Right to be heard

The right to be heard (also children's participation) is a child rights principle as defined by the UN Convention on the Rights of the Child. According to Article 12 of the Convention, children have the right to express their views in all matters affecting them and their views have to be given due weight in accordance with the age and maturity of the child. This right applies equally to children’s participation in social and political matters as well as in judicial and administrative proceedings. As a general principle, the child’s right to be heard reflects the concept of children‘s ‘agency’, viewing children not only as vulnerable persons in need of special protection, but also as informed decision makers, rights holders and active members of society.

The right to be heard from Article 12 relates closely to other articles under the Convention, which together form the so-called ‘participatory rights’ of children and underline the understanding of children as citizens who are rights holders. These articles include:

Trust is a key element of encouraging a child to express their views. Strategies for building trust with children include:

In the cases of younger children or children with impaired cognitive skills, the child’s participation can be through drawing or play, or by observing of the child’s behaviour with family members and care staff. Adapting the language to the age and development of the child helps insure the child can understand the issues at stake and express her or his feelings and views.

National laws usually define age limits for children to have the right to contact social services on their own initiative, to be heard in judicial and administrative procedures, to act as a litigant or party to a case, to appeal against decisions, and to complain and seek redress. The age limits defined under national law differ among countries and, in some cases, also between the various laws applying to different groups of children and contexts. The right of younger children to be heard is often not addressed in the same way as the right of adolescents. Special measures nationally can ensure younger children are not excluded from exercising their right to be heard.

For some children, the gender of the interviewer, interpreter, cultural mediator, guardian or care staff may change their willingness to express themselves. The may depend on the experiences that children have with men and women in their homes and communities, and if in migration, during their journey or in places of destination. Traditional gender roles and relations can also play a role. The gender identity of the child should be respected.

Many children do not want to tell their story to the authorities because they fear it might not be in their interest and might lead to unwanted consequences, such as being returned. Children might have been instructed or even threatened by third persons to only tell parts of their story, and the child might not trust the police and local authorities can protect them. A reception system that respects and upholds the dignity of the child can foster a sense of trust.

...
Wikipedia