The right of children to be heard in civil proceedings affecting them as enshrined by the Convention on the Rights of the Child is not expressly contained within the European Convention of Human Rights, nor has such a right been explicitly determined by the European Court of Human Rights. However considering the principles of evolutive interpretation, the positive obligations inherent within art. 6 and art. 8 as well as the case law on hearing children to date, it is to be argued that such a right can be derived under the Convention.
Monday, 30 May 2011
Article on Children's Right to be Heard
Aoife Daly of Trinity College Dublin has written an article on the rights of children in legal proceedings, entitled 'The right of children to be heard in civil proceedings and the emerging law of the European Court of Human Rights'. It was published in the third issue of volume 15 (2011) of the International Journal of Human Rights. This is the abstract: