Protecting children's rights during a parent's criminal court proceedings

Eurochild member COPE (Children of Prisoners Europe) held its fourth Judicial Roundtable on 27 June, hosted by the Portuguese Supreme Court of Justice in Lisbon, to explore how children’s voices can meaningfully and safely be heard during a parent’s criminal court proceedings, to ensure their best interests are prioritised in decisions concerning them.

41 participants took part, including judges, prosecutors, lawyers, academics, civil society actors and prison officials. Since 2022, COPE has organised Judicial Roundtables across Europe to address system gaps and promote wider respect for children’s rights among the judiciary at the following stages: when authorising a parent’s arrest and first court appearance, when deciding pre-trial measures, during trial; and at sentencing and post-sentencing supervision.

Why and how children should be heard

Judge Paulo Guerra of the Court of Appeal Coimbra reminded participants that hearing children is a legal duty under the UN Convention on the Rights of the Child, yet one often overlooked in criminal proceedings. He called for systematic recording of whether children had been heard, their age and reasons if not in all judicial rulings impacting children, to promote accountability and a more consistent application of the child’s right to be heard. He stressed that hearings should happen in child-friendly environments, led by professionals trained in communicating with children.

This call was powerfully reinforced by Mireille Farrugia, a lawyer who shared her own experience of attending her father’s criminal trial as a teenager. She underlined that a child’s mere presence in court does not guarantee their participation, stressing that children must be consulted in safe and supportive ways, with their views genuinely considered throughout the process.

• Training for judges and child-friendly practices

Portuguese NGO and COPE member CASPAE highlighted the role of judicial training, presenting a training module for judges and prosecutors which focuses on children’s rights, case law and best practices, as part of the project “Agents of Transformation – 3Cs Programme”. They also introduced the launch of COPE’s “Game with Mum & Dad” project in Portugal, which creates stigma-free spaces for children and imprisoned parents to bond through sport.

Supreme Court Justice Carlos Campos Lobo discussed the reality of children living in prison with parents until age three (or five in exceptional cases), noting gaps such as the lack of child-care facilities in male prisons. Orlando Carvalho, Director-General of the Directorate-General for Reintegration and Prison Services (DGRSP), announced that reforms are currently underway to improve child–parent contact, including initiatives to offer more child-focused visits and off-site visiting spaces for children to meet with fathers currently serving a prison sentence.

• European standards and practical steps

Supreme Court Justice João M. da Silva Miguel reviewed European Court of Human Rights rulings affirming states’ duty to ensure meaningful child-parent contact under Article 8 of the European Convention. International perspectives also enriched the discussion: COPE member David Mackie, a retired Sheriff (Judge) from Scotland, presented the Children’s Hearings System as a rights-based model, with examples of courts requesting child impact assessments before a parent’s sentencing or delaying sentences to allow childcare arrangements.

• Impact and next steps

The Roundtable highlighted the importance of collaboration among judges, prison services, and civil society in making children’s rights a reality in practice, not just in principle. A key outcome was recognition of COPE as an official training provider by the European Training Platform, broadening access to resources for justice professionals across Europe. COPE hopes this event strengthens the momentum in Portugal to uphold the rights of children affected by parental imprisonment. Looking ahead, COPE will carry forward the ideas, partnerships and commitments generated at the event, including plans for a 2026 Roundtable.