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The right of children to be heard in civil proceedings and the emerging law of the European Court of Human Rights

Daly, Aoife (2011) 'The right of children to be heard in civil proceedings and the emerging law of the European Court of Human Rights.' International Journal of Human Rights, 15 (3). pp. 441-461. ISSN 1364-2987

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Abstract

The right of children to be heard in civil proceedings affecting them as enshrined by the Convention on the Rights of the Child is not expressly contained within the European Convention of Human Rights, nor has such a right been explicitly determined by the European Court of Human Rights. However considering the principles of evolutive interpretation, the positive obligations inherent within art. 6 and art. 8 as well as the case law on hearing children to date, it is to be argued that such a right can be derived under the Convention.

Item Type: Article
Subjects: H Social Sciences > HQ The family. Marriage. Women
K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 24 Oct 2012 12:12
Last Modified: 24 Oct 2012 12:12
URI: http://repository.essex.ac.uk/id/eprint/4168

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