On 13–14 May 2025, the International Commission of Jurists (ICJ) held a workshop on child-friendly justice and procedural rights. Experts and practitioners from the Czech Republic, Slovakia, Malta, Austria and the Netherlands focused on how international and EU legal frameworks protect the best interests of the child and the child’s right to be heard in legal proceedings and how these rights are implemented in practice.
Over two days, participants explored models of child representation and procedural safeguards that ensure children’s views are genuinely considered in decisions concerning children’s rights.
Reflecting the diversity of professional perspectives, the event brought together judges, lawyers, social workers, academics, as well as representatives of Ombuds’ offices, and civil society organizations.
“Children can express themselves in many different ways, and it is crucial that we talk to them and to explain things to them, even when they are very young,” said Martine Comte, ICJ Commissioner, former Judge.
Participants identified as a critical issue that children’s views are often only superficially considered – especially when the child is perceived as “difficult” or “problematic.” They stressed that hearing a child must not be a mere formality, but must serve as a meaningful process that genuinely influences the outcome. Promising practices included child-friendly judgments addressed directly to children and the use of family group conferencing. As some participants noted, seemingly minor elements – such as a child’s attachment to a pet or regular contact with friends – may carry deep emotional weight for children and can be central to the child’s sense of stability and well-being, for instance when taken away from the family..
Discussions also centred around the dual role of child protection authorities and the lack of independence in children’s representation. Participants from the Czech Republic and Slovakia shared concerns that the same authority both initiates the proceedings and represents the child, raising questions about impartiality.
“The role of the representative of the child in legal proceedings is crucial for the child´s access to justice,” said Karolína Babická, ICJ Senior Legal Adviser. “It is not the role of the representative to assess the child´s best interests, but rather to ensure the child´s right to be heard. Lack of clarity regarding the role of a representative of a child in proceedings may lead to a violation of their fair trial rights,” Karolína Babická added.
The workshop, bringing together a wide range of professionals from various fields, succeeded in bridging across civil, administrative, and criminal law, contributing to a more integrated approach to child-centred legal proceedings.
Follow-up
A follow-up webinar will take place on 18 June 2025 at 16:00 CET, offering an opportunity for continued exchange.
This workshop is one of three transnational exchange workshops held in Belgium. The second workshop in September will focus on the barriers that children with disabilities face when participating in legal proceedings. In November 2025, the third workshop will explore how migrant and refugee children can effectively participate in asylum and migration-related proceedings.
Background
The Be Seen Be Heard – Empowering Child VOICEs in Legal Proceedings (VOICE) project aims to promote the effective realization of children’s right to be heard and participate in judicial proceedings across Austria, the Czech Republic, Malta, the Netherlands, and Slovakia, in alignment with Article 12 of the Convention on the Rights of the Child and the EU Strategy on the Rights of the Child. Led by the consortium of partners – the ICJ, Nederlands Juristen Comite Voor Demensenrechten, Forum for Human Rights, the Aditus Foundation, and the Österreichische Juristenkommission, the initiative focuses on enhancing the expertise of justice professionals working with children, bolstering the sharing of best practices and raising awareness about the need for a child-centred approach in legal proceedings.
Download
Agenda here.
Contact
Karolína Babická, ICJ Senior Legal Advisor, [email protected]
