staff members can validate and enhance children’s competence and competencies, by scaffolding children to influence decision-making and recognising and adding to children’s knowledge. These empirical findings suggest the need for increased scrutiny of the concepts of competence and competencies, recognising their disempowering potential. The findings argue that competence is situationally and socially constructed rather than a set and individual characteristic.
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Doel-Mackaway, Holly. "‘Ask Us … This Is Our Country’: Designing Laws and Policies with Aboriginal Children and Young People." International Journal of Children’s Rights 27, no. 1 (2019): 31–65. http://dx.doi.org/10.1163/15718182-02701008.
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If asked, and asked in the appropriate circumstances, Aboriginal children and young people have much to say about governance, law and policy – particularly about matters that are likely to affect their lives. Findings from field research conducted in the Northern Territory of Australia reveal a group of Aboriginal children and young people’s views about why and how they could be involved in designing legislative provisions such as the Australian Government’s “Northern Territory Emergency Response” and Stronger Futures legislation – commonly referred to as the Intervention. These findings support the conclusion that in order to create culturally appropriate, durable and relevant laws and policies, governments must first seek, then incorporate, Aboriginal children and young people’s views when designing measures likely to affect their lives – and do so in a manner that is consistent with article 12 of the Convention on the Rights of the Child (crc).
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Moore, Shannon. "CONSTRUCTING CRITICAL CITIZENSHIP WITH YOUNG PEOPLE: ALTERNATIVE PEDAGOGIES." International Journal of Child, Youth and Family Studies 2, no. 3/4 (2011): 494. http://dx.doi.org/10.18357/ijcyfs23/420117764.
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<p>The authors present theoretical and empirical arguments for adopting the United Nations Convention on the Rights of the Child (or CRC) to renew the teaching of citizenship to young students from a social justice standpoint (Giroux, 2003; Giroux &amp; Searls-Giroux, 2004; Mitchell, 2010; Moore, 2008; Smith, 2007). The paper draws its analysis and conclusions from a descriptive, exploratory study with key participants from a 2009 rally hosted by Nobel nominee, child rights activist, and founder of <em>Free the Children</em>, Craig Kielburger. Four of the paper’s co-authors were senior elementary students initially chosen as interviewees for the investigation and subject to traditional research protocols for minors. During data collection, however, their status shifted reflexively to include their contributions – not as objects under study or subjects of the interviewer’s questions – but as co-constructors of new knowledge. Relative to the dominance of their teachers and other adult groups “engaging” their participation, this new status allowed a deeper exploration of the meanings they attached to active citizenship through an innovative dialogue (see Kellett &amp; Ward, 2008; Kellett, Forrest, Dent, &amp; Ward, 2004; also Devine, 2002). Through participatory lenses embedded within CRC principles, particularly Article 12, the analysis transcends traditional disciplinary silos to offer a critical and transdisciplinary alternative pedagogy.</p>
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Derr, Victoria, Maria Sitzoglou, Tuline Gülgönen, and Yolanda Corona. "Integrating Children and Youth Participation into Resilience Planning." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 5, no. 1 (2018): 173–99. http://dx.doi.org/10.22215/cjcr.v5i1.1241.
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Article 12 of the United Nations Convention on the Rights of the Child of 1989 places obligations on States to provide opportunities for children to express their opinions and to have these opinions be taken seriously in matters that affect their lives. While many studies from around the world have shown that children and youth can meaningfully participate to inform a wide range of issues, wide-scale implementation of children’s participation and thus the realization of children’s rights, is still not widely achieved. In the context of planning for urban resilience, three cities in three diverse nations approached integration of children and youth into resilience planning, with varying success. While each city was able to support children’s voicing of perspectives facilitators also struggled with how to authentically integrate youth voices into a new realm of planning—for urban resilience. This article thus shares the approaches and objectives from each city and reflects on what can be learned from these experiences when trying to integrate children and youth opinions and perspectives into community planning, particularly when guided by international frameworks or agendas. While each city has some success in realizing children’s rights to participate, to a certain extent, lack of municipal frameworks for participation and lack of knowledge about and support for children’s participation among municipal leaders inhibited the realization of children’s participation.
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Olufisayo John-Akinola, Yetunde, Aoife Gavin, Siobhán Elizabeth O’Higgins, and Saoirse Nic Gabhainn. "Taking part in school life: views of children." Health Education 114, no. 1 (2013): 20–42. http://dx.doi.org/10.1108/he-02-2013-0007.
