Supranational Instruments on the "Child’s Right To Be Heard"

Author/s Ornella Porchia
Publishing Year 2012 Issue 2012/1 Language Italian
Pages 21 P. 79-99 File size 235 KB
DOI 10.3280/DUDI2012-001003
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The article deals with the various international instruments referring to the children’s right to give their opinion in proceedings concerning them. These instruments represent a step forward in the recognition of children's rights. Indeed, they consider children no longer merely as the object of protective measures, but rather as subjects of procedural "rights". The article aims to offer an overview of the International treaties (such as the 1989 UN Convention and the 1996 Strasbourg Convention on children’s rights) and the European Union Law (such as the Charter of Fundamental rights) relevant on the topic. The paper then proceeds to take into account the effects of these instruments within the Italian legal order. Finally, the article focuses on the judicial level in order to find out which "supranational" court is called to play the most relevant role in the interpretation of the child’s "right to be heard", bearing in mind the complexity of the relationship between the different systems in place (international, European and national).

Ornella Porchia, Gli strumenti sovranazionali in materia di ascolto del minore in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 1/2012, pp 79-99, DOI: 10.3280/DUDI2012-001003