Book: Child Participation in Portugal's Judicial Proceedings
Eurochild member Odete Severino Soares has released a new book exploring how judges integrate children’s opinions into their rulings and the ways these decisions are conveyed back to the children.
In Portugal, the right of children to participate and be heard in legal proceedings concerning them is enshrined in national legislation, affirming their status as “subjects of rights.” However, the consistent application of this right remains incomplete within judicial practice. This gap is partly due to the variability in its interpretation, which can result in the child not being heard, or to the lack of suitable conditions to facilitate their participation.
This study employs a theoretical and practical approach to examine the impact and influence of children’s participation on the decisions made by judges in family and minors’ courts, with a focus on promotion and protection proceedings (judicial phase) and civil guardianship. Specifically, it centres on cases involving the regulation, modification, and non-compliance of parental responsibilities during the 2019/2020 judicial year in the Family and Minors Courts of Coimbra and Sintra.
The study highlights positive legislative and judicial developments supporting the child’s right to participate and be heard in court. It also presents arguments for public and political decision-makers to integrate a “child rights-based approach” into judicial culture. Anchored in the core principles of the United Nations Convention on the Rights of the Child, this approach advocates for judicial processes that are fully adapted to the needs of children and that actively value their input in decision-making. This ensures that children's best interests are consistently upheld in judicial proceedings.