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Purpose – Child participation is increasingly a global phenomenon as stated by Article 12 of the United Nations Convention on Children's Rights. This supports the first principle, Democracy, of the Health Promoting School movement. The purpose of this paper is to facilitate a three-phase participatory research process (PRP) to document the views of children about participation in school. Design/methodology/approach – A total of 248 primary school pupils aged nine to 13 years participated: the first group of pupils answered two questions on individual coloured paper; the second group categorised these data separately, by question, assigning labels for each of the categories; and the third group used the categories to develop schema. The analysis was inductive. Findings – The most common categories for what made pupils feel a part of their school were school uniforms, sports, friends, teachers and their school/classroom environment. Increase in the number of school activities, encouraging friendship and equal participation were key indicators of how pupils would ensure that everybody felt a part of the school. The findings indicate that interpersonal relationships and belonging are in the opinion of children important for taking part in school life. Originality/value – The paper illustrates children's understanding of what taking part in school means to them. The PRP encouraged pupils to have control of the three-phase research process, and demonstrated the ability of children to work together in groups while having fun at the same time.
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Marisavljevic, Masa, Jelena Srna, and Lazar Tenjovic. "The predictors of parental use of corporal punishment in the upbringing of children of preschool age." Temida 21, no. 2 (2018): 269–91. http://dx.doi.org/10.2298/tem1802269m.
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Although Serbia has ratified the United Nations Convention on the Rights of the Child and thus committed itself to a complete ban on the corporal punishment in all settings, including home, very little is known about what kind of parents punish their children, how frequently and what their attitudes on this topic are. The objectives of the study presented in this article were: to determine what beliefs prevail among parents of preschool children in terms of corporal punishment of children, what is the incidence of corporal punishment in the upbringing of children of preschool age, and whether differences between parents regarding the use of corporal punishment in the upbringing of children of preschool age could be explained by the socio-demographic, individually psychological factors and experiences of parents in coparenting. The study included 293 parents of both genders, whose children attended preschools in Belgrade, Novi Sad and municipality of Alibunar. The respondents filled out a questionnaire that included various issues related to sociodemographic and individually psychological factors, a questionnaire on Attitude towards corporal punishment, a questionnaire on Beliefs about corporal punishment, as well as the questionnaire on Experiences in coparenting. The results have shown that parents believe that physical punishment harms a child (71%), that the child can be punished sometimes, or in exceptional cases but only slightly (about 50%). When it comes to the prohibition of corporal punishment, 46% of parents believe that it should be introduced. On the issue of the incidence of corporal punishment, 41% of parents have never applied corporal punishment, while 59% of them have applied corporal punishment: 45% of them on an annual, 12% on a monthly, 1% on a weekly, and 1% on an everyday basis. Parents with three or more children, who have experienced corporal punishment during their own childhood and those who have a more positive attitude towards corporal punishment are more likely to apply corporal punishment in the upbringing of their children. Younger parents are also more likely to punish children, however when we take into account the socio-demographic factors only. Experiences in coparenting are correlated with, but in the context of other predictors do not provide unique contribution to the predicton of the use of corporal punishment. Further research are needed in order to obtain more precise and broader picture about this subject.
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Robinson, Robbie JA. "The Right of Child Victims of Armed Conflict to Reintegration and Recovery." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (2017): 45. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2456.
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Article 39 of the Convention on the Rights of the Child provides for the right to recovery and reintegration of child victims of armed conflict. In this publication an explanation is tendered of when children are considered to be victims of armed conflict. Specific reference is made to the question of whether or not a former child soldier may be viewed as such a child victim. In addition the question is addressed of how a monist or dualist approach in terms of which treaty law is incorporated into municipal law influences the rights of child victims in terms of article 39 of the Convention of the Rights of the Child. Thirdly, article 39 is discussed against the background of the international human rights instrument, the Convention on the Rights of the Child.
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Šimenc, Marjan, and Zdenko Kodelja. "The Realization of the Right to Education in Slovenia." Šolsko polje XXXI, no. 3-4 (2020): 63–79. http://dx.doi.org/10.32320/1581-6044.31(3-4)63-79.
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The article presents the realization of the right to education, as set out in the Convention on the Rights of the Child, in the Republic of Slovenia. At the outset, attention is drawn to the special status of the right to education, which is not only the right of children, but also adults. Moreover, the right to education is closely linked to the realization of all other rights. This article presents a general overview of the implementation of rights according to Articles 28 and 29 of the Convention. Then it outlines the problems with the implementation of the Convention in selected areas. The main points are related to the education of Roma children, the quality of knowledge, private education. The complexity of the problem of the realization of the rights of Romani children to education has been repeatedly pointed out in international RS reports on the implementation of the Convention. It is not so obvious, however, that the quality of the knowledge received by students in schools is also an aspect that should be considered from the perspective of the Convention. This article analyses the regulation of private schools: this is the area of education in Slovenia where the biggest normative and factual change has occurred in the period after the adoption of the Convention on the Rights of the Child. The analysis shows that the arrangement is such that it satisfies the requirements set forth in the Convention.
