Journal articles on the topic 'Children's participation in legal processes'
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1
Couzens, Meda. "Exploring public participation as a vehicle for child participation in governance: A view from South Africa." International Journal of Children’s Rights 20, no. 4 (2012): 674–704. http://dx.doi.org/10.1163/157181812x634210.
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Systematic child participation in governance decision-making has been slow to develop, and full realisation of the rights protected in Art. 12(1) of the Convention on the Rights of the Child, lags behind. This article explores alternative avenues for realising children's participation in governance, by analysing the legal protection of non-electoral forms of public participation, internationally as well as nationally in South Africa. The author provides a case study of the South African law, which arguably supports the inclusion of children's views in governance processes, through their involvement in public participation.
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TURCZYK, MAŁGORZATA. "REALISING THE CHILD'S RIGHTS IN EARLY CHILDHOOD IN THE CONTEXT OF CHILDREN’S SOCIAL PARTICIPATION: THE CASE OF THE CHILD’S RIGHT TO A FAMILY." Society Register 5, no. 2 (May 15, 2021): 69–82. http://dx.doi.org/10.14746/sr.2021.5.2.05.
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The article presents the need to make the culture of children's rights fundamental from the earliest years of their lives, given the idea of children's social participation. Creating and practising such a culture throughout childhood is a task that requires not only a thorough knowledge of the child’s rights among both parents and teachers but also the wider acceptance of these ideas and the creation of the right environment for sharing and speaking up for them both at home and in early education settings. The academic and colloquial discourse on parental practices and institutional childcare often overlooks the dimension/significance of recognising children's participation in safeguarding their human rights. Meanwhile, the processes of early normative socialisation are of great importance to their development and their future attitudes towards law in general and towards their human rights and others' rights. Social participation is where the child can experience his or her rights and learn about respecting others' rights. With this in mind, a question must be asked about how children's rights are realised in early childhood in the context of their participation in the socialisation process. The author uses the example of the child’s right to a family as a lens to observe how the idea of the children’s participation in securing children’s rights may be realised or violated. The article is based on an analysis of the subject's literature, in which legal discourse and teachings on child-rearing and early education are used as the interpretative context.
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Schmidt, Winsor C., and Randy Otto. "A Legal and Behavioral Science Analysis of Statutory Guidelines for Children's Mental Health and Substance Abuse Services: The Florida Case." Journal of Psychiatry & Law 16, no. 1 (March 1988): 9–65. http://dx.doi.org/10.1177/009318538801600104.
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Certain issues relating to children's mental health services were recently addressed in Florida, including: the legal adversarial relationship between parent and child; guardian ad litem; child participation in legal admissions processes; child consent to outpatient counseling; appropriate placements; expert professional opinion; and costs. Available research suggests that (1) children 15 years of age and older should be as presumably capable of consenting to mental health treatment as adults; (2) due process requirements for psychiatric hospitalization of children do not necessarily harm the family system; and (3) inpatient treatment of children and adolescents is effective and preferred for a number of the more severe disorders, but outpatient treatment is indicated for the less severe and more circumscribed disorders. The statutory schemes of the Mental Health Law Project and the Virginia Task Force are both preferable to Florida's recommended reform.
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Miço, Heliona, and Manjola Zaçellari Lumani. "Legal Aspects of Participation Practices in the Albanian Education Context." Polish Journal of Educational Studies 72, no. 1 (January 1, 2020): 94–108. http://dx.doi.org/10.2478/poljes-2019-0007.
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AbstractThe article aims to provide an analysis of Albanian legislation regarding children’s and parents’ participation in education, by taking into account their respective roles and duties as known in the legal framework, as well as their on-going functional role as participants in practice. This research will analyse Albanian legislation and policies as regards the educational system, shedding light on the steps needed to be taken towards achieving international standards regarding the promotion of the participation of children and parents in education. Albania was under a communist regime, in which parental participation in the educational system was extremely limited and information given to parents was only regarding the progress of their child. After the fall of this monist regime changes did not happen immediately in the Albanian education system. The Convention on the Rights of the Child was one of the first international instruments ratified by the Albanian government focusing on the sanctioning and protection of the rights of the child, in a time when these rights were considered non-existent. Sanctioning the right of the child to express freely his or her own views in various issues where the child’s opinion is necessary requires that Albanian legislation includes the participation of children in every field especially in education. A general principle of the Convention is that the child’s right to be heard be considered as one of the four principles needed for the interpretation of all other articles. Research also demonstrates that effective schools have high levels of children’s and parental involvement. Despite the fact that legal steps have been taken towards recognition of the involvement of children and parents in education creating bodies such as the pupils’ government, school boards, parental councils, and lately the national council of parents, there are still unclear legal ways to implement their participation in the Albanian education system. In order to make participation possible, first and foremost, it is important to provide information regarding school activities, processes and decisions which must be transmitted to the children and parents, by creating routes of communication. This can be achieved by setting up some useful mechanisms that promote children’s and parents’ participation in education.
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Taylor, Nicola. "Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes." International Journal of Children’s Rights 25, no. 3-4 (November 17, 2017): 658–71. http://dx.doi.org/10.1163/15718182-02503004.
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This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.
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Riduansyah, Riduansyah, Risdalina Risdalina, Sriono Sriono, Indra Kumalasari M, and Muhammad Yusuf Siregar. "Children's Rights Conflict with the Law in the Time of the COVID-19 Pandemic." International Journal of Criminology and Sociology 10 (July 14, 2021): 1154–62. http://dx.doi.org/10.6000/1929-4409.2021.10.134.
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Children are individuals who are less than 18 years old. Children both in the constitution of the Republic of Indonesia and internationally have the right to be protected. This scientific work aims to analyze the rights of children who are in conflict with the law during the covid 19 pandemic, do children who are in conflict with the law during the covid 19 pandemic get special rights? The method used to obtain data in this scientific work is using the empirical juridical method with primary data obtained directly. Based on the results of the analysis conducted, the rights of children who are in conflict with the law during the COVID-19 pandemic in Indonesia get special rights or get special treatment. The rights of children given are the right to survival (survival rights), the right to grow and develop (development rights), the right to obtain protection (protection rights), the right to participate (participation rights). Giving health rights to children in conflict, and resolving legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children. and resolve legal conflicts by prioritizing the diversion process, namely the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. There are obstacles or obstacles in handling children who are in conflict with the law, namely in general the detention rooms for children in Indonesia are not adequate, even some areas do not have special detention rooms for children and special investigators for children.
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Runeson, Ingrid, Inger Hallström, Gunnel Elander, and Göran Hermerén. "Children’s Participation in the Decision-Making Process During Hospitalization: an observational study." Nursing Ethics 9, no. 6 (November 2002): 583–98. http://dx.doi.org/10.1191/0969733002ne553oa.
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Twenty-four children (aged 5 months to 18 years) who were admitted to a university hospital were observed for a total of 135 hours with the aim of describing their degree of participation in decisions concerning their own care. Grading of their participation was made by using a 5-point scale. An assessment was also made of what was considered as optimal participation in each situation. The results indicate that children are not always allowed to participate in decision making to the extent that is considered optimal. In no case was it judged that a child participated in or was forced to make a decision that was too difficult for the child. The interactions between children, parents and staff were also described in connection with discussions and decision-making processes. This showed that parents do not always support their children in difficult situations and that health care staff often inform children about what is going to happen without presenting alternatives or asking for their views. Staff may, however, find themselves facing an ethical conflict in deciding between supporting a child’s view or following hospital routine. It is of great importance that children are looked upon as potentially autonomous individuals and that staff members realize that one of their core duties is to facilitate children’s participation in decision making concerning their health care.
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King, Jennifer, Jocelyn Wattam, and Cindy Blackstock. "Reconciliation: The Kids are Here!" Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 3, no. 1 (November 24, 2016): 32–45. http://dx.doi.org/10.22215/cjcr.v3i1.75.
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Consistent with the United Nations Convention on the Rights of the Child, this paper describes children’s involvement in a historic human rights case that found the government of Canada guilty of racially discriminating against 163,000 First Nations children. Despite Canada’s efforts to discourage and bar young people from participating, children and youth were among the first and most engaged followers of the case, debunking the myth that children “can’t” or “shouldn’t” participate in legal matters. Children and youth who participate in social change activities benefit greatly from the experience, as do their communities. The participation of children and youth in the First Nations child welfare case demonstrates that young people are truly leaders in reconciliation and social justice; they teach us about how change really happens. Adults have a responsibility to facilitate exciting and creative ways to involve children in the social and legal processes that impact their lives.
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Sardohan Yildirim, Adile Emel, and Gönül Akçamete. "Examination of views and suggestions about participation of families of children with special needs in individualised education programme." Cypriot Journal of Educational Sciences 13, no. 1 (April 20, 2018): 31–40. http://dx.doi.org/10.18844/cjes.v13i1.3311.
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Individualised education programmes (IEP) will be practiced with children with special needs (CWSN) and their families. The main factor for IEP’s success is the participation of the family and also, their children. In this study, views and suggestions about participation of families of CWSN in their IEP processes are examined. The research is based on qualitative research. Five mothers and a grandmother with CWSN were participated; data are collected via semi-structured interview technique and analysed with inductive analysis technique. This research uncovers that the participants didn’t participate in their children’s diagnosis, assessment, settlement and follow-up processes, and they were not content with the assessment results. Also, the participants who didn’t participate in the IEP weren’t even aware of the legal obligation that they had to and their children’s IEP, they weren’t in cooperation with the teacher in that process, and teachers didn’t show the progress in the children to the families even if they recorded that.
Keywords: Children with special needs (CWSN), family, individualised education programmes (IEP).
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Sardohan Yildirim, Adile Emel, and Gonul Akcamete. "Examination of views and suggestions about participation of families of children with special needs in individualised education programme." Cypriot Journal of Educational Sciences 13, no. 1 (March 29, 2018): 31–40. http://dx.doi.org/10.18844/cjes.v13i1.3367.
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Individualised education programmes (IEP) will be practiced with children with special needs (CWSN) and their families. The main factor for IEP’s success is the participation of the family and also, their children. In this study, views and suggestions about participation of families of CWSN in their IEP processes are examined. The research is based on qualitative research. Five mothers and a grandmother with CWSN were participated; data are collected via semi-structured interview technique and analysed with inductive analysis technique. This research uncovers that the participants didn’t participate in their children’s diagnosis, assessment, settlement and follow-up processes, and they were not content with the assessment results. Also, the participants who didn’t participate in the IEP weren’t even aware of the legal obligation that they had to and their children’s IEP, they weren’t in cooperation with the teacher in that process, and teachers didn’t show the progress in the children to the families even if they recorded that.
Keywords: Children with special needs (CWSN), family, individualised education programmes (IEP).
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Lambert, Veronica, and Michele Glacken. "Engaging with children in research." Nursing Ethics 18, no. 6 (June 6, 2011): 781–801. http://dx.doi.org/10.1177/0969733011401122.
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At the outset of an ethnographic inquiry, we navigated national and international resources to search for theoretical and practical guidance on obtaining parents and children’s informed consent/assent. While much theoretical guidance debating ethical issues to children’s participation in research was found, a paucity of published papers offering practical guidance on assent processes and/or visual representations of child assent forms and information sheets was discovered. The purpose of this article is to describe our experiences, both theoretically and practically, of negotiating the process of obtaining informed consent and assent with parents and children for a non-therapeutic qualitative research study. We hope this article instigates a platform for others to explicate their experience and contributes to the construction of a coherent body of knowledge which will clearly delineate important elements that must be considered when negotiating children’s agreement to participate in research.
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Dynіuk, A. A., and L. O. Samilyk. "Ensuring gender balance in family relations: national and European experience." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 215–20. http://dx.doi.org/10.24144/2788-6018.2022.04.39.
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The article is devoted to the analysis of gender equality in family legal relations taking into account the European experience. The theoretical essence and place of gender issues in the family policy of Ukraine has been established.
The gender legislation, which forms the basis of legal regulation of family relations in Ukraine, is analyzed: the main norms of the Constitution of Ukraine in the field of gender equality; norms of the Family Code of Ukraine and other national normative legal acts that ensure the equality of men and women in the institution of the family; international documents that were ratified by Ukraine in this area.
The problem of discrimination against men according to social stereotypes and the problem of violence in the family are considered.
