Please use this identifier to cite or link to this item:
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Listening to the Child’s Voice in the Family Setting: From Aspiration to Reality
Authors: Sutherland, Elaine E
Contact Email:
Keywords: United Nations Convention on the Rights of the Child
Article 12
right to be heard
participation rights
child's views
Issue Date: 2014
Publisher: Jordan Publishing
Citation: Sutherland EE (2014) Listening to the Child’s Voice in the Family Setting: From Aspiration to Reality, Child and Family Law Quarterly, 26 (2), pp. 152-172.
Abstract: International efforts to ensure compliance with Article 12 of the United Nations Convention on the Rights of the Child, giving every child the right to be heard in all matters affecting him or her, are bearing fruit. In many domestic legal systems, there has been considerable progress in securing the participation rights of children and young people in shaping wider policy, law and practice and in the context of administrative and judicial decisions. For children, decisions taken on a day-to-day basis within their own families often have an immediate - and sometimes an enduring - impact on their lives. It would be ironic, then, if children's voices were heard less in the private sphere of the family than they are in the public sphere. This article addresses the child's voice in the family setting, exploring the benefits of listening to children and young people and the obstacles to doing so. It considers the mechanisms by which children's participation rights can be secured in that setting and, using the lens of the Finnish, South African and Scottish experiences, examines whether legislative provisions requiring parents and other caregivers to listen to children are effective. It concludes that cultural norms play a larger part in influencing behaviour than legislation and that legislation alone may not be enough, particularly where it is at odds with deep-seated cultural values.
Type: Journal Article
Rights: The publisher has not yet responded to our queries therefore this work cannot be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
Affiliation: Law

Files in This Item:
File Description SizeFormat 
CFLQ_CFLQ_2014_2_Articles_3_j-ebook.pdf126.97 kBAdobe PDFUnder Embargo until 31/12/2999     Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependant on the depositor still being contactable at their original email address.

This item is protected by original copyright

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.