Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-05-28T17:49:09.016Z Has data issue: false hasContentIssue false

Concluding Remarks on Children’s Access to and Participation in Justice

Published online by Cambridge University Press:  19 November 2022

Get access

Summary

From all the rich contributions in this volume, it emerges first of all that the participatory rights of minors are now enshrined and firmly anchored on international as well as national foundations. The right of the child to participate in decisions that concern them is now implemented in most countries to varying degrees and in different ways. This diversity in the implementation of participatory rights, which sometimes borders on inequality, can be seen at various levels.

The child’s right to be heard diff ers according to their age and, above all, according to whether or not they are capable of ‘discernment’ or capable of forming their own views. In my opinion, only discerning minors should participate because otherwise children risk being manipulated and making statements they do not understand, and which could be turned against them. In particular, in the context of child protection, when the minor is not capable of discernment, thought must be given to autonomous and independent representation of the child’s interests because, in most cases, there is a conflict of loyalty between the child and their parents or between the child and their foster family or the structure that assumes their care.

Nor are the participatory rights of the child the same depending on the proceedings in which they are applied or the position of the child in the proceedings. The participation of the child is obviously different depending on whether they are a party or not, and therefore legally capable or not. In the latter case, the child’s hearing is more important because it is their only means of participating in the proceedings.

When the child is the subject of criminal proceedings, it is no longer a question of mere participation, but of a charge that could lead to a conviction. Given the age of the child concerned, a specialized overall regime must be put in place, from the beginning to the end of the procedure, including the phase of implementing the sanction. However, this specialization remains fragmented and is even declining.

Type
Chapter
Information
Children's Access to Justice
A Critical Assessment
, pp. 255 - 257
Publisher: Intersentia
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×