It is noted that the war on the territory of Ukraine has an extremely negative effect on family legal relations, as it causes such negative consequences as the absence of a father or mother in the family, a broken psyche of children, an increase in cases of deviant behavior, changeable family relations, the spread of single-parent families, etc.
European experience in solving the main problems of gender policy was studied and parallels with Ukrainian legislation were drawn.
The directions of European family policy are considered, such as: children's well-being, gender equality, combination of family life and employment. The research conducted by MORI as part of the Here and Now task in Great Britain is analyzed; Sweden's experience in regulating the equal participation of men and women in household chores and parental responsibilities; The Gender Equality Index, which represents the current state of European gender roles and their formation, through indicators relating to the dimensions of Knowledge, Work, Money, Time, Power and Health.
It is proposed to develop a national concept of family development and gender equality, based on the analysis of modern national processes and world experience.
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Graham, Anne, and Robyn Fitzgerald. "Taking account of the ‘to and fro’ of children’s experiences in family law." Children Australia 31, no. 2 (2006): 30–36. http://dx.doi.org/10.1017/s103507720001110x.
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This paper outlines the possibilities and tensions that emerge in legal and social discourse when popular images and narratives of children as ‘at risk’ are juxtaposed with more revised constructions of the child as capable and autonomous. The paper explores this shift in representation of children against a background of extensive family law reform currently under way in Australia. It then reports insights from a pilot study which found that children ‘to and fro’ between accounts of hurt and powerlessness associated with divorce, and their desire to participate in the processes and decisions taking place around them. The paper posits that discourses of participation taken up in research, practice and policy need to acknowledge a dialectic relationship between agency and vulnerability if we are to respond to children in ways that include rather than marginalise. The paper concludes by highlighting some of the challenges that exist for researchers and practitioners seeking to be open to new ways of thinking about children’s lives – ways based on an ethic that refuses the kind of normalisation and neat analyses conventionally pursued through research endeavours.
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Harisman, Harisman, M. Syukran Yamin Lubis, and Muhammad Rifqi Syukran Lubis. "The Implementation of Right-Fulfillment to the Education of Elementary School Students in the COVID-19 Pandemic Situation." Randwick International of Social Science Journal 2, no. 4 (October 31, 2021): 476–84. http://dx.doi.org/10.47175/rissj.v2i4.328.
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This study is intended to explain the legal protection given to elementary school children to get the right to education during the COVID 19 period. Because education for children is a child's right that must be fulfilled as a human right. Moreover, the right to education has been explicitly guaranteed in the Amendment to the 1945 Constitution. For this reason, legal research is carried out with an empirical juridical approach which intends to study and analyze the workings of law in society by using secondary data and primary data. The secondary and primary data collected were analyzed qualitatively, then the results were described. Based on an analysis conducted on research conducted in Firdaus Village, Serdang Bedagai Regency, that the right to education for elementary school children during the COVID 19 period was still being fulfilled despite the prohibition on conducting face-to-face learning processes at schools. The implementation of education is carried out through distance learning meetings in the network and distance learning outside the network. In addition, it was also found that there was limited face-to-face learning. However, the use of this learning method takes into account the development of the COVID-19 situation and also the facilities owned by schools, teachers and the condition of students in participating in learning. Schools and teachers evaluate children's education to determine the learning process that will be used.
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Melton, Gary B. "Parents and children: Legal reform to facilitate children's participation." American Psychologist 54, no. 11 (November 1999): 935–44. http://dx.doi.org/10.1037/h0088201.
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Moses, Susan. "Children and Participation in South Africa: An Overview." International Journal of Children's Rights 16, no. 3 (2008): 327–42. http://dx.doi.org/10.1163/157181808x311178.
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AbstractThis paper examines the current policy and practice around children's participation in South Africa. By situating the analysis from the perspective of the socio-economic and normative context within South Africa the paper critiques current typologies of children's participation for focusing too narrowly on processes internal to participatory processes. The paper argues that theorisations of children's participation need to take account of the range of activities which are labelled as children's participation and interrogate issues around who gets to participate and why, what the purposes of the participation are and under what conditions it is possible. This requires examining participatory processes and the children involved in them in relation to adult actors within and beyond the process as well as in relation to broader socio-political and economic environments.
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Spicer, Neil, and Ruth Evans. "Developing Children and Young People's Participation in Strategic Processes: The Experience of the Children's Fund Initiative." Social Policy and Society 5, no. 2 (April 2006): 177–88. http://dx.doi.org/10.1017/s1474746405002861.
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The extent of children's and young people's participation activities has increased considerably among statutory, voluntary and community sector organisations across the UK in recent years. The Children's Fund, a major government initiative launched in 2000, represents a systematic drive towards promoting children and young people's participation in planning, implementing and evaluating preventative services within all 149 local authority areas in England. Based on research carried out by the National Evaluation of the Children's Fund, this paper explores the experience of Children's Fund partnerships of engaging children and young people in strategic processes.
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Oleh Levchenko, Oleksandr Ryzhenko, and Sofia Sakalosh. "DIGITAL PARTICIPATION: MANAGEMENT AND LEGAL FRAMEWORK." European Cooperation 2, no. 42 (April 30, 2019): 88–98. http://dx.doi.org/10.32070/ec.v2i42.17.
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The paper explores the issues faced when shaping the legal framework for electronic democracy in Ukraine and management for further development. Special focus is on the pilot local and regional Concepts on e-democracy, and on digital participation developed in Vinnytsia, Dnipro, and Vinnytsia region. Authors analyze compliance of local and regional Concepts with the National Concept for E-democracy development in Ukraine approved by the Cabinet of Ministers of Ukraine in November, 8, 2017. For the most part, the documents comply with the national Concept and provide the detailed strategy for electronic democracy and digital participation development on the regional and local level. The current situation demonstrates that an effective management system should be in place for the decision-making process that includes all target groups. The article also considers shortcomings of integrative and autonomous approaches of electronic democracy tools, and indicates the need to use integrative approach in management for drafting regional and local policies in electronic democracy. Authors consider that national legal framework should be the basis to develop local and regional solutions since the key element is democracy of decision-making. This is provided by coordination of policies of different levels for making e-decisions in the area of participation in addition with the management approach for its sustainable functioning. Digital participation requires effective strategical framework together with the effective usage of digital tools and citizen involvement in the decision making processes. Finally, authors admit that a coherent regulatory framework for e-governance and e-democracy, and common management approaches and standards for the development of digital tools will increase the transparency, openness and participation in the decision-making processes.
