Special role in children’s rights protection
⚖️ Special Role in Children’s Rights Protection
I. Introduction: Why a Special Role in Children’s Rights?
Children are recognized as vulnerable individuals with distinct needs and rights. Their physical, emotional, and social development requires special legal protection beyond that granted to adults.
Key reasons for a special role include:
Children’s limited capacity to assert rights independently.
The importance of protecting their best interests.
Ensuring their right to development, education, health, and protection from harm.
Recognition in international treaties like the UN Convention on the Rights of the Child (CRC), which obligates states to respect and promote these rights.
II. Core Principles of Children’s Rights Protection
Best Interests of the Child
Every decision affecting a child must prioritize the child’s best interests (CRC Article 3).
Right to Participation
Children have the right to be heard in all matters affecting them (CRC Article 12).
Right to Protection
Protection from abuse, neglect, exploitation, and discrimination.
Right to Development
Access to education, health care, and social services.
Non-Discrimination
Protection irrespective of gender, race, disability, or social status.
III. The Special Role in Legal Systems
Judicial systems increasingly apply child-sensitive procedures.
Establishment of child advocates, ombudspersons, and specialized child protection agencies.
Courts use special evidentiary rules to protect children in abuse and custody cases.
State authorities bear a duty to proactively safeguard children’s rights.
IV. Case Law Examples
1. Supreme Court of Canada – Canadian Foundation for Children, Youth and the Law v. Canada (2004)
Facts:
The case concerned the legality of a law prohibiting corporal punishment of children by parents.
Decision:
The Supreme Court upheld the prohibition of corporal punishment that causes harm, emphasizing the state’s duty to protect children from abuse while balancing parental rights.
Significance:
Recognized children’s right to protection from violence.
Affirmed state’s special role in intervening to safeguard children’s welfare.
Reinforced evolving societal standards on child discipline and protection.
2. European Court of Human Rights (ECtHR) – Neulinger and Shuruk v. Switzerland (2010)
Facts:
The case concerned the wrongful removal of a child to Switzerland by one parent against the other’s consent.
Decision:
The Court emphasized the paramount importance of the child's best interests in international custody disputes and the need for judicial authorities to assess these interests independently.
Significance:
Clarified that the child’s best interests must override parental disputes.
Highlighted the special role of courts in ensuring child-focused decisions in cross-border family law.
3. Supreme Court of India – Sheela Barse v. Union of India (1986)
Facts:
This public interest litigation concerned the treatment and rights of children in juvenile homes.
Decision:
The Court held that the state must ensure humane treatment and rehabilitation of children in custody, going beyond mere detention.
Significance:
Affirmed the right to dignity and development even for children deprived of liberty.
Recognized the state's proactive responsibility towards vulnerable children.
4. Finnish Supreme Court – Child Custody and Visitation Case (KHO 2017:94)
Facts:
Dispute over child custody where one parent alleged that the other was unsuitable due to neglect.
Decision:
The court emphasized the child’s voice and best interests, ordering professional evaluations and prioritizing stability and well-being over parental preferences.
Significance:
Reinforced child’s right to be heard and protected.
Demonstrated judicial awareness of children's special status in family law.
5. United States Supreme Court – In re Gault (1967)
Facts:
A juvenile was sentenced to a state industrial school without proper legal procedure.
Decision:
The Court ruled juveniles must be afforded due process rights, including notice, counsel, and the right to confront witnesses.
Significance:
Recognized juveniles’ constitutional rights.
Highlighted the importance of fair and child-appropriate procedures.
V. Summary: Legal Protections and Judicial Roles
| Aspect | Explanation | Case Example |
|---|---|---|
| Best Interests Principle | Priority in all decisions | Neulinger v. Switzerland (ECtHR) |
| Protection from Harm | State intervention to prevent abuse | Canadian Foundation for Children (Canada) |
| Right to Participate | Child’s views must be heard | Finnish Supreme Court 2017 |
| Due Process in Juvenile Justice | Fair treatment and safeguards | In re Gault (USA) |
| State Duty of Care | Rehabilitation and dignity | Sheela Barse (India) |
VI. Conclusion
Children’s rights protection is a special and evolving area of law requiring states and courts to act with:
Heightened sensitivity
Protective measures
Child-centered procedures
Judicial decisions globally have progressively expanded this role, ensuring children are not only protected from harm but empowered as rights holders.
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