Direct consultation with children

Child participation should be envisaged through direct contact with children and not only be mediated through non-governmental organisations and human rights institutions (thus, indirectly).

The right of children to be heard on “matters that affect them” implies that the views of particular groups of children on particular issues should be ascertained, as for example of children who have experienced the judicial system on proposals for legislative reform in that area, or of migrant children on migration law and policy. Children should participate meaningfully in the planning, implementation and evaluation of policies and programmes for child protection.

Consultation with children

 
 

Source: FRA, 2014

  Yes, direct consultation with children and families
  Yes, but indirect consultation through formal structures/representatives
  No consultation

Key findings

  • Many EU Member States have introduced consultation with children and parents in the development, implementation and evaluation of child protection policies and laws. In most of these Member States, it is, nevertheless, not embedded in the decision-making process and does not take place in a systematic way.
  • In some Member States, children and families are mainly consulted through formal structures and representative bodies.
  • General provisions on the evaluation of social services and programmes may include consultation with service users and beneficiaries, and hence with children and families.
  • When no specific provisions on consultation with children exist, there is little evidence that it happens in practice.
  • In some Member States, the obligation of responsible authorities to consult with service users, children and families is enshrined in law.

The process of direct consultation with children and families when developing or assessing the impact of laws and policies was only identified in 10 EU Member States (Austria, Denmark, Estonia, Finland, Ireland, Luxembourg, Malta, Netherlands, Sweden and the United Kingdom). In others (Belgium, Bulgaria, Croatia, Latvia and Lithuania), consultation is carried out indirectly through formal structures and/or representatives such as children’s councils or parental associations.

In many EU Member States (Croatia, Cyprus, Denmark, Finland, Greece, Lithuania and Sweden), national child ombudsperson’s offices and child rights commissioners have established consultation practises to promote the participation of children in their daily work. Children are consulted on various issues related to their rights, including child protection. Consultation takes place either ad hoc, involving a specific group of children or, more often, through formal structures (such as children’s panels).

In some Member States such as France and Romania, there are general provisions concerning the consultation of children and families in their capacity as beneficiaries, which are part of the evaluation process of social services and programmes.

In Cyprus, although the consultation of children and families is not embedded in the development of laws and policies, children are consulted for the appointment of the Commissioner for the Protection of Children’s Rights. In some other Member States such as Germany, France and Estonia, some ad hoc practises were identified.