In law, traditionally dominated by adult voices, the contribution of children often remains unheard. However, considering the impact of legal decisions on children’s lives, their participation in relevant matters has become important. Stephen Millan will discuss the extent to which children can voice their opinion in legal issues affecting them.
The Groundwork: The Right to Be Heard
The United Nations Convention on the Rights of the Child (CRC) underlines in Article 12 the right of the child to be heard in any judicial or administrative proceedings that affect them. This pioneering declaration heralded a paradigm shift in the traditional legal approach, recognizing that children not only have rights but also have a voice that deserves to be listened to.
Incorporation in Domestic Law: A Varied Picture
The translation of this international principle into national laws varies significantly. Stephen Millan A number of nations have amended their legislation to embody this right, allowing children to express their views in matters concerning their welfare, like custody disputes or adoption proceedings. However, in some jurisdictions, the realization of this right is still a work in progress.
Empowering the Young: Child Lawyers and Advocates
In order to support children in voicing their views effectively, the legal system often provides them with advocates or lawyers. This outside help is pivotal in explaining to children their rights, the legal process and its potential outcomes. It also plays a crucial role in presenting children’s opinions effectively in front of courts and administrations.
Balancing Act: Age and Maturity
The right to participation does not mean that children’s views are the overriding factor in legal decisions affecting them. Instead, the weight given to a child’s opinion often hinges on their age and maturity. Courts and decision-makers must strike a balance between respecting a child’s autonomy and ensuring their protection and best interests.
Stephen Millan Involving children in legal matters affecting their lives empowers them and instills an understanding of their rights and the legal process. The journey to listen to young voices in every corner of justice systems, while still evolving, offers a promise of a future where every child is not just a passive recipient but an active participant in the process.
