Summary of contextual overviews on children’s involvement in civil and administrative judicial proceedings in the 28 Member States of the European Union.
Date: 2015-05-29
Institutions: Directorate-General for Justice and Consumers
Subjects: EU Member State, administrative law, child protection, children's rights, civil law, judicial proceedings, report

Summary of contextual 
overviews on children’s 
involvement in civil and 
administrative judicial 
proceedings in the  
28 Member States  
of the European Union

Justice

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Children’s involvement in civil and administrative judicial proceedings in the EU 

A report submitted to DG Justice and Consumers of the European Commission 
by ICF Consulting Services
in association with
Milieu
13 January 2015

This Report has been prepared by Elena Jurado, Simone Klinge and James Kearney and checked by Nick Bozeat 
for ICF in partnership with Milieu Ltd. under Contract No JUST/2011/CHIL/PR/0147/A4 with the European Commis-
sion, DG Justice and Consumers.

The information and views set out in this publication are those of the author(s) and do not necessarily reflect the 
official opinion of the European Union. Neither the European Union institutions and bodies nor any person acting 
on their behalf may be held responsible for the use which may be made of the information contained therein.

European Commission – Directorate-General for Justice and Consumers
More information on the European Union is available on the Internet (http://europa.eu).

Luxembourg, Publications Office of the European Union, 2015

PDF 

ISBN 978-92-79-47495-8 

doi:10.2838/870379 

DS-01-15-277-EN-N

© European Union, 2015
Reproduction is authorised provided the source is acknowledged.

 
Contents

Introduction 
Context and objectives 

1 
1.1 
1.2  Methodology 
1.3 

Report content and structure 

2 
2.1 
2.2 
2.3 
2.4 
2.5 
2.6 
2.7 
2.8 

The numbers of children affected 
Introduction 
Children affected by parental divorce 
The international abduction of children 
Children affected by national and inter-country adoption processes 
Children affected by asylum application decisions 
Court cases concerning child maintenance 
Administrative sanctions received by children 
Court cases regarding children in care placements 

1

5
5
5
7

8
8
8
8
8
9
9
9
9

General elements of child-friendly justice in civil and administrative judicial proceedings  
Introduction 
Key variations in institutional frameworks 

3 
3.1 
3.2 
3.2.1  Type of courts and applicable procedural rules when dealing with children 
3.2.2  The existence of child-specific procedural rules that apply to civil and  

11
11
11
11

administrative judicial proceedings 

Procedural rules affecting children’s access to justice  

12
3.2.3  The involvement of judicial and non-judicial bodies in decisions to place children into care  12
13
3.3 
13
3.3.1  Age of procedural capacity  
15
3.3.2  Measures in place to facilitate a child’s right to file a claim 
17
3.3.3  Statute of limitations 
3.3.4  Provisions in place to ensure that legal proceedings are started in child protection cases 
17
3.4  Measures for advancing the principle that the best interests of the child should be  

a primary or the paramount consideration 

19
3.4.1  Reflecting the principle in the Constitution or relevant legislation  
19
3.4.2  Developing criteria to determine the best interests of the child in particular circumstances   19
20
3.4.3  Giving due weight to the expressed views of the child  
20
3.4.4  Adopting a multidisciplinary approach  
3.5 

National monitoring mechanisms to ensure the compatibility of safeguards with  
international standards 
The prevalence of a multidisciplinary approach and cooperation to safeguard the  
rights of children in judicial proceedings 
Training requirements for professionals working with and for children in  
judicial proceedings 

Specific safeguards in different areas of protection for child-friendly justice  
Introduction 
Children’s access to information and advice 
The protection of the child’s private and family life 
The child’s right to be heard and to participate in civil and  
administrative judicial proceedings 
Safeguards to protect children from harm in judicial proceedings and during interviews 

4.5 
4.5.1  Avoiding undue delay 
4.5.2  Adaptations to the court’s physical setting  
4.5.3  Conducting interviews in a child-friendly manner 
4.5.4  Presence of support persons and/or support services  
4.5.5  Avoiding psychological harm to the child 
4.5.6  Protection measures during the proceedings 
4.6 
4.6.1  Right to legal representation in the child’s own name  
4.6.2  Right to waive the right to legal assistance  
4.6.3  Free legal aid  

Children’s rights to legal counsel, legal assistance and representation 

21

23

26

29
29
29
32

38
41
42
43
44
45
47
48
49
49
49
50

3.6 

3.7 

4 
4.1 
4.2 
4.3 
4.4 

2

4.6.4  Right to choose legal counsel (CivAdm152) 
4.6.5  Guidance for lawyers representing children  
4.6.6  Guardian ad litem or special legal representative in case of potential conflict  

of interest between parents and children (CivAdm154) 

4.6.7  Representation of unaccompanied and separated children in asylum and migration cases 

4.7 
4.8 
4.9 

(CivAdm156) 
Access to and facilitating alternatives to judicial proceedings for children 
Limitations to restrictions on liberty for children 
Providing children with legal remedies and compensation for violation of rights  
or failure to act 

4.10  Offsetting the legal costs to child defendants and plaintiffs 
Enforcement of court judgments in a child friendly manner 
4.11 

5 
5.1 
5.2 

Concluding observations: the frequency with which safeguards exist 
Introduction 
Safeguards applying to children in different roles:  
plaintiffs, defendants, witnesses and subjects 
5.2.1  Safeguards that are most prevalent for child plaintiffs 
5.2.2  Safeguards that are uncommon for child plaintiffs 
5.2.3  Safeguards that are most prevalent for child defendants 
5.2.4  Safeguards that are uncommon for child defendants 
5.2.5  Safeguards that are most prevalent for child witnesses 
5.2.6  Safeguards that are uncommon for child witnesses 
5.2.8  Safeguards that are uncommon for child subjects 
5.3 
5.3.1  Placement In Care 
5.3.2  Family Law 
5.3.3  Migration Law 
5.3.5  Health Law 
5.3.7  Education Law 
5.3.9  Offences Committed Below MACR 
5.4 
5.5 

The prevalence of safeguards for children in each area of protection 
The frequency of safeguards for children in each jurisdiction 

Safeguards applying to children in different areas of law 

Annex 1   List of abbreviations of EU Member States 

50
50

51

52
53
56

60
64
65

70
70

70
71
72
72
73
73
74
75
75
76
77
78
80
82
84
85
90

93

Annex 2   Data on the scale of the affected population 
A2.2  Approximate data 
A2.3  Total number of children involved in selected criminal, civil and administrative judicial 

proceedings (per 100,000 children per annum) in 2010 

94
103

104

Table of tables 

Table 2.1 — Summary of number of children involved in civil and administrative process 
Table 3.1 — Existence of discretionary powers on the part of a judge or court to grant  

dispensation as to the minimum age of procedural capacity (nine jurisdictions) 

Table 5.1 — Safeguards for child plaintiffs existing in more than 24 jurisdictions 
Table 5.2 — Safeguards for child plaintiffs existing in less than six jurisdictions 
Table 5.3 — Safeguards for child defendants existing in more than 24 jurisdictions 
Table 5.4 — Safeguards for child defendants existing in less than six jurisdictions 
Table 5.5 — Safeguards for child witnesses existing in more than 24 jurisdictions 
Table 5.6 — Safeguards for child witnesses existing in less than six jurisdictions 
Table 5.7 — Safeguards for child subjects existing in more than 24 jurisdictions 
Table 5.8 — Safeguards for child subjects existing in less than six jurisdictions 
Table 5.9 — Safeguards that are most prevalent in the area of placement in care 
Table 5.10 — Safeguards that are least prevalent for children in proceedings on placement 
Table 5.11 — Safeguards for children in family proceedings 
Table 5.12 — Safeguards that are least prevalent for children in family proceedings 
Table 5.13 — Safeguards that are most prevalent in the area of migration law 
Table 5.14 — Safeguards that are least prevalent for children in migration proceedings 
Table 5.15 — Safeguards that are most prevalent in the area of asylum 
Table 5.16 — Safeguards that are least prevalent for children in asylum proceedings 
Table 5.17 — Safeguards that are most prevalent in the area of health law 
Table 5.18 — Safeguards that are least prevalent for children in health proceedings 
Table 5.19 — Safeguards that are most prevalent in the area of administrative sanctions 
Table 5.20 — Safeguards that are least prevalent for children in proceedings on administrative 

