The Child's Right to Participate in Family Law Proceedings

Represented, Heard or Silenced?
1. Auflage 2022
ISBN: 978-1-83970-255-6
Verlag: Intersentia Ltd

Buch, Englisch, 442 Seiten, Format (B × H): 160 mm x 240 mm, Gewicht: 1000 g

This book contains an in-depth legal analysis of Article 12 of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the European Convention on the Exercise of Children's Rights, the Council of Europe's Guidelines on Child-Friendly Justice and Recommendation on the participation of children, and the European Union Charter of Fundamental Rights. The result is a comprehensive assessment of the child's right to participate in family law proceedings, providing the first complete analysis of the international and European human rights instruments in this field. Of note, the book's analysis of the case law of the European Court of Human Rights is unique, in both the inclusion of all of the Court's judgments and decisions on child participation as well as the application of an innovative and rigorous method of qualitative content analysis. This book therefore provides a greater understanding of the child's right to participate under Article 8 of the European Convention on Human Rights. Throughout the book, five key themes are addressed: the right to express views, due weight accorded to a child's views, the relevance of the child's age and maturity, the issue of undue influence, and the relevance of information and practical affairs. The standards provided in each of the instruments studied are compared and critically reflected upon. This book sets out the international and European framework for child participation and discusses critically how this framework can be further aligned and strengthened. New insights are reflected upon and recommendations made for the implementation and improvement of child participation rights at national and international levels.The Child's Right to Participate in Family Law Family Law Proceedings: Represented, Heard or Silenced? is a must read for scholars, family justice professionals, policy makers, and all persons working in the fields of children's rights and family law.

Autoren/Hrsg.

Mol, Charlotte

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Familienrecht

Über Autor(innen)

Mol, Charlotte
Charlotte Mol won the 2019 FJR Prize on 28 November for her publication 'Maturity and the Child's Right to be Heard in Family Law Proceedings - Article 12 UNCRC and Case Law of the ECtHR Compared' (published in K. Boele-Woelki & D. Martiny (ed.), Plurality and Diversity of Family Relations in Europe, 2019). The FJR Prize is awarded annually by the Family and Juvenile Law Association to the best article by a young researcher in the field of family and juvenile law. The article compares the age and maturity requirements for the right of children to be heard in family law proceedings in Article 12 CRC and the case law of the ECtHR. Possible explanations for the similarities and differences are offered and the implications for European states are discussed. The jury praised the article for its quality, originality and readability.