The right to be heard, participation
The
right to be heard (Article 12) affords that a child has the right to have their
views heard and taken into consideration in accordance with the age and
maturity of the child. This right applies in all decisions affecting the child,
including in the family and community, at school, in relation to service
provision and in the context of administrative and judicial proceedings.
Children have different needs to make their views heard and to be listened to,
some children may be timid, others may have hearing or speaking impairments,
some children may need an interpreter. Some children may be used to forming and
expressing their opinion, for others this might be more difficult. The right to
be heard applies individually to children and collectively to groups of
children and the child population more generally, it has therefore also a
social and political dimension.
See
also:
Level 5: Listen
Level 5: Consult the child
Level
9: Primary needs – Development – Protection – Participation
References:
EU training and learning platform for guardians of
unaccompanied children Chapter 3, Session 3.1. From arrival to durable solution: identifying and responding to special needs of the child
Literature:
Council of the Baltic Sea States (2019), Listen Up!
Creating conditions for children to speak and
be heard, Professional communication with children at risk of exploitation and
trafficking – Experience and lessons learned from the Baltic Sea Region, PROTECT Children on the Move Project,
Stockholm.
Council of Europe (2018), How to Convey Child-friendly information to children in migration, A handbook
for frontline professionals, Building a
Europe for and with Children, Strasbourg.
Council of Europe (2021), Listen – Act – Change
, Council of Europe Handbook on children’s
participation for professionals working for and with children,
Strasbourg.
KMOP, Defence for Children International – Italy (2015),
Resiland, Participation, capacities and resilience of children on the move against trafficking and exploitation, Orientations for officials and professionals
working with and for children on the move, Athens.
Lansdown, G. (2022),
‘Article 12: The right to be heard in: Vaghri, Z., Zermatten, J., Lansdown, G.,
Ruggiero, R. (eds.), Monitoring State compliance with the UN Conventionon the Rights of the Child, An analysis of
attributes, Springer, pp. 41-48.
Mitchels,
B. (2004), Let’s Talk
,
Developing effective communication with child victims of abuse and human
trafficking, Practical handbook for
social workers, police and other professionals, UNMIK, Government of Kosovo,
Ministry of Labour and Social Welfare, Pristina.
United Nations
(UN), Committee on the Rights of the Child, General Comment No. 12 (2009) on
the right of the child to be heard, CRC/C/GC/12, 20 July 2009.