The Meaningful Participation and Complex Capacities of Children in Family Law

Emmie Henderson-Dekort, Veronica Smits, Hedwig van Bakel
2021 The International Journal of Children's Rights  
This paper explores the connection between articles within the United Nations Convention on the Rights of the Child and the participation and capacities of children. Though discussed in an abundance of literature, this article aims to analyse conceptually articles relating to the participation of children and expand upon the concept of a child's capacity. The specific setting of custody and access proceedings will be considered throughout. Four critical articles, 3, 5, 9 and 12, within the
more » ... ntion, will be examined thoroughly which emphasise the capacities, voices, views and best interests of children. These articles will be adequately considered in order to determine how the provisions actualise the participation of children in custody and access proceedings. A conceptual analysis of the aforementioned articles will be included to discuss concepts, definitions, language and critiques.
doi:10.1163/15718182-29010004 fatcat:d5tvpuw23rf5hb7nvpnxlvzp3a