Balancing a Child’s Best Interests and a Child’s Views
نویسندگان
چکیده
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, affi rming the fundamental right of a child capable of expressing a view of doing so and of thereby participating in the procedures where decisions aff ecting his or her interests are made. In conclusion we off er 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.
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