By way of exception, however, children may sometimes bring a case to court on their own if certain conditions are met. This applies, for instance, to proceedings related to family, property and employment. In these cases, children may have the right, under certain conditions, to address the court without the involvement of their parents or guardians.
This issue is not distinctly regulated at the international or EU level, but it draws upon the right of children to be heard in all proceedings affecting their lives. Moreover, it constitutes an integral part of children’s right to access justice. According to Article 12 (2) of the Convention on the Rights of the Child, though, in judicial proceedings this right may be exercised “either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law”.
It thus lies within the powers of the Member States to make the appropriate legal arrangements, giving, however, due consideration to the principle of the best interests of the child and the child’s right to be heard.