Children’s Rights Knowledge Centre Academics from multiple disciplines (Flemish) Professionals government Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Voicing the child: A children’s rights approach Katrien Herbots & Sara Lembrechts Children’s Rights Knowledge Centre (Belgium) Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
- CHALLENGES / PITTFALLS Voicing + OPPORTUNITIES children ? QUESTIONS in court Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
TRUE OR FALSE? True False It is impossible to hear children in such proceedings, because they are influenced or even manipulated by one of the parents. Participation of children undermines parental authority. Parents always know what is in the best interests of children. Participation in Court puts children at risk. Children think short-term and practical, not long-term and logical. Children should not be asked to say their views because they shouldn’t be forced to choose between two parents. Voice = choice. Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Various theories, models and tools based on children’s rights have been developed to support understanding of voicing children in a dynamic way Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
(1) Model of Lundy (2007) – art. 12 CRC Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
(2) Concept of participation (Herbots & Put, 2014) Who? Why? About How? what? Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
(3) Reflection tool (KeKi, 2015-2017) Tool for self-reflection to support professionals who want to work in a participatory way with children and young people. – Move beyond methods and techniques, focus on perspective – Make visible hidden assumptions that play when dealing with children and young people and recognize how these assumptions influence the reality (positively and negatively) • e.g. what to achieve, what information is necessary, transparency, setting, … – Before, during and after involving children and young people Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Children’s rights LEGAL MEANING Techniques Methods Policy Laws & rules SOCIAL MEANING Attitudes Culture Behaviour Beliefs Values Thoughts Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Voicing children… what now? Reflection How? Who? Why? About what? Influence Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Voicing children in Court CHILD JUDGE PARENTS • find out children’s • mattering • no longer partners, but interests (now & forever parents • interests (now & future) future) • interests of childeren • gain insight and • support • experience understanding in the • word, play, drawing … • … situation • involvement in the • personal or through procedure intermediaries • … • reduce risks / pressure • … • Pitfalls • Pitfalls • Pitfalls • interchange with • find out what child • choice partnerconflict wants • involvement in parental • compelling • focus on verbal / conflict • actual vs perceived cognitive best interests • culture of conflict • pressure to decide Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Importance of voicing Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Practical tips – Awareness of impact: experienced quality of the decision links to quality of life – Case-by-case assessment: stay away from minimum ages – Provide age-appropriate information and transparency – Critically assess own perspectives on children’s capacities: beyond rational understanding & beyond verbal expression – Take an empathic and constructive stance • Towards children: provide guidance in a way that reflects understanding of children’s feelings and perspectives • Towards parents: reassure and confirm parents in their role and in the difficulties they face – … Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
A children’s rights perspective invites to: – Shift the focus from the conflict between parents to the interests of the child & what’s in the interests of the child – Be attentive to provide age-appropriate information – Give the child a sense of meaning by mattering – Take away the burden and isolation of the child – Cooperate with other professionals involved in the child abduction trajectories : learn to know each other’s way of working, efforts towards a shared commitment, combine all pieces of the puzzle – Age-appropriate involvement empowers children and reduces the adverse effects of challenging events in the long term – … Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Critical reflections: has anything changed? – It is impossible to hear children in such proceedings, because they are influenced or even manipulated by one of the parents. – Participation of children undermines parental authority. Parents always know what is in the best interests of children. – Participation in Court puts children at risk. – Children think short-term and practical, not long-term and logical. – Children should not be asked to say their views because they shouldn’t be forced to choose between two parents. – Voice = choice. – … Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
A children’s rights approach to voicing children contains an invitation to critically rethink our position as adults & professionals and consider the perspective of the child as an important element in our thinking and actions Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Contact Children’s Rights Knowledge Centre (KeKi) HoGent Campus Schoonmeersen Building D, Office 1.023 Valentin Vaerwyckweg 1 9000 Ghent – Belgium +32 9 243 24 70 katrien.herbots@keki.be sara.lembrechts@keki.be www.keki.be www.facebook.com/KeKivzw www.twitter.com/KeKivzw Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
THANK YOU Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
EXTRA Understanding key concepts: some extra background information – Agency – Maturity – age – Dynamic relationships Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Agency Adult Parent meaning- autonomy Child maker Judge ... action works in two directions BUT differences in power, resources Agency & nature of rights Pitfalls - Prospective agency rights of children - Interchange in adult-like rights & expectations Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Maturity – Age – Adult-centred : Children’s capacity to understand and assess the implications of a certain decision, as well as to show a reasonable and independent expression of views, wishes and preferences – Child-centred: Children as meaning-makers and experts on their own lives Pitfalls – Numerical age – Verbal / cognitive Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Dynamic relations – Loyalty = relational reality • Existential = descent • Acquired = taking care – Parentification • Self-awareness • Self-validation – Cognitive, social & moral development – Stress: future, identity… Pitfalls – Survival strategy: parental alienation – suicidal thoughts – Negative parentification – Denying agency Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
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