Abstract
In the debate on child participation in family law proceedings, a pertinent question
is whether or not to provide children with representation and if so, how to provide it.
Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial
proceedings, through a representative. This article takes these minimum standards as
a yardstick to evaluate the legal frameworks of child representation in the family law
proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation,
this article presents a “compliance report card” and concludes with new insights and
questions regarding children’s representation and Article 12, uncrc.
is whether or not to provide children with representation and if so, how to provide it.
Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial
proceedings, through a representative. This article takes these minimum standards as
a yardstick to evaluate the legal frameworks of child representation in the family law
proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation,
this article presents a “compliance report card” and concludes with new insights and
questions regarding children’s representation and Article 12, uncrc.
| Original language | English |
|---|---|
| Pages (from-to) | 66-98 |
| Journal | International Journal of Children's Rights |
| Volume | 27 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - 2019 |
Keywords
- un Convention on the Rights of the Child – Article 12
- uncrc – Right to Representation – Family Law Proceedings – Australia
- France, the Netherlands, South Africa