3

10

16
71
72
72
73
73
74
75
75
76
76
77
77
78
78
79
79
80
80
81

sanctions 

81
82
Table 5.21 — Safeguards that are most prevalent in the area of education 
82
Table 5.22 — Safeguards that are least prevalent for children in education proceedings 
83
Table 5.23 — Safeguards that are most prevalent in the area of employment 
Table 5.24 — Safeguards that are least prevalent for children in employment proceedings 
83
Table 5.25 — Safeguards that are least prevalent for children in proceedings on offences <MACR  84
91
Table 5.26 — Ten jurisdictions with the highest numbers of safeguards 
91
Table 5.27 — Five jurisdictions with the lowest numbers of safeguards 
93
Table A1.1 — List of abbreviations of EU Member States 
94
Table A2.1 — Number of national datasets in each Member State 
95
Table A2.2 — The child population in the EU (2010) (CivAdm001) 
96
Table A2.3 — Number of children affected by parental divorce proceedings (CivAdm002) 
Table A2.4 — Number of cases concerning international abductions of children (CivAdm007) 
97
Table A2.5 — Number of children subject to judicial decisions on national adoptions  

(CivAdm012) 

Table A2.6 — Number of children subject to judicial decisions on inter-country adoptions  

(CivAdm013) 

98

98

Table A2.7 — Number of first instance decisions on applications for asylum (age 0-17)  

(CivAdm016) 

99
Table A2.8 — Number of unaccompanied children applying for asylum (age 0-17) (CivAdm019)  100
101
Table A2.9 — Number of child maintenance cases (CivAdm040) 
Table A2.10 — Number of children who have received sanctions for criminal type or anti-social 

behaviour (e.g. ASBOS) (CivAdm036) 

Table A2.11 — Number of children who have received sanctions imposed by the court for road  

traffic offences (CivAdm037) 

Table A2.12 — Court cases concerning institutional care placement (CivAdm009) 
Table A2.13 — Court cases concerning children placed with a foster family during a 12 month  

period (CivAdm011) 

Table A2.14 — Member States which provide approximate data for the key indicators 
Table A2.15 — Member States which provide approximate data for the key indicators 
Table A2.16 — Total number of children involved in selected criminal, civil and administrative  
judicial proceedings (per 100,000 children per annum) in 2010 

Table A3.1 — Draft civil and administrative justice coverage table 

101

101
102

102
103
103

104
108

4

Table A3.2 — Minimum age at which a child plaintiff can bring a case to court in their own right 

(including MACR for reference) 

Table A3.3 —   Existence of monitoring mechanisms at national level to systematically  

review domestic legislation, policies and practice related to judicial proceedings  
to ensure their compatibility with international standards of child-friendly  
justice (CivAdm044) 

Table A3.4 —  Existence of a legal obligation on the part of the court to obtain a comprehensive 

understanding of children involved in judicial proceedings and assess his or her 
legal, psychological, social, emotional, physical and cognitive situation using a 
multidisciplinary approach (CivAdm099)  

116

119

121

Table A3.5 — Existence of legal obligation to provide multidisciplinary training (as part of capacity 
building programme) to all professionals who work for and with children on the rights 
and needs of children of different age groups as well as on proceedings that are 
adapted to them (CivAdm94a) 

Table A3.6 — Multidisciplinary training is available but not mandatory (CivAdm094b) 
Table A3.7 — Existence of procedures to ensure that the records of children are kept strictly 

confidential and closed to third parties (CivAdm086a) 

Table A4.1 — Existence of statutory provision on the right of children involved in civil and 
administrative proceedings to receive information on rights and procedures  
involved (CivAdm068a) 

Table A4.2 — Existence of statutory provision on the right of children involved in judicial  

proceedings to privacy (CivAdm080a) 

Table A4.3 — Existence of legislative measures to prevent violations of the privacy rights of  

children by the media at all stages of the proceedings (CivAdm089)  

Table A4.4 — Existence of statutory provision on the child’s right to be heard, disaggregated  

by type of proceeding (CivAdm127) 

Table A4.5 — Existence of statutory provision on the right of children to interpretation and  

translation services in order to support the right to be heard (CivAdm133) 

Table A4.6 — Existence of a legal obligation for judicial authorities to avoid undue delay in their 
handling of cases involving children (urgency principle) (CivAdm105) 

Table A4.7 — Existence of a statutory provision to ensure that evidence provided through  

audio-visual recordings is admissible (CivAdm112) 

Table A4.8 — Existence of statutory provision on the right of a child to receive assistance when 

attending proceedings, including from an interpreter, social worker, lawyer or friend 
(CivAdm141) 

Table A4.9 — Existence of statutory provision for court to impose protective measures during  

court proceedings (CivAdm125a) 

Table A4.10 — Existence of a statutory provision on the right of children to legal counsel and 

representation, in their own name, in proceedings where there are potential  
conflicts of interest between child and parents (CivAdm148a) 
Table A4.11 — Existence of a statutory provision on the right of children involved in judicial 

proceedings to free legal aid (CivAdm151) 

Table A4.12 — Existence of a statutory provision on the appointment by the court of a  

guardian ad litem or special legal representative to represent child where there  
are potential conflicts of interest between child and parents (CivAdm154) 

Table A4.13 — Existence of a statutory provision on the right of a child to have recourse to  

Alternative Dispute Resolution (ADR) (CivAdm157) 

Table A4.14 — Existence of statutory provision on the right of the child to appeal an  

administrative decision to restrict their liberty (CivAdm168) 

Table A4.15 — Existence of statutory provision allowing a child care authority to appeal against 

certain court decisions involving children (CivAdm177) 

Table A4.16 — Legal obligation to communicate a decision or judgement to a child involved  

in judicial proceedings (CivAdm188a) 

Table A4.17 — Existence of statutory provision for judicial authorities to make decisions which 

concern children directly or immediately enforceable (CivAdm192) 

123
124

125

127

129

131

133

135

137

139

141

143

145

147

149

151

152

153

155

157

5

1  Introduction

1.1  Context and objectives

The promotion and protection of the rights of the child is one of the objectives of the EU on which the 
Treaty of Lisbon has put further emphasis. This report is part of a study ‘to collect data on children’s 
involvement in judicial proceedings in the EU’ which supports the implementation of the Commission 
Communication of 15 February 2011 ‘An EU Agenda for the Rights of the Child’, that identified the 
lack of reliable, comparable and official data on the situation of children in the Member States (MS). 
This deficiency is a serious obstacle to the development and implementation of evidence-based poli-
cies and is particularly evident in the context of child friendly justice and the protection of children in 
vulnerable situations. Making the justice system more child friendly in Europe is a key action of the 
EU Agenda. It is an area of high practical relevance where the EU has, under the Treaties, compe-
tences to turn the rights of the child into reality by means of EU legislation. Improved data is crucial 
to the framing of such legislation1. 

