Child Representation in Cases Before the European Court of Human Rights

Abstract

Representation of the child is an integral part of the institution of parental responsibility. Holders of parental responsibility, usually the parents, represent their child equally, jointly and consensually both in everyday life and in administrative and judicial proceedings. However, in certain life situations a conflict between parents may appear (such as separation, divorce, child abduction, partial deprivation of legal capacity etc.), so the question arises as to which one of them should represent the child? Would representation of the child by only one parent disrupt the principle of parental equality as well as the equality of sexes? In certain life situations a conflict of interests between the parents and the child may appear (because criminal, misdemeanour or family law proceedings for the protection of the rights and welfare of the child have been initiated against one or both parents etc.), and the challenge for the legal system is how to ensure objective and impartial representation of the child and his/her best interests? These are both social and legal problems that will be elaborated through relevant academic sources and recent case law of the European Court of Human Rights.