Abstract
Abstract 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 Convention, 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.
Highlights
The participation of children and youth is one of the main provisions that is emphasised within the United Nations Convention on the Rights of the Child
A conceptual analysis of the aforementioned articles will be included to explore key notions embedded in each provision and for their effects on the meaningful participation of children
It is critical to examine articles within the crc that pertain to participation, best interests, capacity, voices and views of children and how these provisions relate to children involved in custody and access proceedings
Summary
The participation of children and youth is one of the main provisions that is emphasised within the United Nations Convention on the Rights of the Child (crc, 1989). Specific crc articles that emphasise capacity, voice, views and children’s best interests will be conceptually analysed in order to explore the language, intent and tensions amongst the provisions. One example is the use of Bricklin Perceptual Scales (Bricklin and Elliott, 1991), an assessment based upon extensive research which measures a child’s experience with each parent in four areas: competency, supportiveness, consistency and admirable traits It aims to assess how a child experiences life in relation to each parent in each of the four categories; this a frequently administered custody test for children (Bricklin and Elliott, 1991). It is critical to examine articles within the crc that pertain to participation, best interests, capacity, voices and views of children and how these provisions relate to children involved in custody and access proceedings. The four articles within the crc will be included and briefly summarised, followed by a more critical, conceptual analysis of these provisions
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