This  report  describes  the  main  findings  of  the  contextual  overviews2  and  information  assembled 
on children’s involvement in civil  and  administrative judicial proceedings covering the areas of: 
family, employment, asylum, migration, education, health, placement in care, admin-
istrative  sanctions,  and  offences  committed  by  children  below  the  minimum  age  of 
criminal  responsibility  (MACR),  in  the  roles  of:  plaintiffs,  defendants,  witnesses  and 
subjects.3 

The  findings  on  children’s  involvement  in  civil  and  administrative  judicial  proceedings  have  been 
brought together in this report for two reasons. Firstly, the scope of the safeguards and rights that 
have been considered are broadly similar in the civil and administrative areas. Secondly, the classi-
fication of areas of law into the civil and administrative areas varies between MS and two separate 
reports would markedly reduce the possibility of making valid substantive comparisons between MS. 

1.2  Methodology

The 584 contextual overviews describe the legislation, rules, measures and policies in place as of 1 
June 2012, which determine the treatment of children in civil and administrative judicial proceed-
ings in each MS and jurisdiction. When relevant legislation or policy entered into force after 1 June 
2012, this is briefly mentioned in the text or in the footnotes of the contextual overviews.

The templates for the contextual overviews were prepared taking account of the Council of Europe 
Guidelines on child-friendly justice  5. Each contextual overview has applied the same template and 
involved  desk  research  coupled  with  a  small  number  of  consultations  in  each  MS.  The  MS  govern-
ments have had the opportunity to comment on the findings of the contextual overviews.

1  The criminal justice report has been drawn up separately and is available at http://bookshop.europa.eu/chil-
dren-in-criminal-judicial-proceedings. The criminal justice report gives a helicopter view of the main findings 
of the individual Member State reports, covering themes such as the age of criminal responsibility, specialist 
juvenile justice institutions, training, legal counsel, representation and legal aid, the right to be heard in crim-
inal proceedings, protection of the right to privacy for children, alternatives to judicial proceedings, guidance 
and support for child victims and offenders after criminal judicial proceedings. The 29 contextual overviews 
complement the statistics and data available at www.childreninjudicialproceedings.eu by describing, for each 
Member State, the legislation and policies in place as of 1 June 2012 which determine the treatment of the 
child in criminal judicial proceedings.

2  Two contextual overviews were produced for each MS and jurisdiction (the UK has separate jurisdictions for 
UK-England and Wales and UK-Northern Ireland, and UK-Scotland): one contextual overview for civil judicial 
proceedings and one for administrative judicial proceedings.

3  The  civil  and  administrative  justice  contextual  overviews  also  assembled  information  on  children  in  other 
roles besides plaintiffs, defendants, witnesses and subjects. The nature of these other roles (e.g. the child as 
intervener, the child as interested party, etc.) vary across MS. This variety makes it difficult to compare the 
statutory and policy measures that apply to children in ‘other roles’ in different MS so the decision was taken 
not to include systematic analysis of this ‘category’ in the summary report.

4  There are two separate reports for the UK for each of the two areas of justice: one report covering England, 

Wales and Northern Ireland, and the second covering Scotland.

5  Council of Europe Guidelines of 17 November 2010 on child-friendly justice are available in all EU languages: 
http://www.coe.int/t/dghl/standardsetting/childjustice/publicationsavailable_en.asp  All  MS  are  committed  to 
implementing these guidelines.

6

The contextual overviews also identify strengths and potential gaps and complement the statistics 
and data which have been gathered for each MS, and which can be viewed on the study’s on-line 
database. 

Some  of  the  findings  of  the  contextual  overviews  have  also  been  used  to  provide  scores  for  the 
‘Masterlist’ of indicators for children’s involvement in civil and administrative judicial proceedings that 
is also accessible via the on-line database6. 

A wide range of issues are covered by civil and administrative judicial proceedings. The study focused 
on the procedural rules governing those areas of civil and administrative justice that are most likely 
to be relevant to children.

Different  areas  of  law  are  governed  by  civil  or  administrative  judicial  procedures  in  different  MS. 
In  several  areas  of  law  (such  as  family,  health,  placement  in  care)  the  same  area  of  law  may  be 
governed  by  both  civil  and  administrative  procedural  rules,  depending  on  the  circumstances  of  the 
case and in particular whether the state is one of the parties. This complexity is tackled in this report 
by summarising the variations in a short narrative and in Table A3.1 (see Annex 3) and, in the body 
of  the  report,  focusing  on  areas  of  law  and  the  rules  that  apply  irrespective  of  whether  they  are 
categorised as civil or administrative rules.

Indicators

The  study identified and collated available data from official sources pertinent to the Masterlist 
of  indicators  for  the  years  2008-2011.  Out  of  the  196  indicators  which  were  drawn  up  for 
civil and administrative judicial proceedings, 42  indicators were contextual indicators, where 
comparative  data  could  potentially  be  identified,  and 154  were  indicators  around safeguards. 
Of the 42 contextual indicators, there are four well populated indicators (where there is data for 
20 or more MS), four indicators where there is data for between 10 and 19 MS, 17 indicators for 
which there is no data, three indicators with only approximate data in some Member States, and 
14 indicators where data is available for fewer than 10 MS.

Researching the availability of data to inform 196 indicators has helped to identify areas where little 
or no data are available and where improvements can be made. As international and EU standards 
are  in  place,  it  is  useful  to  consider  the  role  of  data  collection  and  analysis  in  the  monitoring  and 
evaluation of compliance with international standards and, more generally, monitoring and reporting 
on the respect of the rights of the child. Improved data collection can assist in the development of 
legislation, policy and practice. 

In parallel and in close cooperation with this study, the Fundamental Rights Agency of the European 
Union (FRA) conducted primary research among 500 judicial and other practitioners, via interviews 
and  focus  groups,  of  the  impact  of  legislation  and  policy  on  children  involved  in  criminal  and  civil 
judicial proceedings in 10 MS (BG, EE, FI, FR, DE, HR, PL, RO, ES, and UK)7. The research aims to iden-
tify  what  is  or  is  not  implemented  and  how;  assess  impact;  and  identify  good  practice,  difficulties 
and  gaps  in  the  use  of  the  Council  of  Europe  Guidelines  and  child-friendly  procedures.  The  results 
will help to populate some of the outcome indicators developed in this study. Throughout 2013 and 
2014, the FRA interviewed children about their experiences with the justice system in the same 10 
MS. 

The  Commission  was  assisted  by  a  steering  group  for  this  study  including  representatives  from 
UNICEF (TransMONEE), the Council of Europe, the UN Office on Drugs and Crime (UNODC), the Inter-
national Juvenile Justice Observatory, FRA, an academic expert (Professor Ursula Kilkelly), two inde-
pendent experts on rights of the child (Peter Newell and Ankie Vandekerckhove) and representatives 
from the following national administrations: FR, EL, PL and SK. The steering group’s mandate was: 
to ensure that relevant knowledge and expertise within  the remit of  the steering  group  was made 
available  to  the  Contractor  in  good  time;  to  advise  the  Commission  as  contracting  party  in  taking 

6  The acronyms e.g. CivAdm043 mentioned in the headings to the tables and sub sections of the report refer to 
the number of the indicators within the Masterlist. The Masterlist is accessible via the on-line database.

7  http://fra.europa.eu/en/project/2012/children-and-justice

7

informed key decisions; and, to steer the work in order to ensure that the contractual requirements 
could be fulfilled. The steering group met twice during the civil and administrative phase of the study.

