The Child's Right to Participate in Family Law Disputes: Represented, Heard or Silenced?

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 Disputes: 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.