Constructing Children's Views in the Enforcement of Contact Orders

2009 ◽  
Vol 17 (4) ◽  
pp. 663-680 ◽  
Author(s):  
Ingrid Höjer ◽  
Karin Röbäck
Keyword(s):  
Decision Making ◽  
Family Law ◽  
Exposure To Violence ◽  
Children's Rights ◽  
Chronological Age ◽  
Special Study ◽  
Swedish Study ◽  
Children’S Participation ◽  
Children’S Views ◽  
Children’S Exposure

AbstractUsing findings from a qualitative Swedish study on children in family law, in particular the enforcement of contact orders, the article focuses on how professionals recognise and account for children's views in such proceedings. Data include 46 court verdicts, whereof 18 files were selected for special study, and 12 interviews with professionals. Results indicate that constructions of what are the children's 'real' views; a discussion of protecting children from negative responsibility; and chronological age, can be used to subordinate children's participation in court. In cases where children's 'conditions' for contact are disregarded by the court, we argue that the children's views are invalidated, as are the possible risk for children's exposure to violence and/or abuse. The reason for involving children in decision-making in family law is consequently not only to uphold children's rights, but to promote children's protection as well.

scholarly journals Management and Governance Accountability to Children: Participation and Representation in Organisational Decision Making

2021 ◽  
Vol 16 (2-3) ◽  
pp. 197-226
Author(s):  
Claire O'Kane ◽  
Annabel Trapp ◽  
Paul Stephenson ◽  
Julia Smith-Brake
Keyword(s):  
Decision Making ◽  
Young People ◽  
Secondary Data ◽  
Lessons Learned ◽  
Enabling Factors ◽  
Children And Young People ◽  
Child Participation ◽  
Children’S Participation ◽  
Children’S Views ◽  
Children's Participation

Children’s participation and accountability to children are increasingly common aspirations of child-focused organisations; development agencies and research institutions frequently use young people’s advisory councils as one path to participation. A key challenge is to not only find meaningful ways to institutionalise children’s views as part of organisational decision making, but also to identify and address barriers to participation. This article presents the findings of a commissioned landscape assessment to identify good practices and lessons learned from child-focused agencies, in order to inform the operationalisation of children’s requests on programme improvements and accountability to children. The study was exploratory and qualitative. It included primary and secondary data collection, including a desk review, key informant interviews with adults and young people, and focus group discussions with young people. The findings showed common elements of organisational models of child participation and insights from children and young people on the types of decisions they want to influence, reasons why they should be heard, and how-to approaches to support their meaningful participation. Other findings focused on key challenges of children’s participation in governance, including adult mindsets, low capacity, and structural restrictions, and lessons learned on enabling factors, such as organisation-wide buy-in, and space and inclusion for children and young people. Further inquiry could inform the purpose, scope, and appropriateness of child participation in governance structures within child-focused organisations.

scholarly journals A children’s rights-based approach to involving children in decision making

2013 ◽  
Vol 12 (03) ◽  
pp. C02 ◽  
Author(s):  
Elizabeth Welty ◽  
Laura Lundy
Keyword(s):  
Decision Making ◽  
Student Voice ◽  
Children's Rights ◽  
Children’S Rights ◽  
General Assembly ◽  
Pedagogical Practice ◽  
Rights Of The Child ◽  
Un General Assembly ◽  
Children’S Views ◽  
The Voice

Children’s issues have become a greater priority on political agendas since the UN General Assembly adopted the Convention on the Rights of the Child (UNCRC). Each government has agreed to ensure that all those working with and for children understand their duties in relation to upholding children’s rights including the obligation to involve children in decisions that affect them (Article 12). Respecting children’s views is not just a model of good pedagogical practice, but a legally binding obligation. However, there is a limited awareness of Article 12, and how to actualise it. While many people speak about the ‘voice of the child’ or ‘student voice’, these concepts do not capture the full extent of the provision. Lundy (2007) developed a model, which helps duty bearers involve children meaningfully in decision-making. According to this model four separate factors require consideration: Space, Voice, Audience, and Influence. In this paper, we provide an overview of these four factors and a summary of the main implications of the model.