1.3  Report content and structure

The  report  identifies  key  features  and  variations  in  the  legal  and  institutional  context  of  the  MS 
affecting children’s involvement in civil and administrative judicial proceedings. It includes in the main 
text and annexes a series of tables which provide background quantitative information and an over-
view  of  statutory  and  policy  measures  pertinent  to  the  protection  of  children’s  rights  in  civil  and 
administrative judicial proceedings. The report highlights examples of legislation, policy and institu-
tional practices which illustrate the functioning of key safeguards designed to guarantee children’s 
effective access to and adequate treatment in civil and administrative justice and includes summary 
observations for each section.

The  report  also  identifies  gaps  in  the  coverage  of  these  safeguards  that  affect  children  as  plain-
tiffs, defendants, witnesses and subjects. 

The report is structured into five sections. Section 2 provides an overview of the numbers of children 
involved  in  civil  and  administrative  judicial  proceedings,  in  order  to  provide  context  for  subsequent 
comparative analysis of the legal and policy frameworks in EU MS. 

Section 3 describes key aspects of MS’ general approach to dealing with children in civil and admin-
istrative  judicial  proceedings,  including  the  type  of  institutions  dealing  with  children  during  these 
proceedings. 

Section 4 examines different areas of protection and the extent to which safeguards are in place to 
ensure that children experience effective access to and adequate treatment in civil and administra-
tive judicial proceedings. 

Where  applicable,  the  general  approach  to  dealing  with  children  in  civil  and  administrative  judicial 
proceedings, and the safeguards that apply in different areas of protection are considered by area of 
law), by role of the child; and the relevant stage of judicial proceedings (before, during, enforcement 
proceedings).

Section 5 provides a horizontal analysis of the key safeguards in place by role of the child (plaintiffs, 
witnesses, subjects) and by area of law (family, employment, asylum, migration, educa-
tion,  health,  placement  in  care,  administrative  sanctions,  and  offences  committed/
offending behaviour by children below the age of criminal responsibility), identifying the 
safeguards that are frequently provided across the EU and the safeguards that are less common.

As this is an EU level synthesis report simplification is to an extent unavoidable in order to present 
the situation across Europe. Details about the provisions in individual MS can be found in the national 
contextual overviews.

8

2  The numbers of children affected

2.1  Introduction

This Section presents evidence on the numbers of children that are involved in various roles in civil 
and administrative judicial proceedings.

Every effort was made to gather available data. However, there are gaps in the information from 
Member  States  (MS)  and  it  is  therefore  not  possible  to  assess  the  precise  scale  of  children’s 
involvement in civil and administrative judicial proceedings. The findings from available data are 
summarised below.

Data on children involved in civil and administrative judicial proceedings has been assembled from 
31 international datasets8 and 555 national datasets. The numbers of datasets from each MS are 
shown in Table  A2.1. These datasets are accessible via the online  database. However, there are 
both  gaps  and  differences  in  what  is  measured  that  make  direct  comparisons  and  the  drawing  of 
generalisations of the scale of issues at the EU level problematic. Nevertheless, the information has 
been organised into comparative tables that are included in Annex 2.

The discussion of the data below focusses on data which is comparable across MS. For some of the 
topics,  MS  collect  data  which  approximately  matches  the  topic.  The  MS  which  collect  approximate 
data for each topic are listed in Table A2.14. 

2.2  Children affected by parental divorce

There were 495,000 children affected by parental divorce in the 11 MS where comparable data was 
collected  in  2010,  a  rate  of  817  children  affected  per  100,000  children.  In  the  10  MS  where  data 
was  available  for  20089  there  were  509,000  children  affected  by  parental  divorce  (874  children 
per 100,000 in the population). These data are presented in Table A2.2. This means that between 
2008 and 2010 there has been a decrease in the number of children affected by parental divorce of 
3%. Approximate data for children affected by parental divorce is collected in a further 12 MS.

2.3  The international abduction of children

In 2010 there were 2,600 court cases involving the international abduction of children in the 25 MS 
where comparable data was available, which is a rate of 2.85 per 100,000 children. There has been 
little change in the number of cases since 2008, when there were 2,400 cases in 24 MS10 (a rate of 
2.64 per 100,000 children). These data are presented in Table A2.4. There are no approximate data 
collected elsewhere. 

2.4  Children affected by national and inter-country adoption 

processes

There were 10,000 children who were subject to national adoption processes in 13 MS in 2010, at a 
rate of 28.7 children affected per 100,000 children (see Table A2.5). There was an increase of 9% 
in the number of children adopted between 2008 and 2010, with 9,200 children affected (at a rate 
of 26.2 children per 100,000) in these MS in 2008. Approximate data was available in an additional 
12 MS. 

Further  to  this,  there  were  13,400  inter-country  adoptions  in  16  MS  in  2010  (23.8  children  per 
100,000).  There  has  been  a  slight  decrease  of  3%  in  the  number  of  court  cases  for  inter-country 
adoptions  in  the  15  MS  where  data  is  available  between  2008  and  2010.11  In  2008,  there  were 

8  These international datasets are from Eurostat (10 datasets) and TransmonEE (21 datasets)
9  No data is available for 2008 in Croatia.
10  No data is available for 2008 in Ireland.
11  No data is available for 2008 in Croatia.

9

13,700 inter-country adoptions (at a rate of 24.7 children per 100,000). These data are presented in 
Table A2.6. Approximate data was available in six MS.

2.5  Children affected by asylum application decisions

In  2010  there  were  52,900  decisions  made  on  asylum  applications  for  children  (aged  0–17)  in  27 
MS,  which  represents  a  rate  of  55.7  children  affected  per  100,000  children  in  the  population.  The 
majority of these children were aged 0-14 (73%). There has been a large increase (40%) since 2008 
in the number of first instance decisions on asylum applications in the 24 MS were data is available. 
These data are presented in Table A2.7. 

There  were  10,800  unaccompanied  children  that  applied  for  asylum  in  the  EU  in  2010  (data  are 
available  for  27  MS),  which  is  a  rate  of  11.4  applications  per  100,000  children  in  the  population. 
There  has  been  a  decrease  of  7%  in  the  number  of  unaccompanied  children  applying  for  asylum 
since 2008, when 11,700 applications were made (at a rate of 12.2 applications per 100,000 chil-
dren  in  the  population).  These  data  are  presented  in  Table  A2.8.  There  are  no  approximate  data 
collected elsewhere. 

2.6  Court cases concerning child maintenance

In  2010,  there  were  358,500  court  cases  for  child  maintenance  in  10  MS  (a  rate  of  1,220  per 
100,000  children).  In  2008,  data  was  available  for  nine  of  these  MS12,  and  since  2008  there  has 
been an increase in the number of court cases concerning child maintenance of 3%. These data are 
presented in Table A2.9. Approximate data is collected in a further nine Member States.

2.7  Administrative sanctions received by children

There  were  24,300  children  who  received  an  administrative  sanction  for  anti-social  behaviour  in 
2010 in the seven MS where comparable data is available (206 children per 100,000 receiving such 
a  sanction).  There  has  been  a  decrease  of  9%  in  the  number  of  children  who  received  a  sanction 
for anti-social behaviour since 2008, when 26,500 children received sanctions (at a rate of 218 per 
100,000  children).  These  data  are  presented  in  Table  A2.10.  Approximate  data  was  collected  by 
three additional MS.

Comparable data was also collected in six MS for the number of children who received sanctions for 
road traffic offences, and in 2010 10,100 received such a sanction (at a rate of 46.9 per 100,000 
children). Since 2008, there has been a decrease of 12% in the number of children receiving sanc-
tions  for  road  traffic  offences.  These  data  are  presented  in  Table  A2.11.  Approximate  data  was 
collected by one further MS.