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Moran-Ellis, Jo, and Heinz Sünker. "Childhood studies, children's politics and participation: perspectives for processes of democratisation." International Review of Sociology 28, no. 2 (May 4, 2018): 277–97. http://dx.doi.org/10.1080/03906701.2018.1477106.
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Happold, Matthew. "Child Soldiers in International Law: The Legal Regulation of Children's Participation in Hostilities." Netherlands International Law Review 47, no. 01 (May 2000): 27. http://dx.doi.org/10.1017/s0165070x00000747.
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Quaye, Angela A., Imelda Coyne, Maja Söderbäck, and Inger Kristensson Hallström. "Children's active participation in decision‐making processes during hospitalisation: An observational study." Journal of Clinical Nursing 28, no. 23-24 (September 17, 2019): 4525–37. http://dx.doi.org/10.1111/jocn.15042.
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Rampal, Anita. "Scaffolded Participation of Children: Perspectives from India." International Journal of Children's Rights 16, no. 3 (2008): 313–25. http://dx.doi.org/10.1163/157181808x311169.
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AbstractThis paper offers a nuanced cross-cultural perspective on children's 'scaffolded' participation, within the 'spaces' of formal, informal and non-formal education. Contrasting children's agency in rural or urban, disadvantaged or privileged, modernising or collectivistic communities in India, it points to the tensions of 'participation' in school, work or public action, within a stratified education system which promotes 'technological' rather than 'social intelligence'. Scaffolded participation in the 'formal' school is detailed through two curricular models - the Gandhian Basic School for learning situated in productive processes, and the National Curriculum Framework 2005 for active participation in the construction of knowledge. The non-formal space of the literacy campaign is used to analyse the large-scale voluntary mobilisation of rural youth for transformative action.
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Ross, Lainie Friedman. "The Ethical Limits of Children's Participation in Clinical Research." Hastings Center Report 50, no. 4 (July 2020): 12–13. http://dx.doi.org/10.1002/hast.1167.
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Serbina, Evgeniya. "Prevention of Harm to Children’s Health and Development by Information Distributed During Paid Quest Entertainment." Legal Concept, no. 3 (November 2020): 97–102. http://dx.doi.org/10.15688/lc.jvolsu.2020.3.13.
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Introduction: the present study shows a high degree of significance of the factor of information and psychological security of minors participating in quests, which is currently at a low level. The purpose of the study is to identify the main guidelines for improving the legal implementation in the field of the quest industry in terms of evolution of the law enforcement in the context of introducing the innovative management technologies. Methods: the methodological framework for the research is presented as general scientific methods, including dialectical, inductive, deductive, analytical, statistical methods, interviewing and questioning, as well as specific scientific methods, such as the formal legal method, the method of legal interpretation, the principle of evaluating legal processes, etc. Results: the paper considers the initiatives of the National Quest Association (NQA) on the criteria for setting the age limits for quests. The problems of practical implementation of restricting access of minors to information dangerous for their mental health and development are noted. Conclusions: it is proved that there is a need to strengthen the external industry control in the field of protecting children from information that harms their health and development, as well as to improve the administrative legislation in this area.
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Rossinskaya, Anastasia N. "Multicultural Activity of a Children Library in a Foreign Language: Purposes, Forms and Experiments." Bibliotekovedenie [Library and Information Science (Russia)], no. 1 (January 28, 2009): 90–94. http://dx.doi.org/10.25281/0869-608x-2009-0-1-90-94.
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In the article a children's library is considered as the unique environment for social, cultural, cognitive and communicative development by means of world cultures and foreign languages. Possibilities of libraries’ participation in the processes of school specialization trainings as resource centers of network elective courses are considered while taking the Russian State Children's Library (RSCL) as an example.
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V.V., Zotov. "LEGAL DIRECTION OF CAREER GUIDANCE WORK OF YOUTH AND CHILDREN'S PUBLIC ORGANIZATIONS." “Educational bulletin “Consciousness” 23, no. 8 (August 30, 2021): 11–17. http://dx.doi.org/10.26787/nydha-2686-6846-2021-23-8-11-17.
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Introduction: the article discusses the features of the activities of children's public organizations focused on attracting children and adolescents to participate in public life of a law enforcement orientation. The purpose of this work is to identify the features of the activities of children's public organizations focused on attracting children and adolescents to participate in public life and professional law enforcement activities. Methods: using the methods of analysis and synthesis, content analysis, the author investigated the issues of vocational guidance work of youth and children's public associations of the Yaroslavl region and their role in the formation of a conscious choice of the future professional activity of adolescents, as well as the prevention of juvenile delinquency and child neglect. Results: today, state bodies and public associations are implementing various measures to ensure a happy and safe childhood, being one of the main priorities of national importance in our country. The most comfortable for a teenager to start social activities is his participation in projects of children's public organizations. At this stage, communicative motivation becomes the main one: the desire to communicate with interesting active peers, to demonstrate their own talents and achievements, to acquire new knowledge, skills and abilities in a democratic form. Children's public organizations contribute to the formation of a socially active personality of a growing citizen and help the professional self-determination of young people. Conclusions: the author concluded that the career guidance work of children's public organizations aimed at attracting children and adolescents to participate in public life and professional law enforcement activities can reduce the number of minors brought to criminal responsibility and helps the social and professional self-determination of young people. In the modern world young people are the most socially active group and strategic resource of society.
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Terriquez, Veronica. "Civic Inequalities? Immigrant Incorporation and Latina Mothers' Participation in Their Children's Schools." Sociological Perspectives 55, no. 4 (December 2012): 663–82. http://dx.doi.org/10.1525/sop.2012.55.4.663.
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Researchers often find that Latinos' racial/ethnic and immigrant background characteristics are associated with barriers to their incorporation and acceptance into mainstream civic institutions. Using survey data from Los Angeles, this article identifies correlates of mothers' school-based civic engagement. Findings suggest that Latina mothers are just as involved as white mothers, after accounting for differences in educational attainment and other nonethnic factors. Results also show that after Latina immigrants have lived in the United States for a decade, their participation in their children's schools resembles that of their U.S.-born counterparts. Although Latinas' English-speaking abilities predict their parental school engagement, their citizenship and legal statuses do not. Evidence suggests that Central American immigrants participate at modestly higher rates than do Mexicans. Findings challenge assumptions about Latina parents' disengagement from their children's formal education, while highlighting sources of variation in school-based civic participation among this diverse group.
