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The paper is part of a collaborative research organized by the International Association of Youth and Family Judges and Magistrates (AIMJF/IAYFJM) on child participation as victims or witnesses in criminal cases. The article explains the legal, institutional and procedural aspects of child participation in the Justice System in Croatia.
Lana Peto Kujundžić
This paper examines the perspectives of child protection workers (CPWs) (n = 106) on the participation of children in child protection practice in Estonia. The findings indicated that child participation was most related to the term “asking a child’s opinion.” On a theoretical level, CPWs considered the asking of a child’s opinion to be significant in child protection practice in order to make decisions in the child’s best interests. In practice, however, asking a child’s opinion was acknowledged to be dependent on the level of development and age of the child, whether there were any custody disputes, and time factors. The reflections of CPWs indicate a protectionist approach regarding child participation because they discussed the issue of children being vulnerable and how encouraging them to participate might be detrimental to their well-being.
Karmen Toros, Asgeir Falch‐Eriksen
Abstract This paper addresses the research problem that arises from evidence that, despite supportive policy contexts, enactment of pedagogies that attend to young children's participation rights in classroom settings is highly variable. We report our exploration of the ways in which the child, and child participation are constructed in early education settings in Wales, where legislation and policy around children's rights has been a key feature of the Welsh Government agenda post‐devolution. Data were gathered via a qualitative online bilingual (English and Welsh) survey offered via email to teachers of children aged 3–7 in Wales. The overarching research question of the project was: How do teachers of children 3–7 years understand and enact the notion of participation as it relates to the children they teach? Data analysis focused on research participants' apparent constructions of the children they teach and their capabilities, and unpacked the ways in which these constructions relate to the reported opportunities for participation. The discussion is informed by the notion of the threshold concept, described by Meyer & Land as akin to a portal that opens new and previously inaccessible ways of thinking. We consider the extent to which the conceptual construction of the capable child maybe a threshold concept in shaping the realisation of children's participation rights in educative contexts.
Jane Waters, Alison Murphy, Sarah Chicken et al.
Since 2015, local municipalities in the Netherlands have been responsible for the organisation of the youth care and child protection system. One of the basic assumptions underlying the new Youth Act (2015) is the mobilisation and empowerment of the family to help solve their problems. Consequently, the participation of children and parents is essential in the implementation of youth care services. However, it seems that substantial differences exist between municipalities in realising children's participation in decisions that are taken concerning their care and protection. This article provides an interdisciplinary perspective on child participation; it explores both the legal opportunities for participation and the extent to which children can make use of these opportunities in practice. It is concluded that municipalities have large discretion in giving shape to child participation in the access to voluntary and coercive youth care. However, child participation is better regulated and implemented in practice with respect to compulsory youth care via court orders. Throughout almost the entire process, the minimum age limit from when children are involved in the decision-making process is 12 years, which means that children below that age have scarce opportunities to participate.
Stephanie Elaine Rap, Verkroost Denise, Mariëlle R. Bruning
Climate change legal frameworks call upon countries to mitigate and adapt to the adverse effects of climate change. These frameworks have influenced the creation of policies and laws addressing climate change across the globe. Activists, individuals, and civil society organisations have utilised campaigns, demonstrations, and climate change litigation to compel countries to adhere to their climate change obligations provided in these frameworks. However, climate change litigation is still in its infancy and progressing slowly in African countries. Additionally, children’s involvement in such litigation is limited despite international and domestic legal frameworks permitting their participation. This article argues that children’s participation in climate change litigation in African countries is currently tokenistic and does not afford them meaningful involvement in the decision-making processes in climate change matters. Having presented the importance of child participation, it examines the opportunities and limitations of children’s participation in climate change litigation.
Gift Gawanani Mauluka
Abstract Professional support of families that are under temporary protection, with the goal of reunification, is necessary for helping families re‐establish their family dynamics. Without this support, the conditions that contributed to child abuse and neglect will likely persist. In this context, the attitude of professionals towards positive parenting and child participation is a decisive factor. The quantitative study presented here contributes knowledge regarding these 2 variables. The study was conducted with 106 professionals who work in the child protection system. The results show a high degree of consensus among professionals regarding the following practices: (a) incorporating positive parenting into family reunification processes; (b) training the biological parents in parenting skills; and (c) promoting the active participation of children in foster care and reunification. Regarding the latter point, the study found that older and more experienced professionals are more open and inclined to promote participation in family reunification processes. The practical implications of the results invite us to review attitudinal competencies training for professionals working in child protection services, focusing on encouraging a positive attitude towards the parental competencies of the biological family and the active participation of children in foster care and reunification. These professionals' attitudes are a key factor in mediating the process of family reunification.