2.8  Court cases regarding children in care placements

In  2010,  there  were  14,329  court  cases  concerning  institutional  care  placement  in  the  six  MS  that 
provided  comparable  data13,  with  107  per  100,000  children  affected.  Data  was  available  for  all 
these  MS  in  2008,  when  there  were  14,759  court  cases  (at  a  rate  of  107  per  100,000  children 
affected),  meaning  that  between  2008  and  2010  there  was  a  decrease  in  court  cases  concerning 
institutional care of 3%. These data are presented in Table A2.12. Approximate data was collected 
by a further 19 MS.

Comparable data regarding the number of court cases concerning foster family placements is avail-
able in eight Member States for 2010, and there were 15,600 court cases in 2010 (a rate of 51.5 
children affected per 100,000). Data for seven of these MS was available in 2008.14 In these MS, 
there has been a decrease of 3% in the number of court cases concerning foster family placements. 
These data are presented in Table A2.13. Approximate data was collected by a further 13 MS.

12  No information is available for 2008 in Germany.
13  Data was available for seven Member States. However, the data that is available for France does not seem to 

be accurate, and has therefore been excluded from the analysis.

14  No data is available for 2008 in Portugal.

10

A summary of the comparable data discussed above is presented in Table 2.1 below.15

Table 2.1  Summary  of  number  of  children  involved  in  civil  and  administrative 

process

Civil or 
admin-
istrative 
process

MS where  
comparable data 
was available

Number 
of 
children 
affected 
2008

Number 
of 
children 
affected 
2010

Change 
in the 
number 
of 
children

Rate of 
children 
affected 
2008 (per 
100,000 
of child 
population)
874
(excl. EL)

26.2

28.7

Rate of 
children 
affected 
2010 (per 
100,000 
of child 
population)
852
(excl. HR)
817
(incl.HR)

2.73 
(excl. HR)
2.85
(incl. HR)

24.0 
(excl. HR)
23.8
(incl. HR)

56.1
(excl. DK, CY, 
HU)
55.7
(incl. DK, CY, 
HU)

-50,190
(-3%)

+63
(3%)

2.64

+804
(+9%)

-406
(-3%)

24.7

+14,615
(+40%)

39.9

Parental 
divorce

BE, CZ, DE, EE, EL (only 
2008), FR, HR (only 2010), 
HU, IT, LV, AT, UK (E&W)

508,871
(excl. EL)

11 MS

International 
abduction of 
children

BE, BG, CZ, DK, DE, EE, IE, 
ES, FR, HR (2010 only), IT, 
CY, LV, LT, LU, HU, NL, AT, 
PL, RO, SI, SK, FI, SE, UK

2,392

492,297
(excl. HR)
495,194
(incl. HR)

2,455
(excl. HR)
2,595
(incl. HR)

25 MS

National 
adoption 
process

BE, BG, CZ, EE, IE, ES, HR, 
HU, NL, AT, PL, RO, SK

13 MS

International 
adoption 
process

BE, BG, CZ, EE, ES, FR, HR 
(2010 only), IT, LV, LT, HU, 
NL, PL, SI, SK, SE

Decisions 
on asylum 
application

Applications 
for asylum 
by unac-
companied 
children

16 MS

BE, BG, CZ, DK (only 2010), 
DE, EE, IE, EL, ES, FR, IT, CY 
(only 2010), LV, LT, LU, HU 
(only 2010), MT, NL, AT, PL, 
PT, RO, SI, FI, SK, SE, UK

27 MS

BE, BG, CZ, DK, DE, EE, IE, 
EL, ES, FR, IT, CY, LV, LT, LU, 
HU, MT, NL, AT, PL, PT, RO, 
SI, FI, SK, SE, UK

27 MS

9,201

10,005

13,651

36,875

13,245
(excl. HR)
13,373
(incl. HR)

51,490 
(excl. DK, 
CY, HU)
52,935
(incl. DK, 
CY, HU)

11,710

10,840

-870
(-7%)

12.2

11.4

Child 
maintenance

BG, CZ, DE (only 2010), HR, 
HU, MT, AT, PL, SI, SK

263,139

10 MS

+6,944
(+3%)

1,600

270,083
(excl. DE)
358,523
(incl. DE)

BG, HR, LV, LT, PL, SI, SK

26,462

24,161

7 MS

-2,301
(-9%)

218

1,690
(excl. DE)
1,220
(incl. DE)

206

BE, DE, HR, LT, RO, SI

11,437

10,073

6 MS

BG, CZ, FR15, MT, PL, PT, SK

14,759

14,329

7 MS

Foster care 
placements

BE, BG, CZ, FR, LV, PL, PT 
(only 2010), SK

15,587

7 MS

15,153
(excl. PT)
15,596
(incl. PT)

-1,364
(-12%)

-430
(-3%)

-434
(-3%)

51.7

46.9

107

107

54.5

53.4
(excl. PT)
51.5
(incl. PT)

Sanc-
tions for 
anti-social 
behaviour

Sanctions 
for road 
traffic 
offences

Institu-
tional care 
placements 

15  Although data is available for France, it does not seem to be accurate, and has therefore been excluded from 

the analysis.

 
11

3  General elements of child-friendly justice in 
civil and administrative judicial proceedings 

3.1  Introduction

This  section  discusses  the  main  similarities  and  differences  in  the  approach  of  MS  to  the  general 
elements  of  child-friendly  justice  in  civil  and  administrative  judicial  proceedings.  The  following 
general elements are considered: 

■  The type of courts dealing with children and the procedural rules applying in these proceedings 

(Section 3.2); 

■  Provisions  in  place  to  ensure  access  to  justice  for  children  involved  in  civil  and  administrative 

proceedings, including limits to the age of procedural capacity (3.3.); 

■  Measures in place to advance a child’s best interests in judicial proceedings (3.4); 

■  Whether  monitoring  mechanisms  exist  to  review  domestic  legislation,  policies  and  practice 

related to these proceedings (3.5); 

■  The extent to which MS apply multidisciplinary measures in their approach to children in these 

proceedings (3.6); and 

■  Training requirements that exist for professionals working for or with children in these proceedings (3.7).

3.2  Key variations in institutional frameworks

This sub-section describes: the type of courts and applicable procedural rules (civil, administrative, 
criminal and other) when dealing with children in different areas of law; the extent to which MS have 
developed  rules  that  are  specific  to  children  or  whether  the  same  rules  are  in  place  as  for  adults 
(and  where  child-specific  rules  are  in  place,  which  areas  of  law  these  tend  to  occur  in);  and  those 
MS where non-judicial (administrative) bodies can take ‘judicial decisions’ in particular decisions on 
the placement of children in care, if these are taken with the acquiescence of the child’s parents or 
guardian.

3.2.1 
children

Type of courts and applicable procedural rules when dealing with 

Whether  judicial  matters  in  different  areas  of  law  are  dealt  with  in  civil  or  administrative  judicial 
proceedings (or indeed criminal judicial proceedings) varies between MS. So too do the type of proce-
dural rules that apply. A summary of the type of courts and procedural rules that apply in each area 
of law is provided in Annex 3 (see also Table A3.1). Here it is noted that:

■  In  the  majority  of  jurisdictions,  ordinary  civil  courts  are  competent  to  deal  with  children 
involved in family (17 jurisdictions) and employment cases (16 jurisdictions). In the other juris-
dictions, more than one type of court, specialist courts, or specialist divisions within the ordinary 
courts, are used instead. 

■  In  the  majority  of  jurisdictions,  administrative  courts  are  used  to  review  the  decisions  of 
administrative authorities in asylum cases (20 jurisdictions), migration cases (22 jurisdictions), 
education  cases  (23  jurisdictions)  and  cases  concerning  administrative  sanctions  (15 
jurisdictions). In the other jurisdictions, more than one type of court, civil courts, juvenile courts, 
specialist courts, or specialist divisions within ordinary courts, are used instead.

