The participation of juvenile defendants and parents in the youth court

Access to Justice for Children: Towards a Specific Research and Implementation Agenda

“…The specifics of the abovementioned requirements depend on the context in which a child seeks justice. Research on effective participation of children in youth courts across Europe confirms the relevance of the factors mentioned here and recognised in international instruments and case law (Rap, 2013). It adds that one should also invest in the education and training of the professionals involved, including the child's lawyer, and that the involvement of parents contributes to the child's understanding of the proceedings and his effective participation (see further Guidelines, Part iv, D: paras.…”

“…48), but clarification of the decision is a rather essential component of the child's effective participation. It is strongly related to the effectiveness of the proceedings, the child's sense of (procedural) justice (Rap, 2013) and the accountability of decision makers. However, it can also be regarded relevant as a means to inform the child about his right to appeal the decision (Guidelines, Part iv, E: para.…”

“…Child-friendly Outcomes and Remedies The final element of child-friendly proceedings concerns the outcomes and ultimately the remedies provided. As just mentioned, the effective participation of a child affects the effectiveness of the remedies, which also relates the child's sense of (procedural) justice (see, e.g., Tyler, 2006; see also Rap, 2013) and the accountability of perpetrators. But what about child-friendly remedies?…”

Understanding Children’s Court Processes and Decisions: Perceptions of Children and Their Families

“…Adversarial courts are common in English-speaking countries although, increasingly, alternative means of dispute resolution and therapeutic jurisprudence are characterising some courts. The inquisitorial system common to continental Europe has more scope for involvement of parents and young persons (Rap and Weijers, 2013), but Rap’s (2013) extensive research in relation to a number of the youth court systems reveals inconsistencies in hearing the voices of young persons in those courts in different countries. Specialist Children’s Courts that foster a therapeutic jurisprudence approach that seeks to achieve ownership of, and cooperation with, outcomes arrived at through exploration of issues and attention to the consideration of constructive options, and the provision of appropriate supports, to achieve positive results, characteristically position participants’ voices front and centre.…”

“…In many jurisdictions, a number of scholars (Kilkelly, 2008; Liefaard, 2016; Rap, 2013; Rap and Weijers, 2016; Sheehan and Borowski, 2013; Varma, 2007) have also lamented the lack of parents’ voices in the various systems, and they have contended that parental input can co-exist with judicial and the young person’s voice. Rap (2013) has argued that research convincingly reveals that parental input is vital, given that they are often at the ‘front-line’ of implementation of orders from the courts, and can successfully guide the young person towards more successful resolutions.…”