Ainoa Mateos Inchaurrondo, Núria Fuentes-Peláez, Crescencia Pastor Vicente et al.
Abstract Background Although child participation has attained significant awareness in child welfare research, little is known about how this right is upheld in emergency cases. Therefore, the various degrees to which children participate in child welfare services' emergency cases and factors predicting such participation were explored. Method Degrees of participation found in 148 case files (Mage = 11–12 years old, range; 3–18 years; 59% girls, 48% with minority backgrounds) from four Norwegian municipalities were regressed on 15 independent variables in a multinomial logistic regression. Results The children's advancing age increases their probabilities of involvement in the decision‐making processes regarding emergency placements (p < 0.001). The children's minority backgrounds enhance their likelihood of being informed of the placement and having their opinions given weight in decision‐making processes (p = 0.010). The study, nevertheless, revealed that 39% of children in emergency placements are not involved in these processes. Conclusions Case file documentation indicates inadequate involvement of children in emergency cases. Nevertheless, older children and those with minority backgrounds are more likely to participate, although the degree of their involvement varies. The study did not find a correlation between prior contact with child welfare services and child participation.
May Gresdahl, Halvor Fauske, Anita Skårstad Storhaug
The right of children to express their views on matters concerning them is a core principle of the Convention on the Rights of the Child, as defined in Article 12. However, research shows that interventions provided by Swedish child and family welfare services are planned and based on parents’ perspectives even though research suggests that child participation results in welfare service provision that is better matched to the children’s needs. The aim of this study is to explore how child participation is constructed in interventions provided by Swedish child and family welfare services and to study which elements are of importance to this process. The article is based on a qualitative interview study with 14 family social workers and 11 children aged 7–16 with experience of family interventions provided by the child and family welfare services. The results suggest that child participation is a collaborative process in which both the child and the FSW have an active role to play. Participation is constructed through a series of seemingly small, everyday actions in the meeting between the child and the FSW. By actively asking questions and allowing the child to practice participation and influence the process, the FSW can, together with the child, work towards increased child participation in interventions.
A. Markström, Catrine Andersson, Annelie Björkhagen Turesson et al.
Although children wish to be included in their own healthcare, they recognize a gap between their right to be heard and their ability to become involved. Despite adaptation of medical consultation styles which suit a more patient-centered approach, data on the current state of child participation in clinical encounters are missing. We aimed to assess actual child participation in a Dutch pediatric clinic. Children aged 4-18 years visiting a pediatric outpatient clinic for consultation after general practitioner's referral were included. Sixteen consultations of six pediatricians were recorded and transcribed verbatim. Quantitative measurement included word count and speech turn; conversation analysis with qualitative appraisal provided data on participatory behavior. Quantitative child participation equaled parent participation in turns (28% vs 29%, respectively), but remained limited in words (relative contribution 11% for child, 23% for parent and 66% for pediatrician). Children spoke on average six words per speech turn. Child age correlated positively with participation in words (p = 0.022, r = 0.566) and turns (p = < 0.001, r = 0.746). Children were mostly involved during social history taking, introduction, and physical examination but did not actively speak during the decision-making process. Children took an active role by instigating talks. Qualitative facilitators included appropriate language and verbal or non-verbal child allocated turns. Adults involved children by asking them questions and verifying their opinions or plans with the child. Teenagers participated most during the entire consultation, while younger children were more likely to lose their focus by the end of the conversation. CONCLUSION: Despite increased turn taking, children's verbal participation remains low in pediatric consultations. If pediatricians and parents maintain a triadic conversation style throughout every stage of the medical encounter, child participation may increase. WHAT IS KNOWN: • Verbal child participation varies between 4 and 17%, measured in turns, words, speech time, or utterances. • Child participation is limited to social talk, laughter, and providing medical information. WHAT IS NEW: • Child speech turns equal parental speech turns (28%), but average relative word count remains low (11%). • Three percent of the children's turns are defined a "contributing in decision making, giving their opinion or give consent," which equals three turns per consultation.
Maud M. Koenis, Heleen H. Vroman, Paul L.P. Brand et al.
The paper is part of a collaborative research organized by the International Association of Youth and Family Judges and Magistrates (AIMJF/IAYFJM) on child participation in family and protection matters. The article explains the legal, institutional and procedural aspects of child participation in the Justice System in the Republic of North Macedonia.
Olja Ristova, Aleksandra Deanoska Trendafilova