■  Variations  in  the  type  of  courts  dealing  with  children  are  especially  significant  in  three  areas  of 
law: health, placement into care and offences committed/offending behaviour below 
MACR. In these areas, no particular type of court is more prevalent than others. The type of courts 
that are used include civil, administrative, criminal, juvenile, specialist courts and combinations of 
these, depending on the matter in question. In certain MS, e.g. MT and SI, children below MACR who 
have committed offences are not dealt with in court, but by social services. 

12

3.2.2 
and administrative judicial proceedings

The existence of child-specific procedural rules that apply to civil 

Except for certain specific provisions referred to in this report, the rules that govern civil and adminis-
trative judicial proceedings in the MS apply to children and adults alike. 

The extent and scope of the child-specific provisions that exist vary among jurisdictions. They include 
provisions  relating  to  the  right  to  be  heard  (e.g.  in  FI  and  PL),  procedural  capacity  (e.g.  in  DE,  EL); 
the right to legal representation in the child’s own name (e.g. in CZ, DE, FI, HU, LU, LT, RO, UK-E&W , 
UK-NI); and provisions on guardianship (e.g. in DE, FI, PT, UK-E&W and UK-NI).16

Child-specific procedural rules appear to apply most often in family and placement in care proceed-
ings. For example, in several jurisdictions:

■  Children  aged  15  and  above  in  marital  and  family  disputes  are  allowed  to  carry  out  litigation 

acts independently without their legal representative/s (e.g. SI); 

■  Specific  rules  exist  on  the  representation  of  children  in  family  cases,  including  as  regards  the 

appointment of a Children’s Guardian (e.g. UK-E&W); 

■  Specific provisions on the hearing of children and their right to inspection of files exist in certain 

family and placement in care cases (e.g. NL, UK-S); 

■  In  cases  of  parental  separation,  children  can  request  the  postponement  of  the  adoption  of 
certain measures regulating relations between the parents, or between the parents and the chil-
dren, in order to give the parents the possibility to apply to family mediation (e.g. IT). 

In  addition  to  specific  provisions,  several  MS  have  adopted  general  principles  usually  contained  in 
separate acts or policies to guide the courts in conducting child-friendly proceedings, for example by 
taking into account the best interests of the child (see Section 3.4. on “Measures for advancing the 
principle of the ‘child’s best interest). 

3.2.3 
place children into care

The involvement of judicial and non-judicial bodies in decisions to 

In at least 22 jurisdictions a court can order a child’s placement into care. These are AT, BE, 
BG, CY, CZ, DE, EE, FI, FR, IE, NL, HU, LU, SE, SK, RO, PL, PT, UK-E&W, UK-NI, and UK-S. In CY, this is 
by convention only. Under the constitution, the power to place children into care lies with the social 
welfare service. 

In at least six jurisdictions, there is no need for a court order if the child or parent/guardian consents 
to placement into care. These are BE, FI, IE, RO, PT and UK-S. In PT, where a child’s parents consent 
to  the  child  being  placed  into  care,  the  decision  is  made  by  the  Commission  for  the  Protection  of 
Children and Juveniles and there is a right of appeal before the family and children court by the chil-
dren, if older than 12 years, or by their legal representatives, parents, legal guardians or by the Public 
Prosecutor.

In  BG  and  SE  a  child  may  be  placed  into  care  without  a  court  order  in  an  emergency.  In  BG,  in  an 
emergency, a child can be placed into care temporarily by an administrative decision which can be 
made permanent only by court order. In SE, in an emergency, social services may place a child into 
compulsory care with immediate effect. This decision must be submitted for approval to the admin-
istrative court within seven days and, if approval is given, an application for a compulsory care order 
must be made within four weeks of that decision.

In six jurisdictions (DK, ES, LT, LV,17 MT, and SI) a child may be placed into care by an administrative 
authority but the parties have a right either to appeal the decision or apply for judicial review of the 
decision. In ES, a decision to place a child into care can also be made by a court on its own motion. 

16  For  details  regarding  the  child-specific  procedural  rules,  see  the  respective  sections  of  the  EU  summary 

report.

17  In LV, the competent authority is the ‘Orphans’ Court’. Although called ‘courts’, orphans’ courts only perform 
judicial  functions  occasionally.  Decisions  taken  by  the  orphans’  courts  are  usually  administrative  decisions 
and may be appealed.

13

In three MS (IT, HR, EL) a decision to place a child into care is taken by an administrative body, but 
the decision must be approved by a court. In IT, the approval of the court is not required if the deci-
sion to place the child into care is taken with the agreement of the child’s family. Similarly, in EL, the 
approval  of  the  court  is  needed,  only  where  the  decision  to  place  a  child  into  care  is  made  by  the 
public prosecutor but not where it is made with the agreement of the child’s parents/guardian with 
foster family/care institution and under supervision and guidance of the competent social authority. 

The following key variations can be observed as regards the institutions dealing with children in civil 
and administrative judicial proceedings. 

Key variations in institutional frameworks

■  The type  of  courts dealing with children in civil and administrative judicial proceedings in 

the different areas of law vary significantly across MS.

■  In  the  majority  of  jurisdictions,  ordinary  civil  courts  are  competent  to  deal  with  children 
involved in family and employment cases, whereas administrative courts are predominantly 
used to review the decisions of administrative authorities in asylum, migration, education and 
administrative sanctions cases. Variations in the type of courts dealing with children are espe-
cially  significant  in  three  areas  of  law:  health,  placement  into  care  and  offences  committed 
below MACR.

■  Except for certain specific provisions that are adapted to the needs of children, the rules that 
govern  civil  and  administrative  judicial  proceedings  in  the  MS  apply  to  children  and  adults 
alike.  Where  child-specific  provisions  exist,  e.g.  as  regards  the  right  to  be  heard,  proce-
dural capacity or legal representation, they apply most frequently in the areas of family and 
placement into care.

■  In  at  least  22  jurisdictions,  a  court  can  order  a  child’s  placement  into  care.  In  the 
other jurisdictions, the decision can be taken by an administrative authority with the consent 
of the parents, with the approval of a court, or pending review by a court. 

3.3  Procedural rules affecting children’s access to justice 

There  are  variations  in  key  procedural  rules  that  affect  children’s  access  to  civil  and  administrative 
judicial proceedings. These concern: 

■  The rules that MS apply regarding the procedural capacity of children to act (e.g. age limits and 

other conditions affecting whether a child can bring a case before a court); 

■  The measures in place across MS to facilitate children’s access to justice, including judicial discre-

tion to grant dispensation as to the minimum age of procedural capacity; 

■  The existence (or not) of a statute of limitations which permits children to pursue certain civil or 

administrative law claims for a period of time after the child has turned 18; and, 

■  The  provisions  in  place  to  ensure  that  legal  proceedings  are  started  in  child  protection  cases, 
including whether and when courts have the right to adopt precautionary and interim measures 
(e.g. removing the child from the care of his/her parents to prevent harm to the child). 

3.3.1  Age of procedural capacity 

Children  may  be  deemed  to  lack  full  procedural  capacity  to  act  in  civil  and  administrative  judicial 
proceedings.  If  so  they  cannot  take  procedural  actions  in  their  own  right  and,  in  order  to  appear 
before a court, need to be represented by their legal representatives or guardians (typically by their 
parents). 

