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Children's Access to Justice: a Critical Assessment

Children's Access to Justice: a Critical Assessment

Author: Mona Paré; Marielle Bruning; Thierry Moreau; Caroline Siffrein-Blanc
Publisher: Larcier Intersentia Publishers
ISBN: 9781839701979
Published In: April 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,423.10

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Children’s access to justice has emerged as an important topic in the children’s rights domain. While there has been increasing attention paid to child-friendly justice internationally, there has been relatively little research in this area. This book, with contributions from researchers and practitioners, explores the meaning, practice and challenges of children’s access to justice and contributes to a deeper understanding of what access to justice means to children, how they experience it and what it should look like in practice. It seeks to define access to justice in a global way, by addressing current challenges, asking new questions and providing answers to existing problems. One of the main areas of focus is children’s participation in legal proceedings, which critically explores how children are heard in family law, criminal law and child protection procedures. Special challenges faced by groups of children, such as indigenous children, are brought to light. The roles of different actors in justice, including judges and lawyers, but also institutions such as independent child commissioners and schools, and how they can improve children’s access to justice are explored. The book also highlights structural obstacles to children’s participation that can be explained by country-specific situations and the attitudes of adults towards children.

Many of the contributions are based on empirical research, bringing forth the voices of actors of justice and children themselves. While many of these contributions are county-specific, the book clearly demonstrates how challenges to children’s access to justice are universal in nature.

Introduction: A Critical Review of Access to Justice for Children (p.

PART I. CHILDREN'S ACCESS TO JUSTICE IN CHILD PROTECTION PROCEEDINGS

The Practice of Hearing the Child in Child Protection Proceedings in France (p.

13)

Child Participation in Dutch Family Law and Child Protection Proceedings (p.

25)

Children's Voices on their Right to be Heard in the Field of Child Protection in Belgium (Communaute francaise): Highlighting of Blind Spots Regarding the Place and Role of the Parents (p.

39)

The Significance and Effectiveness of Children's Participation in Judicial Child Protection Procedures in Quebec, Canada (p.

55)

PART II. CHILDREN'S ACCESS TO JUSTICE IN JUDICIAL AND NON-JUDICIAL PROCEDURES

Children's Access to and Participation in the Family Justice System in France: Limits, Paradoxes and Recommendations (p.

71) Child Participation in Family Dispute Resolution in Canada (p.

83)

Access to Criminal Justice for Minors in France (p.

97)

Children's Access to Justice in Jersey: Obstacles and Impediments (p.

109)

Children's Access to Procedural Justice in School Discipline Processes in Ontario, Canada (p.

123)

Children's Rights to Access Justice at the International Level: Challenge and Opportunity (p.

139)

PART III. OBSTACLES TO CHILDREN'S ACCESS TO JUSTICE AND AVENUES FOR SOLUTIONS

Children's Access to and Participation in the Justice System in Light of National Characteristics (p.

155)

Impediments to Access by the Children of Indigenous Peoples to the Justice System in Cameroon (p.

169)

The Transition Towards Child-Friendly Communication in the Justice System: 'And You, Are You Listening to Me?' (p.

183)

Legal Representation as a Necessary Element of Children's Access to and Participation in Family Justice (p.

197)

Access to Justice in Protection of Young People in Quebec: The Current Status and Recommendations from those Primarily Concerned - The Children (p.

211)

Photovoice as a Tool for Indigenous Children's Participation in the Justice System (p.

225)

PART IV. CRITICAL REFLECTIONS ON CHILDREN'S ACCESS TO JUSTICE

The Risks of Unanticipated Consequences from Children's Participation in the Justice System (p.

241)

Concluding Remarks on Children's Access to and Participation in Justice (p.

255)

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