Realising the Right of the Child to Participate in the Criminal Process

The right of the child defendant to participate effectively in criminal proceedings is a fundamental aspect of the right to a fair trial, and is guaranteed under a number of international instruments, including the United Nations Convention on the Rights of the Child. Ensuring that the right is realised at the domestic level requires States to take positive steps to facilitate the child’s effective participation. This article examines how the child’s participation is supported through statutory provisions and by the courts in Ireland and New Zealand. The discussion highlights challenges and positive steps taken to facilitate effective participation in domestic law.

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Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

Icelandic Review of Politics & Administration ◽

10.13177/irpa.a.2015.11.2.10 ◽

2015 ◽

Vol 11 (2) ◽

pp. 313-332

Author(s):

Hrefna Friðriksdóttir ◽

Hafdís Gísladóttir

Keyword(s):

United Nations ◽

Child Protection ◽

Justice System ◽

Democratic Society ◽

Rights Of The Child ◽

The Status ◽

United Nations Convention ◽

Child Friendly ◽

The Right ◽

International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

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New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child

The International Journal of Children s Rights ◽

10.1163/15718182-02803003 ◽

2020 ◽

Vol 28 (3) ◽

pp. 588-612

Author(s):

Mark Henaghan

Keyword(s):

New Zealand ◽

United Nations ◽

Case Studies ◽

Family Members ◽

Central Theme ◽

Rights Of The Child ◽

Unique Identity ◽

United Nations Convention ◽

International Instruments ◽

Article 5

Abstract Article 5 of the UN Convention on the Rights of the Child recognises the importance of parents and wider family members in ensuring that children are given appropriate directions on their rights in the UN Convention on the Rights of the Child. This paper analyses the wording of Article 5 and four New Zealand case studies to test the possible interpretations of Article 5. The paper builds on the work of Landsdown and Kamchedzera (Landsdown, 2005; Kamchedzera, 2012) who have done previous comprehensive analyses of the ambit and significance of the wording in Article 5. Article 5, like all international instruments, is not designed to provide prescriptive answers to challenging problems where there is a clash of which rights should prevail for children in particular situations. The central theme of this paper is that where there is a clash of a child’s rights, the tiebreaker should be which right in the particular situation will best enhance the unique identity of a particular child. The paper draws on the work of Ronen (Ronen, 2004) which argues that the purpose of a child’s rights framework is so the child can construct their individualised identity which is authentic and real for that particular child. The New Zealand case studies have been chosen to exemplify particular aspects of Article 5 and see how they are played out in particular court settings and whether the outcome enhances or inhibits the child’s opportunity to develop their unique identity.

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Art.7 Children with Disabilities

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0008 ◽

2018 ◽

Author(s):

Bantekas Ilias

Keyword(s):

United Nations ◽

Children With Disabilities ◽

Best Interests ◽

Right To Life ◽

Persons With Disabilities ◽

Rights Of The Child ◽

General Welfare ◽

Survival And Development ◽

United Nations Convention ◽

The Right

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.

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Intercountry Adoption in New Zealand - A Child Rights Perspective

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v27i3.6107 ◽

1997 ◽

Vol 27 (3) ◽

pp. 421 ◽

Cited By ~ 1

Author(s):

J Couchman

Keyword(s):

New Zealand ◽

United Nations ◽

Hague Convention ◽

Intercountry Adoption ◽

Child Rights ◽

Current Form ◽

Rights Of The Child ◽

United Nations Convention ◽

The Hague ◽

The Hague Convention

In 1996, the Adoption Amendment Bill (No 2) was introduced into Parliament. The aim of the Bill was to implement in New Zealand the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. New Zealand's accession to the Hague Convention would provide significantly improved protection for some children who come to New Zealand as a result of intercountry adoption. This article provides information on intercountry adoption in New Zealand, the background to the Bill, and concludes that the Bill, if passed in its current form, would fail to provide protection for the majority of children who come to New Zealand as a result of intercountry adoption, and would not fulfil New Zealand's obligations concerning adoption under the United Nations Convention on the Rights of the Child.

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The Child’s Right to a Voice

Res Publica ◽

10.1007/s11158-020-09491-z ◽

2020 ◽

Author(s):

David Archard ◽

Suzanne Uniacke

Keyword(s):

United Nations ◽

Philosophical Analysis ◽

Childhood Studies ◽

Personal Choice ◽

Normative Power ◽

Rights Of The Child ◽

Adults And Children ◽

United Nations Convention ◽

Power Of Choice ◽

The Right

AbstractThis article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, in the various senses in which we might consider the child’s views, and in the questions of how to weight those views and how their weighting makes a practical difference in coming to a decision. In so doing we criticise other accounts that simply regard a child’s views as having consultative value. We also make better sense of how we might weight a child’s views. The philosophical issues addressed in the article carry implications for how we might understand Article 12 that are not satisfactorily identified and addressed in the voluminous literature on Article 12 within childhood studies. These issues also have implications for how we might understand the distinction between adults and children in respect of powers of personal choice. We conclude by emphasising the importance and value of the right that Article 12 seeks to formally identify.

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