The Right of Children to be Heard and to Express Their Views in Court Proceedings as a Cornerstone of Child- Friendly Justice

Abstract

The interests of the child require that they be dealt with by a child-centred justice system that takes into account their unique situation and needs. Hearing a child can have a lasting impact on their entire life, so it is extremely important to consider the environment and manner in which this is done by the court or forensic psychologist. This paper analyses the hearing of children with the capacity to form judgments by the court and the interpretation of their opinions in the Romanian context. The first part of the paper places the topic in a European and international context and describes the legal background of child hearings and the relevant Romanian legislation. The second part analyses court practice in the light of specific legal cases, while the third part focuses on presenting international models and best practices and comparing them with the Romanian system in order to
support de lege ferenda proposals. The aim of the thesis is to examine how the court hearing of children with legal capacity can be made even more effective, to identify the shortcomings of the current legal framework, and to propose solutions to improve the process.