NCJ Number
171482
Journal
Children's Legal Rights Journal Volume: 18 Issue: 1 Dated: (Winter 1998) Pages: 2-14
Date Published
1998
Length
13 pages
Annotation
This paper discusses judicial interviews and appointment of counsel for child as two ways in which legal proceedings have come to hear children's voices.
Abstract
The article looks briefly at historical trends in children's legal rights, including the 19th century supremacy of fathers' rights, welfare of the child principle, effect of parental conduct, and custody and access rules. The article discusses 20th century developments resulting in judicial concern for children's wishes and views, traditional theories of child development, the sociology of childhood, and needed reform. The article also discusses the United Nations Convention on the Rights of the Child, paying special attention to Article 12, which concerns the competent child's right to express his or her views in judicial ad administrative proceedings, either directly or through a representative or appropriate body. Family law faces the challenge of reforming legal processes premised upon antiquated attitudes toward children's capabilities. Children can participate and understand at a much higher level than is reflected in existing law. Notes