The 1989 Convention on the Rights of the Child and the 1996 European Convention on the Exercise of Children’s Rights guarantee the right of a child to be informed, to express his or her views in proceedings and to apply for the appointment of a special representative in judicial and administrative procedures, and impose a duty to the Member States to enable the participation of the child in such procedures, in accordance with the procedural rules of national law.
The course focus is on children who participate in the civil justice system as parties and witnesses to the procedure. The practical implementation of the children’s rights to be informed and to be heard in the justice system is a fundamental element of child-friendly justice.
The course sets forth several topical themes of children’s procedural rights in civil justice system, inter alia by discussing the following issues: – Civil procedure as a regular method of legal protection. Family matters. Fundamental procedural principles. The right to access to justice and to a fair trial. Judicial activism and party autonomy; Child-friendly justice; Family judges and their roles in a comparative perspective; Social welfare centres and their role in proceedings; Parties. Ability of the parties. Procedural ability. Representation in the court proceedings; International and European instruments on participation of the child in proceedings; Children’s participation and enforcement of their rights. The right of the children to be informed about their rights, to be given appropriate ways to access justice and to be consulted and heard in proceedings. Procedural ability of the child. Participation of the child as a witness in proceedings; Representation of the child in a comparative perspective. Children’s lawyer. Legal Aid; Application of new technologies and the right of the child to be heard in proceedings; Family dispute resolutions and participation of the child in proceedings.