Summary: 1. Introduction. – 2. Methodology. – 3. The Nature of Administrative and Judicial Proceedings Affecting The Child. – 3.1 Administrative Proceedings. – 3.2 Judicial Proceedings. – 4 The Child’s Right to Opinion And Expression in International Law Aand Related Issues. – 4.1 The Child’s Right to Express Their Views in Matters Concerning Them. – 5. The National Implementation of The Child’s Right to Be Heard: a Comparative Legislative and Judicial Perspective. – 6. Child Participation in Europe: Gaps in Practice Between Legal Promises and Everyday Realities. – 7. Conclusion.
Background: Early legal traditions treated children as passive and vulnerable individuals, with adults solely responsible for making decisions on their behalf. However, this attitude has gradually shifted, and children’s rights are now widely recognised. This study addresses the child’s right enshrined in Article 12 of the United Nations Convention on the Rights of the Child, to express opinions and to be heard in all matters affecting them, particularly in administrative and judicial proceedings. The study aims to bridge the gap between the theoretical framework and the practical application of this right by clarifying its concept and the nature of its enforcement during administrative and judicial proceedings involving the child, while also addressing the challenges of its practical implementation.
Methods: The researchers adopted a comparative analytical methodology, analysing the Convention on the Rights of the Child and examining and comparing the national legislation of Finland, France, and Belgium that guarantees the child’s right to be heard. The study also reviews the Committee on the Rights of the Child’s general comments and the practices of various courts.
Results and conclusions: The study finds significant disparities in the implementation of the child's right to be heard across legal systems, with some courts reluctant to hear from children. It underscores the need for clear procedural mechanisms to guarantee that children's voices are considered and that they are informed of the procedure's outcomes.