000			02661nab a22002897a 4500
999			_c5792 _d5792
005			20250625151448.0
008			180327s2018 -nz||||| |||| 00| 0 eng d
040			_aAFVC
100			_aDaly, Aiofe _97435
245			_aNo weight for “due weight”? : _ba children’s autonomy principle in best interest proceedings _cAiofe Daly
260			_bBrill Online, _c2018
500			_aInternational Journal of Children’s Rights, 2018, 26(1): 61-92
520			_aArticle 12 of the UN Convention on the Rights of the Child (CRC) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children’s views, and it is associated strongly with the indeterminate notion of “competence”. In this article, case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children’s rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent, for example) particularly lose out. Children’s views appear only to be given “significant weight” if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents’ rights, it is proposed in this article that a children’s autonomy principle is adopted in proceedings – in legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome, unless it is likely that significant harm will arise from their wishes. They should also have “autonomy support” to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults. (Author's abstract). Record #5792
650			_aCHILDREN _9127
650		4	_aCONTACT (ACCESS) _929
650			_aCHILDREN'S RIGHTS _9135
650			_aFAMILY LAW _9244
650			_aJUSTICE _9333
650			_aPARENTS _9430
650			_aSEPARATION _9522
650		5	_9617 _aConvention on the Rights of the Child (UNCROC)
650		5	_aYOUNG PEOPLE _9660
773	0		_tInternational Journal of Children’s Rights, 2018, 26(1): 61-92
830			_95280 _aInternational Journal of Children’s Rights
856			_uhttp://booksandjournals.brillonline.com/content/journals/10.1163/15718182-02601012 _yRead abstract
942			_2ddc _cARTICLE