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Tsvok, M. S. "The child’s right to freedom of expression and right to information: legal analysis." Legal horizons, no. 22 (2020): 52–57. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p52.
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The article analizes normative and legal acts, which establish the child’s right to freedom of expression and right to information. It is noted that Ukraine has ratified a number of regulations, which establish certain provisions concerning the child’s right to freedom of expression, as well as the right to freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. These include the Convention on the Rights of the Child (1989), the Convention on Contact Concerning Children (ETS- 192) (2006), and the European Convention on the Exercise of Children’s Rights (2006). It is mentioned that Ukraine has a State Social Program «National Action Plan for the Implementation of the UN Convention on the Rights of the Child» for the period up to 2021 (2018). Special attention is paid to the analysis of legal provisions regarding child’s use of information in the digital environment. In particular, it is stated that the Council of Europe Strategy on the Rights of the Child (2016‒2021) provides opportunities for growth in the digital world, and the Recommendation CM/Rec (2018)7 of the Committee of Ministers of the Council of Europe to member states establishes the principles of observance, protection and realization of the child’s rights in the digital environment. The article analyzes main provisions established in domestic law governing the child’s right to freedom of expression and right to information in Ukraine. At the same time, it is noticed that the implementation of these rights may be restricted by law in the interests of national security of Ukraine, its territorial integrity or public order. It is concluded that although today in Ukraine the implementation of the child’s right to freedom of expression and right to information is regulated, the national legislation in this area needs to be improved in accordance with existing international and European regulations.
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Bilyk, Oleksandra. "Issues concerning divorce in European Court of Human Rights case law." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 228–32. http://dx.doi.org/10.36695/2219-5521.2.2020.40.
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The article deals with the case law of the European Court of Human Rights in the context of the individuals’ possibility to dissolveone’s marriage in general and other issues related to divorce.Starting with the case of Johnston and Others v. Ireland (1986) ECHR made it clear that a right to divorce cannot be derived fromArticle 12 of the Convention (Right to marry). The Court stated that drafters of the Convention had no intention to include in Article12 any guarantee of a right to have the ties of marriage dissolved by divorce. On the other hand, in case of F. v. Switzerland (1987)ECHR stated that if national legislation allows divorce, which is not a requirement of the Convention, Article 12 secures for divorcedpersons the right to remarry without unreasonable restrictions.In more recent cases the Court dealt with issues concerning the lengthy divorce proceedings that impaired applicants’ right tomarry again. In this aspect the Court would not exclude that a failure to conduct divorce proceedings within a reasonable time could incertain circumstances raise an issue under Article 12 of the Convention. However, in such cases the Court emphasizes more on the issueof the violation of Article 6 § 1 of the Convention in light of the failure of the domestic authorities to conduct the divorce proceedingsefficiently.Another side of divorce proceedings was reviewed in case of Babiarz v. Poland (2017) where the applicant complained that byrefusing to grant him a divorce the authorities had prevented him from marrying the woman with whom he had been living and had achild. The situation arose due to the provisions of Polish law that a divorce could not be granted if it had been requested by the partywhose fault it was that the marriage had broken down, if the other party refused to consent. In the Court’s view, if the provisions of theConvention cannot be interpreted as guaranteeing a possibility, under domestic law, of obtaining divorce, they cannot, a fortiori, beinterpreted as guaranteeing a favourable outcome in divorce proceedings instituted under the provision of that law allowing for adivorce.
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Sutherland, Elaine E. "The Enigma of Article 5 of the United Nations Convention on the Rights of The Child." International Journal of Children’s Rights 28, no. 3 (2020): 447–70. http://dx.doi.org/10.1163/15718182-02803008.
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Abstract The United Nations Convention on the Rights of the Child sets the gold standard for the rights of children and young people, placing the obligation on States parties to ensure their realisation. Since most children live in families, recognising their rights has implications for other family members, particularly their parents. Article 5 creates a framework for balancing the rights and obligations of the parties – the child, the parents and the state – in this triangular relationship, requiring States parties to respect the right of parents to direct and guide the child in the exercise of Convention rights. Yet other Convention provisions address the parties’ roles, calling into question the need for Article 5. This article sets the scene for those that follow in this issue, exploring what the drafters of the Convention were seeking to achieve in Article 5 and highlighting issues that proved controversial, before focussing on the work of the United Nations Committee on the Rights of the Child to drill down into its content and address its place in the Convention.