The  precise  rules  regarding  the  procedural  capacity  of  children  to  act  in  civil  and  administrative 
judicial proceedings vary depending on the role of the child and the area of law concerned. In this 
sub section, the age of procedural capacity of child plaintiffs/defendants, subjects and witnesses is 

14

reviewed. In most MS the same age of procedural capacity applies to defendants and plaintiffs. In 
some MS, for example in EL and IT, there are no defendants in first instance administrative proceed-
ings. In NL, children can only be sued in civil proceedings with respect to certain disputes specified in 
legislation.

Child plaintiffs (CivAdm045)

In 15 jurisdictions (AT, BG, DE, EE, EL, FI, FR, HR, HU, IT, NL, PL, RO, SE, UK-S), children have the right 
to bring certain types of cases to court; in all of these MS, minimum ages apply (ranging from 12 to 
16 years). Children below these minimum ages must act through a legal representative. 

In 15 jurisdictions (BE, CY, CZ, DK, ES, IE, LT, LU, LV, MT, PT, SI, SK, UK-E&W, UK-NI), only adults enjoy 
full procedural capacity to bring a case before a court in all of the areas of law covered in this report 
(subject to judicial discretion as to the minimum age of procedural capacity – see sub section below). 

In eight of the 15 jurisdictions where only adults enjoy full procedural capacity to act (BE, DK, ES, LU, 
LV, PT, SI and SK), exceptions apply for those 16 years and older that have been ‘emancipated’ either 
through  marriage  or  through  judicial  or  parental  authorisation.  In  the  other  six  jurisdictions  (CY,  CZ, 
IE, MT, UK-E&W, UK-NI) children who wish to bring a case to court must always act through a legal 
representative

Table  A3.2  maps  the  minimum  age  of  procedural  capacity  for  child  plaintiffs  in  each  MS.  The 
following trends can be observed:

■  In certain jurisdictions (e.g. AT, DE, HU, IT, NL, UK-S), children have the right to bring cases before 
a  court  in  certain  areas  of  law  but  not  others.  In  DE,  for  example,  the  minimum  age  of 
procedural capacity is 14 in family and placement in care cases, 15 in employment cases, and 
16 in migration and asylum cases. However, in cases concerning education, health, administra-
tive  sanctions  and  offences  below  the  minimum  age  of  criminal  responsibility,  children  do  not 
have procedural capacity to act. In other MS (e.g. AT, EL, PL and SE), children have the right to 
bring cases before a court that concern specific matters. For example, in EL, while children 
do not normally enjoy procedural capacity to act in family cases, if these concern termination of 
adoption or non-contentious proceedings, they do. The minimum age of procedural capacity in 
these cases is 12 and 16 years, respectively.

■  In still other MS (e.g. BG and RO), children have the right to bring cases before a court in all areas 
of law as long as their parents  or  guardians  have  given  their  consent (in these cases, 
the minimum age of procedural capacity is 14).

■  In  at  least  one  MS  (FI),  children  aged  15  years  and  above  and  the  legal  representative  have 
independent but parallel rights to bring cases before a court; that is, both the child and the 
parent or guardian enjoy procedural capacity to act (on behalf of the child). In FI, this applies to 
cases concerning asylum, migration, placement into care, administrative sanctions and offences 
below the age of criminal responsibility.

Child subjects (CivAdm053)

In five MS, there are statutory provisions establishing the minimum age at which child subjects can 
be heard: in BG it is 10 in all areas of law except employment; in MT it is 14 in certain family cases; 
in RO, it is 10 in family cases; and in ES it is 12 in divorce and adoption cases. 

In the majority of MS, there is no statutory minimum age at which a child can participate in judicial 
proceedings when they are the subject. In AT, for example, the child concerned must always be heard 
in  adoption  proceedings,  regardless  of  his  or  her  age.  In  NL,  children  aged  12  must  be  heard  but 
children under this age can request to be heard (see also Section 4.7 on the right of children to be 
heard). 

In CY, case-law foresees that the court must take the child’s wishes into account at the age of 14 for 
boys and 16 for girls. 

In BE and LU, the minimum age at which a subject can participate in the proceedings in his or her 
own right is 18 – in other words, child subjects must always be represented by their parents or guard-
ians (although the judge can waive this provision in particular cases). 

15

Child witnesses (CivAdm050)

Statutory conditions for children to participate as witnesses apply in nine MS (CY, FI, FR, EL, IT, LU, NL, 
PL,  ES).  In  the  other  21  jurisdictions,  there  are  no  specific  legislative  provisions  for  child  witnesses; 
in  these  cases,  general  rules  tend  to  apply  e.g.  general  rules  that  set  conditions  applying  to  adult 
witnesses or general rules regarding the conditions for children to be heard. 

Where specific statutory conditions for children to participate as a witness apply, the conditions vary 
between MS:

■  Some MS consider whether a child is sufficiently mature or has sufficient comprehension 
to testify (e.g. CY, LU and IT). In CY, as described above under child subjects, the assessment 
whether  a  child  witness  is  considered  adequately  mature  also  depends  on  the  child’s  gender. 
This  condition  applies  in  family,  employment  and  placement  into  care.  Similarly  in  LU  there  is 
no age restriction for a child to participate as a witness as long as he/she has the capacity of 
discernment. This applies to all areas of law except offences committed/offending behaviour by 
children under MACR. In IT, the child must be sufficiently mature and fit to testify.

■  In  other  MS,  there  is  a  minimum  age  at  which  a  child  can  participate  as  a  witness  (e.g.  ES 
and PL). In ES the minimum age is 14 years old. This applies in all areas of law except offences 
committed by children under MACR. In PL, in family cases, children below the age of 13 cannot 
be witnesses. In all other areas of law, anyone who is not able to perceive or communicate his/
her understanding of the case cannot be a witness. This may include children. 

■  Some MS focus on whether the child is likely to suffer harm if called to be a witness (e.g. 
FI, IT, PL). For example, in FI, children under 15 years old can be heard as witnesses if the court 
deems this appropriate and if the hearing of the child personally is of central significance to the 
clarification of the matter and would not cause the child suffering or other harm that could injure 
his or her development. IT considers whether the child witness will be adequately protected; and 
in  PL,  some  family  members  of  parties  to  the  proceedings  may  not  be  subject  to  the  general 
obligation to be a witness.

■  Other MS consider whether the child wishes to give evidence. In NL, in family matters, the 
child can refuse to testify at any stage of the proceedings. In FR, in family and placement into 
care matters, one of the circumstances in which a child may be a witness is where he/she will-
ingly wishes to explain what he/she witnessed. 

■  In  EL,  in  practice,  a  child’s  parents  are  likely  to  be  asked  by  the  court  if  they  are  aware  that 
the child has been asked to testify although this is not a statutory requirement. This applies in 
health, employment and placement into care. In other areas of law, children have the same obli-
gations as adult witnesses.

3.3.2  Measures in place to facilitate a child’s right to file a claim

A number of MS have adopted measures to facilitate a child’s right to file a claim, including in cases 
where the claim must be filed on behalf of the child. This sub-section looks at two such measures: 
discretionary powers on the part of the judge to grant dispensation as to the minimum age of proce-
dural capacity, thereby allowing children to file claims in their own right; and the existence of statu-
tory conditions attached to representation of the child by a legal representative or guardian, thereby 
ensuring that the child retains some influence over the proceedings even if he or she must rely on a 
legal representative to bring the claim to court.

Judicial discretion to grant dispensation as to the minimum age (CivAdm046)

In nine jurisdictions (BE, CZ, EE, EL, MT, NL, RO, SI, UK-S), the judge or court has discretionary powers 
to grant dispensation as to the minimum age at which a child can bring a case to court in their own 
right. As indicated in Table 3.1 just below, in three of the MS concerned (BE, CZ and EE) judges have 
these discretionary powers as regards all areas of law. In the other six MS, the discretionary powers 
only cover certain areas of law. 

