სამართალი და მსოფლიო (Mar 2024)
THE CHILD’S RIGHT TO BE HEARD IN CIVIL PROCEEDINGS
Abstract
Caring for the welfare of children is a continuous and ongoing process, the foundation of which is a legally sound system. Child-friendly proceedings are designed to ensure the meaningful involvement of children in the decision-making process, which, of course, is manifested in the proper realization of the child’s right to be heard. A child’s right to be heard in civil proceedings is a crucial aspect of child-centred justice, recognizing children as active participants in decision-making. The article studies the evolution of the child’s right to be heard in the international legal system, thus examining international conventions such as the United Nations Convention on the Rights of the Child and regional documents that recognize the children’s right to participate in decision-making processes related to them. The article analyzes the legal framework applicable in different jurisdictions, including challenges and best practices in exercising the right. In addition, the article discusses the importance of the child’s participation in civil proceedings, emphasizing its impact on the child’s development and well-being and, on the other hand, on the quality of court decisions. The article discusses the relationship between the child’s right to be heard and the standard of protection of the best interests. It emphasizes the need for a multidisciplinary approach when dealing with cases related to children. The article reviews the practical challenges and opportunities related to this issue and circumstances limiting the right, such as age and maturity. The legal ways necessary for better realization of the child’s right to be heard are proposed in the form of recommendations in the article.
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