Chapter II - Procedural measures to promote the exercise of children's rights

A. Procedural rights of a child

Article 3 - Right to be informed and to express his or her views in proceedings

A child considered by internal law as having sufficient understanding, in the case of proceedings before a judicial authority affecting him or her, shall be granted, and shall be entitled to request, the following rights:

to receive all relevant information;

to be consulted and express his or her views;

to be informed of the possible consequences of compliance with these views and the possible consequences of any decision.

Article 4 - Right to apply for the appointment of a special representative

Subject to Article 9, the child shall have the right to apply, in person or through other persons or bodies, for a special representative in proceedings before a judicial authority affecting the child where internal law precludes the holders of parental responsibilities from representing the child as a result of a conflict of interest with the latter.

States are free to limit the right in paragraph 1 to children who are considered by internal law to have sufficient understanding.

Article 5 - Other possible procedural rights

Parties shall consider granting children additional procedural rights in relation to proceedings before a judicial authority affecting them, in particular:

the right to apply to be assisted by an appropriate person of their choice in order to help them express their views;

the right to apply themselves, or through other persons or bodies, for the appointment of a separate representative, in appropriate cases a lawyer;

the right to appoint their own representative;

the right to exercise some or all of the rights of parties to such proceedings.

B. Role of judicial authorities

Article 6 - Decision-making process

In proceedings affecting a child, the judicial authority, before taking a decision, shall:

consider whether it has sufficient information at its disposal in order to take a decision in the best interests of the child and, where necessary, it shall obtain further information, in particular from the holders of parental responsibilities;

in a case where the child is considered by internal law as having sufficient understanding:

ensure that the child has received all relevant information;

consult the child in person in appropriate cases, if necessary privately, itself or through other persons or bodies, in a manner appropriate to his or her understanding, unless this would be manifestly contrary to the best interests of the child;

allow the child to express his or her views;

give due weight to the views expressed by the child.

Article 7 - Duty to act speedily

In proceedings affecting a child the judicial authority shall act speedily to avoid any unnecessary delay and procedures shall be available to ensure that its decisions are rapidly enforced. In urgent cases the judicial authority shall have the power, where appropriate, to take decisions which are immediately enforceable.

Article 8 - Acting on own motion

In proceedings affecting a child the judicial authority shall have the power to act on its own motion in cases determined by internal law where the welfare of a child is in serious danger.

Article 9 - Appointment of a representative

In proceedings affecting a child where, by internal law, the holders of parental responsibilities are precluded from representing the child as a result of a conflict of interest between them and the child, the judicial authority shall have the power to appoint a special representative for the child in those proceedings.

Parties shall consider providing that, in proceedings affecting a child, the judicial authority shall have the power to appoint a separate representative, in appropriate cases a lawyer, to represent the child.

C. Role of representatives

Article 10

In the case of proceedings before a judicial authority affecting a child the representative shall, unless this would be manifestly contrary to the best interests of the child:

provide all relevant information to the child, if the child is considered by internal law as having sufficient understanding;

provide explanations to the child if the child is considered by internal law as having sufficient understanding, concerning the possible consequences of compliance with his or her views and the possible consequences of any action by the representative;

determine the views of the child and present these views to the judicial authority.

Parties shall consider extending the provisions of paragraph 1 to the holders of parental responsibilities.

D. Extension of certain provisions

Article 11

Parties shall consider extending the provisions of Articles 3, 4 and 9 to proceedings affecting children before other bodies and to matters affecting children which are not the subject of proceedings.

E. National bodies

Article 12

Parties shall encourage, through bodies which perform, inter alia, the functions set out in paragraph 2, the promotion and the exercise of children's rights.

The functions are as follows:

to make proposals to strengthen the law relating to the exercise of children's rights;

to give opinions concerning draft legislation relating to the exercise of children's rights;

to provide general information concerning the exercise of children's rights to the media, the public and persons and bodies dealing with questions relating to children;

to seek the views of children and provide them with relevant information.

F. Other matters

Article 13 - Mediation or other processes to resolve disputes

In order to prevent or resolve disputes or to avoid proceedings before a judicial authority affecting children, Parties shall encourage the provision of mediation or other processes to resolve disputes and the use of such processes to reach agreement in appropriate cases to be determined by Parties.

Article 14 - Legal aid and advice

Where internal law provides for legal aid or advice for the representation of children in proceedings before a judicial authority affecting them, such provisions shall apply in relation to the matters covered by Articles 4 and 9.

Article 15 - Relations with other international instruments

This Convention shall not restrict the application of any other international instrument which deals with specific issues arising in the context of the protection of children and families, and to which a Party to this Convention is, or becomes, a Party.