Article 12: The views of the child

Convention text

1. 

The countries that have signed the Convention must ensure that children are able to form their own views. They must also ensure that children have the right to express those views in all matters affecting them. Those views must be given due weight in a way that is appropriate to the child’s age and development.

2.

To ensure this, children must also be heard in judicial proceedings affecting them. This may take place either directly or through a representative, in a manner consistent with the procedural rules and the law of the country.

Key point

Every child has the right to express their views on matters that affect them. Those views must be taken seriously.

Explanation

Children have the right to express their views on decisions that affect them. This means that they can take part in discussions, contribute ideas and be involved. This applies in their everyday environment, such as at home and at school, as well as in court proceedings. According to the Convention, a child’s age does not in itself determine whether they may express a view, but their age and development must be taken into account. This helps determine the weight that should be given to the child’s views. It is also important to consider the possible impact on the child. In the Netherlands, there is an age threshold: courts are required to hear children aged 8 and over.

More information

General Comment No. 12 on the Convention provides further guidance on the right of children to express their views.