International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce

2012 ◽  
Vol 20 (4) ◽  
pp. 645-673 ◽  
Author(s):  
Nicola Taylor ◽  
Robyn Fitzgerald ◽  
Tamar Morag ◽  
Asha Bajpai ◽  
Anne Graham
Keyword(s):  
Decision Making ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Customary Law ◽  
Research Network ◽  
Parental Separation ◽  
Children’S Participation ◽  
Decision Making Processes ◽  
Children's Participation ◽  
Resolution Processes

This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation.

scholarly journals Views of the Child Reports: Hearing Directly from Children Involved in Post-Separation Disputes

2017 ◽  
Vol 5 (3) ◽  
pp. 148-154 ◽  
Author(s):  
Rachel Birnbaum
Keyword(s):  
Decision Making ◽  
Social Worker ◽  
Practice Research ◽  
Child Reports ◽  
Children’S Participation ◽  
Family Breakdown ◽  
Participation In Decision Making ◽  
Children’S Views ◽  
Children's Participation ◽  
Research And Policy

Views of the Child reports are being increasingly used in Canada and other countries as a means of directly obtaining the child’s perspective on disputes between their parents and/or guardians. The reports provide information about the child’s perspective based on one or more interviews with a social worker. Yet, little research exists about their use and impact, the benefits and limitations of the approach, and less about what factors need to be considered in establishing practices and protocols to safely advance children’s views before the court. This article draws on the direct experiences of 24 children between the ages of 6–17 years about their views and preferences during family breakdown. The children describe how they wanted to speak to someone about their views and preferences, raised questions about the accuracy of the reporting of their views, the need for protecting their confidentiality by having a say of what is included in the report, and their support for children’s participation in decision-making post-separation. Practice, research and policy considerations are also highlighted in order for children’s participation to be truly meaningful to them, their parents and the courts.

scholarly journals Missed opportunities. Why is Canada missing out on the opportunity to implement a National Children’s Rights Commissioner?

2021 ◽  
Vol 8 (1) ◽  
pp. 112-130
Author(s):  
Elena Gallitto ◽  
Patrick Ladouceur ◽  
Seyda Celebi
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Children And Youth ◽  
Missed Opportunities ◽  
Essential Step ◽  
Beneficial Impact ◽  
Children’S Views

Policies can impact the well-being of children both directly and indirectly. Despite the growing acceptance of children as active citizens, they are often neglected in decision-making regarding policy. The Canadian government, which is built on principles of liberty and respect of human rights has the duty to guarantee that children’s views and needs are taken into account. In this regard, the creation of a National Children’s Rights Commissioner is an essential step to the establishment of a system that is accountable to children and the entire community. In this paper, we present the arguments in support of the need for a National Commissioner of Children and Youth in Canada. Recent research on the beneficial impact of the National Commissioner and their successes across different Commonwealth countries will be presented, and implications will be discussed.  

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

Children’s Participation in Decision Making From Child Welfare Workers’ Perspectives: A Systematic Review

2021 ◽  
pp. 104973152098484 ◽  
Author(s):  
Karmen Toros
Keyword(s):  
Systematic Review ◽  
Decision Making ◽  
Child Welfare ◽  
Child Protection ◽  
Child Welfare Workers ◽  
Children’S Participation ◽  
Participation In Decision Making ◽  
Children's Participation ◽  
Meta Analyses ◽  
Welfare Workers

This article explores child welfare workers’ experiences of children’s participation in decision making in the child protection system. The systematic review follows the principles of the Preferred Reporting Items for Systematic Reviews and Meta-Analyses statement and includes 12 peer-reviewed articles published in academic journals from 2009 to 2019. Findings indicate that children’s participation in decision making is generally limited or nonexistent. The age of the child is an important determining factor concerning whether the child is given the opportunity to participate in decision making. Potential harm for children that may result from participation is considered when deciding on whether to include a child in the decision-making process.

scholarly journals Små barns medvirkning i samlingsstunder

2012 ◽  
Vol 5 ◽  
Author(s):  
Brit Johanne Eide ◽  
Ellen Os ◽  
Ingrid Pramling Samuelsson
Keyword(s):  
Decision Making ◽  
Early Childhood ◽  
Early Childhood Education ◽  
Everyday Life ◽  
Circle Time ◽  
Childhood Education ◽  
The Core ◽  
Rights Of The Child ◽  
Children’S Participation ◽  
Children's Participation

Title: Young children’s participation during circle time. Abstract: In day schedules of early childhood education, circle time has traditionally been one of the core situations. According to the Convention on the Rights of the Child, children should be given opportunity to influence their everyday life. This article presents an analysis of circle time in 8 toddler groups. The focus of the analysis is children’s opportunities to participate and take part in the process of decision-making during circle time. The results indicate that the toddlers take part in community of the group, but their opportunities to influence are limited.

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