The Child's Right to Participate in Family Law Disputes

In family law proceedings, such as divorce, children are afforded the right to express their views and these must be considered seriously during the deliberation by the decision-maker. This book examines the international and European human rights frameworks through the lens of the child's right to participate.
Author(s):
Charlotte Mol
Series:
European Family Law
Volume:
52
book | forthcoming | 1st edition
September 2022 | 500 pp.

Paperback
€139.-


ISBN 9781839702556



Publication date: September 5, 2022

Details

This book contains an in-depth legal analysis of Article 12 of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the European Convention on the Exercise of Children’s Rights, the Council of Europe’s Guidelines on Child-Friendly Justice and Recommendation on the participation of children, and the European Union Charter of Fundamental Rights. The result is a comprehensive assessment of the child’s right to participate in family law proceedings, providing the first complete analysis of the international and European human rights instruments in this field. Of note, the book’s analysis of the case law of the European Court of Human Rights is unique, in both the inclusion of all of the Court’s judgments and decisions on child participation as well as the application of an innovative and rigorous method of qualitative content analysis. This book therefore provides a greater understanding of the child’s right to participate under Article 8 of the European Convention on Human Rights.

Throughout the book, five key themes are addressed: the right to express views, due weight accorded to a child’s views, the relevance of the child’s age and maturity, the issue of undue influence, and the relevance of information and practical affairs. The standards provided in each of the instruments studied are compared and critically reflected upon. This book sets out the international and European framework for child participation and discusses critically how this framework can be further aligned and strengthened. New insights are reflected upon and recommendations made for the implementation and improvement of child participation rights at national and international levels.

The Child's Right to Participate in Family Law Family Law Disputes: Represented, Heard or Silenced? Is a must read for scholars, family justice professionals, policy makers, and all persons working in the fields of children’s rights and family law.

Dr. CHARLOTTE MOL obtained her doctorate cum laude from Utrecht University, where she is currently Assistant Professor and member of the Utrecht Centre for European Research into Family Law (UCERF) and the Molengraaff Institute for Private Law. Charlotte received the Jaap Doek Children's rights master thesis award 2017 (Dutch) and the FJR Prijs 2019 for her contribution to Plurality and Diversity of Family Relations in Europe (Boele-Woelki & Martiny eds., Intersentia 2019).

Table of Contents

There are no separate chapters available for this publication.

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Professor Velina Todorova (Bulgaria).

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