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Broughton, Fiona. "Overstepping the Mark?" International Journal of Children’s Rights 24, no. 4 (2016): 687–717. http://dx.doi.org/10.1163/15718182-02404002.
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This article examines the position of the un Convention on the Right of the Child with regard to pre-natal children in light of the 2016 Concluding Observations of the Committee on the Rights of the Child. These Observations of the Committee recommend that Ireland, as well as and other State parties to the Convention, decriminalise abortion in all circumstances. The article analyses the possible remit of the Convention to apply to pre-natal children and concludes that the Committee deviates from the Convention’s ethos of inclusive human rights and is overstepping the mark in imposing its abortion belief system on States parties to the Convention.
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Rosenau, Henning. "The Human Right of Reproduction: Ovum Donation and Surrogacy." Juridica International 28 (November 13, 2019): 49–58. http://dx.doi.org/10.12697/ji.2019.28.06.
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The right to reproduction, including the use of modern methods of fertility medicine, is well founded on constitutional grounds and is protected by the Constitution Germany and of Estonia as well. This right is protected also at the level of European human rights, by Article 8 of the European Convention on Human Rights, which addresses the right to a private and family life. In light of Article 8(2) of that convention, restrictions to these are deemed legitimate only when they are based on scientifically valid evidence and to protect the wellbeing of the child. The author concludes that the current state of scientific knowledge gives insufficient reason to justify prohibition of ovum donation and surrogate motherhood. Said prohibition discriminates against people who rely on such methods (thereby infringing on Article 14 of the European Convention on Human Rights and Article 3(1) of the German Basic Law). Therefore, ovum donation and surrogacy should be allowed by law, as is proposed under sections 6 and 8 of the proposal for a modern law on reproductive medicine (AME-FMedG) issued by the Augsburg and Munich Working Group of medical ethics lawyers.
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de Bhailís, Clíona, and Eilionóir Flynn. "Recognising legal capacity: commentary and analysis of Article 12 CRPD." International Journal of Law in Context 13, no. 1 (2017): 6–21. http://dx.doi.org/10.1017/s174455231600046x.
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AbstractThis paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of this Special Issue with a general understanding of developments surrounding Article 12 so they can fully engage with the other papers within this Special Issue and with the content of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project as a whole.
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Zgonec-Rožej, Miša. "The European Court of Human Rights: Nada v. Switzerland." International Legal Materials 52, no. 1 (2013): 268–322. http://dx.doi.org/10.5305/intelegamate.52.1.0268.
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On September 12, 2012, the Grand Chamber of the European Court of Human Rights (the Court) ruled in Nada v. Switzerland that the implementation by Switzerland of the United Nations Security Council Al-Qaida Sanctions Regime violated the right to private and family life under Article 8, and the right to an effective remedy under Article 13 of the European Convention on Human Rights (ECHR).
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Sitkova, Olga Yu. "The Legal Nature of the Child’s Right to Access Information and the Restriction Thereof to Protect a Child Against Information Detrimental to the Mental Health and Development of Minors." Family and housing law 1 (January 14, 2021): 27–30. http://dx.doi.org/10.18572/1999-477x-2021-1-27-30.
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The article analyzes the norms of international acts in the field of human rights protection concerning the right to access information. The author of the article hypothesizes that the legal mechanism, which includes measures of coordinated interaction between the family and the state, best contributes to the implementation of measures to protect children from harmful information, combined with the preservation of the child’s right to access information. Within the framework of this direction, the article reveals the legal nature of the child’s right to access information. The article analyzes the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention on the Rights of the Child and a number of other international acts in this area. The practice of the ECHR in cases related to the right to freedom of expression has been generalized, which made it possible to determine the legal essence of this right in the context of the provisions of the main international acts on the protection of human rights
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Pichon, Jakob. "Does the Unborn Child Have a Right to Life? The Insufficient Answer of the European Court of Human Rights in the Judgment Vo v. France." German Law Journal 7, no. 4 (2006): 433–44. http://dx.doi.org/10.1017/s2071832200004764.