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Ranković, Dragica, Ljiljana Jovčić, Verica Trbović, and Danijela Jezdimirović. "Participation of parents in the humanization of children's stay in hospitals." Sestrinska rec 25, no. 84 (2022): 33–35. http://dx.doi.org/10.5937/sestrec2284033r.
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Successful treatment of a child depends not only on the severity of the disease, but also on the child's attitude towards the disease and its treatment. In this regard, in addition to the treatment and health care of the child, it is necessary to provide psycho-social support, which is also needed by their parents, through the availability of information and counseling. Having in mind the specificity of the hospital context, it is considered that children suffering from chronic diseases have a higher level of awareness and understanding in relation to the population of the same age in the outpatient environment. Parents and health workers are the first to notice the concept of humanization of children in hospitals and give more importance to the characteristics of children with chronic diseases compared to those who have an acute emergency. Although the legal framework regulates children's health care in terms of decision-making, parents are traditionally considered key actors in decision-making on behalf of the child, primarily because they know what is best in his interest. Special attention in this paper is focused on the positive effects of involving parents, as members of the health team, in the psychological preparation of children for hospitalization or for some other medical procedures that await them in the hospital context.
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Varvai, Akbar, Hemat Mohamadi, and Ayyoub Nourian. "Non-Governmental Organizations Participation in Criminal Processes." Journal of Politics and Law 9, no. 9 (October 30, 2016): 110. http://dx.doi.org/10.5539/jpl.v9n9p110.
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<p>Despite their long-time physical presence in our country (Iran), non-governmental organizations (NGOs) have not been taken seriously by the government and public institutions, and play no effective role in criminal proceedings. An innovative by 2013 criminal procedure code is to realize doctrine of participatory criminal policy through NGOs participation in criminal proceedings, which has been provided for by legislator in Article 66 of mentioned code which was amended suddenly within a few days prior to being approved to come into effect on the basis of an interesting decision and which degraded NGOs’ right to litigate into the limit of that of indictors and viewers at proceedings.</p>During proceedings, NGOs play the role of indictors and viewers, regardless of the lack of legal, cultural and social grounds necessary for them to take an active part in criminal proceedings in our country; and, in effect, they face such limitations and ambiguities as criteria of the recognition of their qualifications to do so (Article 66, provision 3). In addition, it is not clear how to develop NGOs’ participation in criminal proceedings and how to monitor their activities. Present study is intended to examine grounds of and barriers to NGO’s activity in criminal proceedings and to address vital roles they can play in the crime prevention and their involvement with criminal proceedings.
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Pölkki, Pirjo, Riitta Vornanen, Merja Pursiainen, and Marjo Riikonen. "Children's Participation in Child-protection Processes as Experienced by Foster Children and Social Workers." Child Care in Practice 18, no. 2 (April 2012): 107–25. http://dx.doi.org/10.1080/13575279.2011.646954.
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Knudsen, Ida Margrethe, and Elin Eriksen Ødegaard. "Fotofloker: Vilkår for barns deltakelse når digitale bilder tas i bruk i barnehagen." Tidsskrift for Nordisk barnehageforskning 4, no. 2 (August 28, 2011): 115–28. http://dx.doi.org/10.7577/nbf.311.
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Title: Photo tangles: Conditions for children’s participation while using digital photos in kindergartenAbstract: What happens when digital photos are used as tools in kindergarten? What conditions do artefacts as digital photos bring on to children's participation and democratic education? This article describes processes and analysis from an exploratory study on the conditions for participation in kindergarten. Three varieties of participation with a potential for democratic practices were identified. Furthermore, the article critically discusses a number of “tangles”; identified risks, in terms of didactic considerations for practical work with digital photos in kindergarten.
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Jankauskaite-Jureviciene, Laura, and Aušra Mlinkauskienė. "Community Participation in Decision Making Processes in Urban Planning: The Case of Kaunas." Journal of Contemporary Urban Affairs 5, no. 2 (January 2, 2020): 197–208. http://dx.doi.org/10.25034/ijcua.2021.v5n2-3.
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Participation in decision-making processes forshadows enabling citizens, communities, non-governmental organizations and other interested parties to influence the formulation of policies and laws affecting them. The purpose of this study is not only to review Lithuanian legal documents, but also to analyse recent processes in Kaunas city planning. Kaunas city is undergoing various urban processes, which do not always meet the needs of the community. This study presents an analysis of the forms of community involvement in the urban planning processes and survey data on the effectiveness of community involvement. The methodology requires using a sociological survey with representatives of the city community and a comparative analysis between legal obligations and actual urbanization process.
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Kruszyńska-Kośmicka, Marlena, and Marcin Princ. "Partycypacja cudzoziemców w gminach – zagadnienia administracyjnoprawne." Acta Iuridica Resoviensia 35, no. 4 (2021): 174–93. http://dx.doi.org/10.15584/actaires.2021.4.13.
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The subject of considerations in this article are legal solutions that constitute the framework for social participation of foreigners in decision-making processes taken at the local government level. The authors wonder if the legal regulations in this area have been properly shaped. The article also includes examples of actions taken by some communes to increase the participation of foreigners in self-government communities.
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Trisna, Nila. "Sosialisasi Pendampingan Hukum Terhadap Anak Asuh di SOS Children Villages." Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar 1, no. 1 (December 9, 2019): 39. http://dx.doi.org/10.35308/baktiku.v1i1.1352.
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Law No. 35 of 2014 concerning protection of children also guarantees the fulfillment of children's rights to survival, growth and development and is entitled to protection from violence and discrimination. Fulfillment of the rights of basic needs and protection for children in the scope of West Aceh has not yet been fully implemented. The process of conducting the socialization was carried out by the method of exposure and discussion of legal counseling materials about the role and obligations of the Government in providing legal protection to children who need legal assistance. The participation of all parties in paying attention to the protection of children is one thing that is very urgent. Given cases involving children in conflict with the law both as perpetrators and victims, often ignoring the rights of children who should be protected by laws and regulations. This is what needs to be done by all parties to encourage the West Aceh District Government to immediately give birth a Qanun on Child Protection. So that with regulations specifically related to child protection, children's rights are guaranteed by law.
