Right of the child to be heard in civil proceedings under the European Convention on Human Rights
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Abstract (EN)
Child right to be heard is ensured under Article 12 of the Convention on the Rights of the Child. According to Article 12, the child who is capable of forming his or her own views freely in all matters affecting the child being given due weight in accordance with the age and maturity of the child. Right to be heard is not explicitly acknowledged in European Convention on Human Rights. However, in accordance with the pirinciple of the integrity of human rights law, the European Court of Human Rights has also ruled in cases involving children with reference to the CRC. The Court assessed the child's right to participate in civil proceedings in the light of the procedural obligations arising from the right to respect for private and family life in Article ECHR 8. In the first part of the study, basic concepts and basic principles are explained. The second part is explained in the light of the general interpretation of the Committee on the Rights of the Child and the elements of the child's right to be heard. In the third part, the judgements of the ECtHR referring to the child right to be heard are examined. Keywords: The European Court of Human Rights, children rights, Convention on the Rights of the Child, child right to participation, child right to be heard, child's wish, right to respect for private and family life, procedural requirements.
Author
Feyza Coşkun Çuvaloğlu
How to Cite
Feyza Coşkun Çuvaloğlu (Master Thesis). Right of the child to be heard in civil proceedings under the European Convention on Human Rights, 2019, İstanbul University.
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