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In the July 8, 2004 case of Vo v. France, the European Court of Human Rights (“ECtHR”) dealt with the question of whether the embryo/fetus (“the fetus”) enjoys the protection of the right to life provided by Article 2 of the European Convention on Human Rights (“the Convention”). Below, a pregnant woman lost her fetus due to an error made by the attending doctor, and the Cour de Cassation, the French court of last instance, acquitted the doctor of involuntary homicide on the grounds that a fetus is not a person within the meaning of the French Criminal Code. Claiming a violation of her child's right to life within the meaning of the Convention, the woman appealed to the ECtHR. The ECtHR left open the question whether or not a fetus falls within the scope of Article 2; declaring that, even assuming Article 2 was applicable to a fetus, there had been no failure by France to comply with its obligations under Article 2, because the ECtHR deemed the institution of criminal proceedings unnecessary. Rather, it considered the possibility for the applicant to bring an action for damages as sufficient and therefore found that there had been no violation of the fetus's right to life.
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Rajska, Dagmara,. "Parent-Child Relationship Cases Before the ECtHR." SocioEconomic Challenges 4, no. 1 (2020): 36–64. http://dx.doi.org/10.21272/sec.4(1).36-64.2020.
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This paper summarizes the arguments and counterarguments within the scientific discussion on the issue of choosing between Article 6 (Right to a fair trial) or/and Article 8 (Right to family life) of the European Convention on Human Rights (hereafter ‘ECHR’) when being applied by the European Court of Human Rights (hereafter ‘ECtHR’) in parent-child relationship cases. The main purpose of this research is to understand these provisions and their interplay. There is no particular systematization of literary sources and approaches for solving this problem because it is new. The analysis of applications lodged before the ECtHR indicates that the applicants usually raise both provisions for the reason of procedural safety. What is the response of the ECtHR? The investigation in this paper concerning the topic ‘what is protected by which provision, and is there any pattern in the application of Articles 6 and 8 in cases involving both provisions?’ is carried out in the following logical sequence: Relevant legal framework (Section 2); Research interest and question (Section 3); Research methodology (Section 4); Parental authority, custody, and access/contact, regarding cases respectively involving Articles 6 and 8 ECHR (Section 5). The methodological tool of the research method was the ECtHR Hudoc database. The object of the research is the ECtHR, because, namely, this institution interprets Article 6 and Article 8 of the ECHR. The paper presents the results of an empirical analysis of 212 judgments delivered by the ECtHR during the last twenty years. These showed that, with regard to the interplay between Articles 6 and 8 ECHR, there are some trends in its case-law which give guidance to the applicants, the judges and other practitioners concerned, as well as to scholars. The results of the research can be useful in efficiently analyzing, applying, defending, and adjudicating these rights. Keywords: right to a fair trial, right to family life, parental authority, parental care, access/contact, European Convention on Human Rights.
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Egan, Anne. "Access and the non-custodial parent in the Republic of Ireland." Northern Ireland Legal Quarterly 62, no. 2 (2020): 199–215. http://dx.doi.org/10.53386/nilq.v62i2.416.
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Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.
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Forde, Louise. "Realising the Right of the Child to Participate in the Criminal Process." Youth Justice 18, no. 3 (2018): 265–84. http://dx.doi.org/10.1177/1473225418819086.
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The right of the child defendant to participate effectively in criminal proceedings is a fundamental aspect of the right to a fair trial, and is guaranteed under a number of international instruments, including the United Nations Convention on the Rights of the Child. Ensuring that the right is realised at the domestic level requires States to take positive steps to facilitate the child’s effective participation. This article examines how the child’s participation is supported through statutory provisions and by the courts in Ireland and New Zealand. The discussion highlights challenges and positive steps taken to facilitate effective participation in domestic law.
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Delport, Rina, and Gloudien Spies. "ADOLESCENTS’ RIGHT TO PARTICIPATE DURING STATUTORY INTERVENTION." Southern African Journal of Social Work and Social Development 26, no. 1 (2017): 24–41. http://dx.doi.org/10.25159/2415-5829/2177.
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Social work practice remains concerned about the widespread human rights abuses and the exclusion of children’s voices during statutory intervention. As stipulated by The United Nations Convention on the Rights of the Child (1994), confirmed by The African Charter on the Rights and Welfare of the Child (1999) and the Children’s Act (Section 10, 38 of 2005), it is of paramount importance that the child, which includes the adolescent, must experience freedom of expression as well as the right to be heard during statutory proceedings. However, it is argued that despite the national and international focus on the importance of child participation, the question remains if children do understand and receive the opportunity to participate in practise. This article reflects on adolescents’ understanding and experiences of their right to participate during statutory intervention.