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Palankiewicz-Mitrut, Emilia. "The child and the protection of his rights in the Romanian legal system." Problemy Opiekuńczo-Wychowawcze 595, no. 10 (December 31, 2020): 15–27. http://dx.doi.org/10.5604/01.3001.0014.5970.
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The aim of the article is to present the circumstances of the establishment of the National Agency for Child Protection and Adoption (Autoritatea Nationala Pentru Protectia Copilului Si Adoptie) and the Deputy Ombudsman dealing with children's matters (Avocatul Copilului, an agency that was established by the Act of January 2018 and is the equivalent of the Ombudsman for Children) as well as to refer to the acts specifying the competences and scope of activity of both institutions. The article analyses legal acts (documents of international law and provisions of national law) and reports sent by the UN Committee on the Rights of the Child (CRC) to the Romanian side, which contributed to the establishment of institutions dealing with children's matters in Romania. The conclusions of the review of the child protection legislation in Romania show that the country has made great progress in the care of children and the respect for their rights in recent years. Romania began to be perceived as a country that takes into account the needs of the youngest citizens, which is manifested not only by the establishment of the institution of the Ombudsman for Children or the National Agency for Child Protection and Adoption, but also by many other activities aimed at supporting children. These include the international conference "Child Participation in Decision-Making and Policy Development at EU Level" organized in Bucharest in May 2019, during which the Bucharest a Declaration on Child Participation in Decision-Making at National and EU Levels was adopted.
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Barros, Ana Sofia, and Cedric Ryngaert. "The Position of Member States in (Autonomous) Institutional Decision-Making." International Organizations Law Review 11, no. 1 (December 2, 2014): 53–82. http://dx.doi.org/10.1163/15723747-01101003.
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The international legal personality and autonomy of international organizations constitute the main vantage point from which responsibility issues in an institutional context are addressed in legal scholarship. In such an exercise, what is often missed is an explanation of how both concepts impact upon the understanding of the position of member States vis-à-vis the organization, and in particular the legal relevance of State participation in the activities of the latter. This paper discusses the relationship between international organizations and their members through the lens of decision-making processes. Looking beyond the veil of an organization’s decisions, it confronts institutional autonomy with the prominent role assumed by member States in the processes of the formation of institutional will, with a view to asserting the legal significance of the latter for responsibility purposes. To that end, this paper first discusses member States’ participation in international organizations, and possible responsibility as a result of such participation, by reference to wrongful conduct perpetrated by the international organization. Subsequently, it concentrates on member States’ responsibility for their own conduct performed in an institutional setting. Based on the premise that member State voting behaviour may be qualified as an act of the State, the paper goes on to show that State participation could entail legal consequences in its own right, provided that international norms binding upon the State dictate particular courses of action in an institutional context.
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Nikitina, Alyona S. "Youth Civic Participation in Local Government." Koinon 2, no. 2 (2021): 156–69. http://dx.doi.org/10.15826/koinon.2021.02.2.020.
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The pertinence of t topic stems from the growing importance of research into the formation and development of social institutions of civic participation of youth in local government. Based on the empirical data obtained, the study aims to analyze forms of civic participation of young people in socio-political processes at the municipal level. It also attempts to determine the factors that promote and hinder the active participation of young people in socio-political processes and to identify the main trends and forecasts of civic engagement of Russian youth in municipalities. The article presents an analysis of theoretical, regulatory and legal sources that empirically reveal the main factors that determine the expansion of the participation of Russian youth in the activities of municipalities. The paper describes the results of an empirical study conducted in October-December 2020 on the inclusion of young people in the management of processes in different municipalities. The data collection method is a questionnaire survey of young people aged 14-30 (n = 2026 people) living in the territory of the Russian Federation. In addition to quantitative research methods, qualitative ones were also used: in January 2021, the author conducted an expert interview with ten experts in youth policy and civic participation of Russian youth. Finally, the author formulates conclusions and recommendations aimed at strengthening the social institutions of civic participation of young people, increasing their civic engagement in municipalities. The results of the study allowed the author to conclude that currently there is the active participation of young people in socio-political processes in municipalities. In the opinion of most experts, soon, dominant positions will be occupied by political forms (including illegitimate ones); new forms of civic activity, such as performances, flash mobs, street events, and online activities, will become popular. There are trends in the development of digitalization of youth civic engagement. As for recommendations for enhancing civic participation in local self-government, the authors propose to develop an appropriate social and civic infrastructure, a legitimate and working legal field, create community centers and platforms for organizing an effective and mutual dialogue between local governments, youth, public organizations for productive dialogue in solving issues of participation in socio-political processes.
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Hnativ, Oksana. "LEGAL STATUS OF THE STATE OF UKRAINE IN CIVIL LEGAL RELATIONS." Visnyk of the Lviv University. Series Law 74, no. 74 (June 30, 2022): 122–29. http://dx.doi.org/10.30970/vla.2022.74.122.
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The need for conceptual updating of civil legislation of Ukraine is one of the necessary conditions for attracting investment, ensuring proper and effective legal regulation of micro- and macroeconomic processes, which, in turn, removes obstacles to the development of new economic relations. Undoubtedly, in order to ensure the rule-making process, it is necessary to take into account the experience of foreign states, in particular the provisions of a private law nature developed within the framework of international organizations, as well as the experience of EU member states. However, when using the positive rule-making experience of foreign states and international organizations, the peculiarities of economic and political development of our state must be taken into account. One of the proposals by the developers of the Concept of updating the Civil Code of Ukraine is to consolidate the legal status of a legal entity under public law. This legislative approach aims to bring Ukraine's civil law closer to the EU and to address law enforcement issues. The state realizes its legal personality, including in the sphere of private relations, through the bodies created by it. Therefore, it seems reasonable to believe that in such conditions it is sufficient to grant the legal status of a legal entity under public law to public authorities. Each of the subjects has its own peculiarities of participation in civil relations due to the nature of origin, but this does not violate the principle of equality and does not create obstacles to entry and participation in them. The state, regardless of the peculiarities of entry and participation in civil relations, is their participant (subject) on a par with individuals and legal entities, whose participation also has its own characteristics. Moreover, enshrining in the Central Committee of Ukraine the provision that the state of Ukraine is a legal entity under public law may create additional grounds for manipulation at the political level in the context of the Russian Federation's attack on Ukraine. It is obvious that the aggressor country will use any grounds to deny the statehood of Ukraine, despite the fact that some states have a practice of consolidating the status of a legal entity under public law. The state of Ukraine is an independent participant in civil relations, which has no advantages in joining and participating in them. Peculiarities of state participation in civil relations are determined by acts of civil law in the same way as other participants in civil relations. The presence of sovereignty, as well as other features of the state, does not create advantages or obstacles to such participation. This gives grounds to conclude about the complex structure and integrity of the legal personality of the state.
