Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Article 12 of the UN Convention on the Rights of Children

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Where Have We Come from, Where Are We Now and Where to from Here?

This article examines the context surrounding the creation of the UN Convention on the Rights of Children, focusing primarily on Article 12, and explains the importance of children having a voice in all matters affecting them. An analysis of the application of Article 12 in the New Zealand courts demonstrates that more work is required to ensure children are full participants in the judicial process, especially considering the ways children’s rights and voices have been unduly constrained by the new Family Dispute Resolution process introduced in 2014. The article also explores the fundamental importance of the involvement of children in political matters affecting them, focusing on a recent Australian model involving Aboriginal children and young people and recommends a reduction in the New Zealand voting age to ensure children and young people have a real voice in political matters and that Article 12 truly fulfils its potential.

Affiliations: 1: Faculty of Law, University of Otago, Dunedin, New Zealand, mark.henaghan@otago.ac.nz

10.1163/15718182-02502012
/content/journals/10.1163/15718182-02502012
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/15718182-02502012
Loading

Data & Media loading...

1. Farson R., Birthrights (New York: MacMillan, 1974).
2. Fortin J., Children’s Rights and the Developing Law (Cambridge: Cambridge University Press, 2002).
3. Freeman M., The Rights and Wrongs of Children (London: Frances Pinter, 1983).
4. Holt J., Escape From Childhood: The Needs and Rights of Children (Boston: Dutton, 1974).
5. Prout A., Future of Childhood: Towards the Interdisciplinary Study of Children (London: Routledge, 2005).
6. Henaghan M.,, “"Why Judges Need to Know and Understand Childhood Studies”" in Freeman M. (ed.), Current Legal Issues: Law and Childhood Studies (Oxford: Oxford University Press, 2011).
7. Hendrick H.,, “"Constructions and Reconstructions of British Childhood: An Interpretive Study, 1800 to the Present”" in James A., and Prout A. (eds.), Constructing and Reconstructing Childhood (Basingstoke: Falmer Press, 1990).
8. James A.,, “"Understanding Childhood from an Interdisciplinary Perspective”" in Pufall P., and Unsworth R. (eds.), Rethinking Childhood (New Brunswick: Rutgers University Press, 2004).
9. Jenks C.,, “"Constructing Childhood Sociologically”" in Kehily M. (ed.), An Introduction to Childhood Studies (New York: Open University Press, 2004).
10. Freeman M., “"The Future of Children’s Rights”", Children and Society 2000 (Vol 14), 277293.
11. Hale B., “"Children’s Participation in Family Law Decision-Making: Lessons From Abroad”", Australian Journal of Family Law 2006 (Vol 20), 119126.
12. Heimer M., and Palme J., “"Rethinking Child Policy Post-un Convention on the Rights of the Child: Vulnerable Children’s Welfare in Sweden”", Journal of Social Policy 2016 (Vol 45(3)), 435452.
13. Lundy L., “"Voice is Not Enough: Conceptualising Article 12 of the United Nations Convention on the Rights of the Child”", British Educational Research Journal 2007 (Vol 33(6)), 927942.
14. Strandholdt Andersen C., and Dolva A., “"Children’s Perspective on Their Right to Participate in Decision-Making According to the United Nations Convention on the Rights of the Child Article 12”", Physical and Occupational Therapy in Pediatrics 2015 (Vol 35(3)), 218230.
15. Taylor N., “"What Do We Know About Involving Children and Young People in Family Law Decision Making? A Research Update”", Australian Journal of Family Law 2006 (Vol 20), 154178.
16. Tobin J., “"Justifying Children’s Rights”", International Journal of Children’s Rights 2013 (Vol 21), 395441.
17. Goldson J., Child Inclusion in Dispute Resolution in the New Zealand Family Court: A Position Paper (Auckland: Family Matters Centre, 2009).
18. Ministry of Justice, Evaluation of Family Dispute Resolution Service and Mandatory Self-Representation: Qualitative Research Findings (Wellington: Ministry of Justice Research and Evaluation Team, 2015).
19. Doel-Mackaway H., “"Just Ask Us. Come and See Us"” – The Participation of Aboriginal Children and Young People in Law and Policy Development (Sydney: Macquarie University PhD Thesis, 2016).
20. United Nations Convention on the Rights of the Child, 1989. Adopted by the General Assembly of the United Nations on 20 November 1989. u.n. Doc. A/RES/44/25.
21. bu v. ac fc Manukau FAM-2001-092-1875, 26 February 2007.
22. C v. S [2006] 3 nzlr 420.
23. C v. S CA115/06, 18 October 2006.
24. l v b hc Auckland CIV-2009-404-005482, 22 January 2010.
25. Rewi-Wetini v Wasser fc Hamilton FAM-2002-019-1515, 21 September 2005.
26. Gillick v. West Norfolk and Wisbech A.H.A. [1986] ac 122 (uk).
http://brill.metastore.ingenta.com/content/journals/10.1163/15718182-02502012
Loading

Article metrics loading...

/content/journals/10.1163/15718182-02502012
2017-08-08
2018-07-16

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The International Journal of Children's Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation