Introduction: Children, Autonomy and the Courts: Beyond the Right to be Heard

Daly, Aoife

doi:10.1163/9789004355828_002

Cited by 10 publications

(26 citation statements)

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“…The child friendly resource should not try to capture all of the detail of the original text; instead it has to highlight the key points that will be most relevant and useful to children and young people. Many of the young people with whom we have engaged in more recent work on child friendly justice (Stalford et al (TALE), 2015-2017 reinforce the point that they, like adults, will rarely absorb or even read or listen to long-winded information resources, no matter how appealing their presentation. The young people engaged in our study mined from the 83 Guidelines just three issues that they felt were instrumental to achieving child friendly justice: the provision of clear, reliable and useful information at all stages of the process; specialist training and awareness-raising among justice professionals as to the mechanisms that need to be put in place to achieve child friendly justice; and the right to have a say in decisions that affect them.…”

Section: Towards a Child Rights-based Approach To Developing Child Frmentioning

confidence: 99%

“…Orama, for example, observes that "adult professionals tend to take for granted that they know what is in the best interest of children, often without even asking the children concerned" (Orama, 2009). This is supported by the burgeoning contemporary research on the justice process which points to a stubborn tendency on the part of adults (particularly justice professionals) to "make decisions on behalf of children without any reference to children's knowledge, experience or preferences" (Lansdown & O'Kane, 2014;Daly, 2017;Emerson, Lloyd, Lundy, Orr, & Weaver, 2014).…”

Section: Beyond Knowledge Towards Understanding: Agency Asserting Infmentioning

confidence: 99%

“…Rather, most attempts to critically engage with justice processes, even those that purport to be from a children's rights perspective, have focused on procedural and environmental factors: the conditions under and extent to which children's views are heard and taken into account by professionals/practitioners and parents (Birnbaum, Bala, & Cyr, 2011;Brighouse, 2003;Cashmore & Parkinson, 2008Daly, 2017;Fortin, 2004;Leviner, 2015;Nolan, 2010); the methods by which children's best interests are assessed (Eekelaar, 2015;Mnookin, 1985;Parker, 1994;Piper, 2001); or the amenability of the physical (court) environment to children's specific interests and vulnerabilities (EU Agency for Fundamental Rights, 2017, p. 13). There has been a surprising lack of critical engagement with the actual 'triggers' of or 'gateways' to child friendly justice.…”

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confidence: 99%

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Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

Stalford

Cairns

Marshall

2017

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Making the justice process 'child friendly' is a key priority for the children's rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive 'Guidelines on Child Friendly Justice'. Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children's rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, 'child friendly' information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children's rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.

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Section: Towards a Child Rights-based Approach To Developing Child Frmentioning

confidence: 99%

Section: Beyond Knowledge Towards Understanding: Agency Asserting Infmentioning

confidence: 99%

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confidence: 99%

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Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

Stalford

Cairns

Marshall

2017

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“…This notion of agency perhaps mirrors neatly the 'participation' element to be found in the UN Convention on the Rights of the Child (CRC). There are problems however with the vagueness of both terms for under-18s when it comes to understanding and claiming their rights, and in particular their legal rights to make choices for themselves (Daly, 2018).…”

Section: Introductionmentioning

confidence: 99%

“…To challenge idealised and unrealistic visions of childhood requires acceptance that under-18s have autonomy rights as adults do. Under-18s should only be viewed as requiring 'protection', where this means overruling their own choices, where this is truly necessary and proportionate (Daly, 2018).…”

Section: Introductionmentioning

confidence: 99%

Vulnerable subjects and autonomous actors: The right to sexuality education for disabled under-18s

Daly¹,

Heah

Liddiard

2019

Global Studies of Childhood

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International human rights standards are clear that children and young people have a right to sexuality education. Nevertheless, the delivery of such education is often considered questionable, particularly for groups of children perceived as more ‘vulnerable’. In this article, the example of the right to access sexuality education for disabled children is used to explore the autonomy/vulnerability dynamic. Historically, sexuality education has been denied to disabled children, ostensibly to protect them from information and activities perceived as inappropriate due to their (perceived) greater vulnerabilities. It is argued, however, that discourses of sexual vulnerability can actually be dangerous in themselves. Sexuality education, rather than being a threat to disabled under-18s, serves as a way to increase their autonomy by equipping them with tools of knowledge around sex and relationships. This case study demonstrates how the autonomy of under-18s is not something inherent in them but something which can be enhanced through recognition of rights such as education and information, as well as recognition of adult responsibilities to facilitate this.

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Children’s Participation in Youth Justice and Civil Court Proceedings

Daly¹,

Rap²

2018

Precision Manufacturing

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Introduction: Children, Autonomy and the Courts: Beyond the Right to be Heard

Cited by 10 publications

References 0 publications

Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

Vulnerable subjects and autonomous actors: The right to sexuality education for disabled under-18s

Children’s Participation in Youth Justice and Civil Court Proceedings

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