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Ashcroft, Richard, Trudy Goodenough, Emma Williamson, and Julie Kent. "Children's Consent to Research Participation: Social Context and Personal Experience Invalidate Fixed Cutoff Rules." American Journal of Bioethics 3, no. 4 (November 2003): 16–18. http://dx.doi.org/10.1162/152651603322614436.
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Harley, Tristan, and Harry Hobbs. "The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy." International Journal of Refugee Law 32, no. 2 (May 8, 2020): 200–226. http://dx.doi.org/10.1093/ijrl/eeaa010.
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Abstract There has been a significant push in recent years for greater and more meaningful participation of refugees in decision-making processes that affect them. This push is identifiable in a range of international instruments, including the 2016 New York Declaration for Refugees and Migrants and the 2018 Global Compact on Refugees, as well as numerous initiatives developed by refugees, civil society organizations, and international organizations at the local, national, and international level. This article considers the emergent drive for refugee participation from the perspective of both law and policy. It examines the evolution of the international legal framework, analysing the extent to which international refugee and human rights law mandate the inclusion of refugees in decisions that affect them. The article also explores the notion of participation in detail, teasing out several key challenges for consideration in the development of inclusive participatory processes. Drawing this material together, it explores two options that could further promote the moral, political, and ultimately legal authority for meaningfully including refugees in the design and implementation of policy. These options are indicators that establish baselines and track refugee participation in decision-making processes, and a new, non-binding United Nations declaration that clearly details the right of refugees to have some authority in decision-making processes that affect them.
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Manacorda, Marco. "Child Labor and the Labor Supply of Other Household Members: Evidence from 1920 America." American Economic Review 96, no. 5 (November 1, 2006): 1788–801. http://dx.doi.org/10.1257/aer.96.5.1788.
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This paper exploits the variation in the legal minimum working age across states in 1920 America in order to identify households' labor supply responses to exogenous changes in children's labor force participation. Using micro data on urban households from the U.S. Census, I find evidence that as a child moves to the labor market his siblings are less likely to work and more likely to attend school. I find no significant effect on parents' labor supply.
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Harry, Beth. "Restructuring the Participation of African-American Parents in Special Education." Exceptional Children 59, no. 2 (October 1992): 123–31. http://dx.doi.org/10.1177/001440299205900205.
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Two traditions have combined to contribute to a form of discourse that is detrimental to the participation of African-American parents in special education procedures: first, a deficit view of African-American families and, second, the deficit view of children's learning difficulties on which P.L. 94–142 is based. These deficit views, together with the focus by many professional educators on legal compliance rather than collaboration, have cast parents in the role of consent-giver in a grossly asymmetrical form of discourse, with power residing mostly with professionals. Four specific parental roles—including parents in assessment, placement, policymaking, and advocacy—would restore the balance of power in parent-professional discourse. Future research should focus on the documentation of egalitarian participation structures for African-American parents and on action-oriented ethnographic studies.
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Steele, Eric H. "Participation and Rules- The Functions of Zoning." American Bar Foundation Research Journal 11, no. 4 (1986): 709–55. http://dx.doi.org/10.1111/j.1747-4469.1986.tb00263.x.
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Data from a case study of piecemeal zoning change suggest that the decisions of citizen zoning boards of appeal are neither lawless nor ineffective. The bulk of requests that come before them are for minor dimension or use variances and are typically allowed unless there is local opposition. The proportion of changes granted varies with the degree of clash between a proposed use or structure and the preexisting local land use-the “character of the community” (particularly in single-family residential areas). Expressions of opinion (positive or negative) by current neighbors and other community members are given heavy weight in zoning decisions.Despite criticism of zoning boards as defective and illegitimate legal institutions and calls for their abolition, they have remained popular and extremely resistant to change. This is because zoning boards have evolved beyond their explicit rule enforcement functions to also play important dispute-settling and community maintenance functions in the contemporary urban setting. These functions of zoning can only be understood in terms of a participatory model of legal process where legal rules serve to identify situations and trigger sociopolitical processes as much as they serve as substantive norms to be enforced.
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Dyson, Anne Haas. "Cultural Constellations and Childhood Identities: On Greek Gods, Cartoon Heroes, and the Social Lives of Schoolchildren." Harvard Educational Review 66, no. 3 (September 1, 1996): 471–96. http://dx.doi.org/10.17763/haer.66.3.3n5247450r155l73.
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In this article, Anne Haas Dyson examines the social and ideological processes undergirding children's use of media symbols, especially the superhero, as material for story construction and social affiliation. Dyson draws upon an ethnographic project in an urban school serving children from different racial and socioeconomic groups. The project focused on children's participation in composing and in dramatic play activities within the official (teacher-governed) and unofficial (peer-governed) school worlds. Dyson uses project data to illustrate children's use of cultural symbols as material for story construction and social affiliation. She then shows, using children's diverse responses to an unofficial performance of a superhero story, how children negotiate with text and each other. Finally, she argues for a literacy curriculum in which cultural symbols are open to playful appropriation and critical examination.
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Pogodina, Irina V. "Engagement of Citizens in the Government of a State: Expediency and Limits (Problem Setting)." State power and local self-government 4 (April 22, 2021): 47–50. http://dx.doi.org/10.18572/1813-1247-2021-4-47-50.
