Children’s Participation in Legal Proceedings – Conditioned by Adult Views of Children’s Capacity and Credibility?

Abstract

The discussion about children’s participation in legal proceedings is not a new phenomenon. In Swedish legislation, case law, and legal science, the matter has been actualized for more than 50 years, and during this period, new laws and policy documents have been introduced to strengthen children’s positions in legal proceedings. On an international level and in international law, a number of policy documents have also been introduced to strengthen children’s rights to participate in decisions that affect their lives as well as their right to access to (child-friendly) justice. Despite public interest (both nationally and internationally) and national legislation concerning children’s participation, research shows that realizing this right of participation is a challenging task. Numerous studies show that children are not always heard, and that even if they are heard, their views are not taken into account and their statements are not considered reliable. In this chapter, I will discuss and analyse the tension that exists between the aim of giving children the right to participation in decisions concerning themselves – a right enshrined in national and international law – and the fact that this right often remains unrealized. The discussion and analysis will examine children’s right to participation in criminal, civil (custody), and child-protection cases.