Save

Balancing a Child's Best Interests and a Child's Views

In: The International Journal of Children's Rights
View More View Less
  • 1 Department of Philosophy, Lancaster University
  • | 2 University of Bergen, HEMIL-Centre
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

€29.95$34.95

Abstract

We consider the problem of reconciling the two commitments to hear a child and to promote a child's best interests by identifying the principal issues at stake and illustrating them by reference to legal decision-making in the domains of health in the United Kingdom and custody and child protection in Norway. We agree that a child's views are not authoritative but dispute Harry Brighouse's claim that they are only of consultative value, affirming the fundamental right of a child capable of expressing a view of doing so and of thereby participating in the procedures where decisions affecting his or her interests are made. In conclusion we offer a checklist of questions that need to be asked about the way in which jurisdictions combine their explicit commitments to the two principles of best interests and hearing the child's views.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 1925 778 59
Full Text Views 956 266 30
PDF Views & Downloads 1370 510 71