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New technologies have led to the emergence of new forms of citizens’ participation in government, including in rule-making. So-called “co-management” is expanding at an unprecedented rate. Digitalization of civic participation not only facilitates access to more information, but also makes the processes of interaction between the state and citizens fast, relatively cheap, and also promotes political and legal discussions about the limits of such participation. On the one hand, the participation of citizens in public administration is a necessary, inevitable process that legitimizes power, one of the hallmarks and instruments of democracy. However, on the other hand, the involvement of too many participants in public administration processes has a number of disadvantages.
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Beck, Kevin, and Karina Shklyan. "Civic Engagement, Legal Status, and the Context of Reception: Participation in Voluntary Associations among Undocumented Immigrants in California." Socius: Sociological Research for a Dynamic World 7 (January 2021): 237802312110052. http://dx.doi.org/10.1177/23780231211005214.
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For undocumented immigrants, processes of integration are contingent on the qualities of their local context. A lack of legal status may require them to strategically manage their presence in order to avoid detection that could lead to deportation. The authors ask how the need to mask one’s legal status affects the civic integration of undocumented immigrants. Drawing primarily on data from the California Health Interview Survey, the authors estimate the probability of participation in voluntary associations for undocumented immigrants. They naturalized immigrants and find that undocumented immigrants exhibit a lower rate of participation but that this low rate of participation is unlikely the result of their legal status. The findings also show that undocumented immigrants are less likely to participate in voluntary associations if they live in counties where large shares of voters cast votes for Donald Trump in the 2016 presidential election.
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Schmidt, Patrick. "Pursuing Regulatory Relief: Strategic Participation and Litigation in U.S. OSHA Rulemaking." Business and Politics 4, no. 1 (April 2002): 71–89. http://dx.doi.org/10.2202/1469-3569.1031.
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Administrative agencies in the United States have developed highly formalized and complex processes for public participation in rulemaking, especially in areas of social regulation such as the environment and workplace safety and health. This case study considers the significance of participation in formal rulemaking processes by connecting the quality of participation to the strategic possibilities in litigation between private interests and regulatory agencies. Specifically, the strategic possibilities of the leading interest groups engaged in the Occupational Safety and Health Administration's major “Lockout/Tagout” rulemaking illustrate how legal resources are created through the development of evidence and claims in hearings. Written and oral presentations, apparently aimed directly at persuading the agency, indirectly affect agency deliberations by increasing the possibility that courts will constrain agency decisionmaking, thus creating opportunities for negotiated alternatives. The case ultimately serves as a paradigmatic example of how bargaining arises at the micro level of policy systems that are infused with broader legal structures.
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Mirlina, Liga. "PUBLIC PARTICIPATION AND INTEREST IN THE PROCESS OF LATVIAN STATE ADMINISTRATION." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 6 (May 21, 2019): 387. http://dx.doi.org/10.17770/sie2019vol6.3776.
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Democratic state administration needs interaction with the public, which requires not only government communication with the public but also the public interest and understanding in the political and public administration processes. The task of public administration is to create a legal and institutional framework and mechanisms for public participation, while NGOs and the general public need civil competency to use the opportunities of public participation. Analysing the Latvian government's communication activities related to public participation and public awareness, the aim of this paper is to examine the level of participation of different social groups and the impact of their awareness on it. Within the framework of the research, the following methods have been used: analysis of normative documents, statistics on the implementation of the Memorandum of cooperation between the government and non-governmental organizations, interviews with experts from NGOs and state administration, focus group discussions with young people. Analysing legal documents and statistics on the involvement of NGOs, public participation platforms and their use have been evaluated. Based on the views of NGOs and state administration experts, there are certain factors that influence the level of public participation and public awareness. Focus group discussions with young people have identified their awareness and interest in public administration processes as well as their civic participation. The research study found that the state administration has created a variety of platforms for the involvement of NGOs in decision-making processes and an increase in the participation of NGOs. By choosing young people as one of the social groups of society, it can be concluded that information about public participation does not reach the general public, thus it has little effect on the formation of the general public's awareness and the level of participation.
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Naffine, Ngaire, and Joy Wundersitz. "Lawyers in the Children's Court: An Australian Perspective." Crime & Delinquency 37, no. 3 (July 1991): 374–92. http://dx.doi.org/10.1177/0011128791037003005.
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Using South Australia as a case study, this article examines the role and the impact of the lawyer in the children's court. It suggests that the failure of English and American researchers to find a consistently significant role for the children's lawyer may be a function of the narrowness of their focus: on the formal court process rather than on the informal processes of justice that precede the court hearing. It concludes that in South Australia, lawyers are most influential when bargaining a plea on behalf of their clients. It is in this area of discretionary justice that the young defendant may experience both the best and the worst effects of legal representation.
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Mackenzie, Robin, and John Watts. "Is childhood a disability? Using Mental Capacity Tribunals and the Deprivation of Liberty Safeguards to shield children's capacity to consent to and refuse medical treatment." Tizard Learning Disability Review 19, no. 2 (April 1, 2014): 96–106. http://dx.doi.org/10.1108/tldr-01-2014-0001.
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Purpose – The purpose of this paper is to demonstrate that the common and statutory law governing children's capacity or competence to consent to and to refuse medical treatment is unsatisfactory and to suggest solutions. Design/methodology/approach – Critical legal analysis of the law on assessing minors’ decision-making capacity in relation to legal recognition of their consent to and refusal of medical treatment. Findings – Without legal mechanisms which protect both children and their rights, all children and young people are effectively disabled from exercising age and capacity-related autonomy and participation in decisions affecting their lives. Yet in English law, inconsistencies between legal and clinical measures of decision-making capacity, situations where compulsory medical or mental health treatment is lawful, and tensions between rights and duties associated with human rights, autonomy, best interests and protections for the vulnerable create difficulties for clinicians, lawyers and patients. Research limitations/implications – As the paper acknowledges in its recommendations, the views of stakeholders are needed to enrich and inform legal reforms in this area. Originality/value – The paper makes suggestions to amend the law and clinical practice which are original and far reaching. The paper suggests that in order to observe children's rights while protecting them appropriately, the Mental Capacity Act 2005 and Deprivations of Liberty Safeguards should be applied to minors. The paper recommends the establishment of Mental Capacity Tribunals, similar in nature and purpose to Mental Health Tribunals, to provide legal safeguards and mechanisms to foster the supported decision-making envisaged in recent United Nations Conventions.