Children's involvement in decision-making for care and protection issues

Abstract

Various jurisdictions have established legal and policy frameworks to enable children in child protection and care proceedings to voice their perspectives when decisions impacting their lives are made. This article examines whether these mechanisms effectively promote children’s participation and ensure their views are heard and appropriately considered, as mandated by Article 12 of the UN Convention on the Rights of the Child, which emphasizes giving due weight to children’s opinions based on their age and maturity. Using New South Wales, Australia, as a case study, the article explores the practical and theoretical dimensions of child participation, supplemented by international comparisons and socio-legal research. Findings reveal significant gaps in meeting Article 12’s standards across Australia and other regions. Many mechanisms fail to provide children with adequate information to navigate the process or foster meaningful engagement through trusted advocates who can accurately represent their views. Moreover, it remains ambiguous how children’s perspectives are interpreted and prioritized in decision-making. Research consistently shows that children often feel unheard and lack opportunities to express what matters to them. The article proposes several strategies to enhance legal frameworks, ensuring children’s views are better integrated into care and protection decisions, and highlights the need for culturally sensitive and child-centered approaches to uphold their participatory rights.