16

Table 3.1 

Existence of discretionary powers on the part of a judge or court to grant 
dispensation  as 
the  minimum  age  of  procedural  capacity  
(nine jurisdictions)

to 

MS

BE

CZ

EE

EL

Areas of law

All areas of law

Circumstances when discretion can be applied

In case of conflicts of interest with the parents or when the action 

is considered absolutely necessary

All areas of law

In all cases – in the context of assessing the child’s evolving 

capacity

All areas of law

In the context of a request by a child aged 16+ for emancipation 

or in cases where the child is in need of protection 

All areas except employment and 

In the context of an injunction in order to prevent imminent danger

placement into care

MT

All areas except placement into 

In cases where the legal representative is unable or unwilling, due 

care, administrative sanctions and 

to absence or other reasons, to appear for the child

offences below the age of criminal 

responsibility

NL

RO

Family, migration, asylum and health

In the context of a request by the child aged 16+ for emancipation

Family, employment, education, 

In the context of a request by the child aged 16+ for emancipation

health, placement into care, adminis-
trative sanctions

SI

All areas except asylum, migra-

In all cases

tion and offences below the age of 

criminal responsibility 

UK-S

Family, placement into care, 

In all cases where the child is 12 years old or more

offences below the age of criminal 

responsibility

Conditions attached to representation of the child (CivAdm049)

In eight jurisdictions (BG, CY, DK, MT, NL, PT, UK-E&W, UK-NI), statutory conditions are attached to 
representation of the child by a legal representative or guardian. These conditions aim at ensuring 
that the child retains some influence over the proceedings, even if he or she cannot file the claim or 
suit independently. 

The conditions include:

■  Obligation on the part of the parent, guardian or Litigation Friend18 to conduct proceedings fairly 
and competently, to have no interests in the proceedings adverse to that of the child, and to give 
priority to the best interests of the child (e.g. CY: all areas of law except for offences committed 
by  children  below  the  age  of  criminal  responsibility;  UK-E&W:  family,  placement  into  care  and 
administrative sanctions);

■  Requirement  for  person  proposing  to  be  Next  Friend  to  submit  documents  including  written 
consent of the child (UK-NI: family, employment, administrative sanctions, offences committed 
by children under the age of criminal responsibility).

■  Requirement  for  the  parent  or  guardian  to  obtain  consent  of  a  child  aged  15+  years  before 

making decisions on important matters (e.g. DK: all areas of law);

■  Requirement for the child to give his/her signed, written consent before the legal representative 

can make an appeal (e.g. NL: asylum, migration);

18  The term ‘Litigation Friend’ is used in UK-E&W to refer to a person who can fairly and competently conduct 

proceedings on behalf of a child (usually a parent). This person is referred to as ‘Next Friend’ in UK-NI.

 
 
17

■  Requirement for the public prosecutor to be heard on the designation by the court of a ‘provisory 
curator’ to represent the child in cases where he or she does not have a legal representative (e.g. 
PT: all areas of law)

■  Designation of a special curator to represent the child in cases where there is a conflict of inter-
ests  between  the  child  and  his/her  parents  or  legal  representative,  or  where  the  two  parents 
representing a child disagree on how to handle a case (e.g. MT and PT: all areas of law).

3.3.3  Statute of limitations

In 13 MS (BE, CY, EL, ES, FR, HR, HU, IE, MT, PL, PT, RO, SI) the statute of limitations (which prescribes 
the period of time in which any civil or administrative claim must be brought) is adapted in the case 
of  children  in  order  to  allow  them  to  pursue  claims  for  a  period  after  they  have  reached  the  age 
of  majority  (CivAdm183).  This  is  relevant  primarily  to  child  plaintiffs  because  children  who  wish  to 
pursue legal action may face difficulties in doing so before they reach the age of capacity. 

This provision applies most frequently in family proceedings (in all 13 MS with such a provision). 
The provision applies least frequently to administrative sanctions (in five MS: HU, IE, LV, PT, RO).

The provision operates in different ways: 

■  In some MS the limitation period does not begin until the child has reached the age 
of  capacity  (e.g.  in  BE  with  respect  to  child  victims  of  some  sexual  offences  and  trafficking, 
among other offences; in CY with respect to trusts and probate and other civil matters; in FR with 
respect to claims against the Family Council; and in MT and SI in cases of sexual abuse).

■  In other MS, the limitation period extends for a fixed period after the child has reached 

the age of capacity (e.g. PT where the period is one year).

■  In some MS the court has discretion not to debar a claim brought by a child after the 
limitation  period  has  expired  (e.g.  in  BE  in  circumstances  where  legal  representation  is  not 
secured in time for an appeal in matters relating to asylum, migration, education and placement 
in care; in CY in cases involving bodily injury or death, the court has discretion not to apply the 
two-year limitation period; and in RO, where the limitation period will not apply where the court 
considers that the legal representative has not been correctly representing the interests of the 
child).

■  In other cases, the limitation  periods  are  so  long  that  a  child  will  reach  the  age  of 
capacity within the period (for example, in FR where the limitation period in certain areas of 
family law is typically 30 years).

■  In some cases children are permitted to pursue certain types of claim after the age of majority if 
they remain in education or if they have special needs (e.g. in HR, children in education 
can pursue maintenance claims until the age of 25.)

Whilst this sub-section has focussed primarily on children who wish to pursue legal action after they 
have reached 18 years of age (i.e. child plaintiffs), in some countries, a different statute of limitations 
applies in the case of claims brought against children (i.e. child defendants). In SI, for example, the 
limitation period in case of a claim against a child who does not have a legal representative expires 
two years after the child has obtained full legal capacity or obtained a legal representative. 

3.3.4 
child protection cases

Provisions in place to ensure that legal proceedings are started in 

All MS have provisions in place to ensure that legal proceedings are started in child protection cases. 
These  provisions  tend  to  apply  to  any  child  involved  in  the  proceedings  in  need  of  protection,  i.e. 
regardless  of  their  role  in  the  proceedings.  The  provisions  range  from  statutory  provision  allowing 
entities to file applications/initiate legal proceedings in child protection cases; the right of the court 
to adopt precautionary and interim measures regarding children; and the right of social services to 
initiate precautionary and interim measures regarding children. 

18

Statutory provision allowing entities to file applications/initiate legal proceedings in 
child protection cases (CivAdm057) 

This provision applies in all MS except FR, LU and MT. It most frequently applies in matters relating 
to the placement  of  children  in  care (all jurisdictions except FR, LU and MT, UK-NI), and least 
frequently in employment matters (e.g. BG, EE, EL, LT, LV, PL, SK, UK-NI), e.g. in respect of child 
slavery or trafficking. 

The entities which may file applications in child protection cases vary between jurisdictions: 

■  In  most  jurisdictions  social  services/  child  protection  departments  or  similar  agencies  may 
begin  proceedings  (AT,  BG,  CY,  CZ,  DK,  EE,  FL,  DE,  EL,  IE,  IT,  LT,  NL,  PL,  RO  SK,  SL,  ES,  SE,  and 
UK-E&W). 

■  In  other  jurisdictions,  parents,  grandparents  or  foster  parents  may  initiate  proceedings 

(AT, BE, BG, and NL). 

■  In some MS (BG, CZ, EL, IT, LT, NL, PL, PT, and ES) the prosecutor may bring proceedings. 

■  In CZ, HU and LV the court may initiate proceedings on its own motion. 

■  In UK- S, a child may be referred to the Scottish Children’s Reporters Administration (SCRA) and 
therefore  there  are  a  number  of  institutions  that  can  initiate  proceedings  in  child  protection 
cases.

Statutory provision on the right of the court or social services to adopt 
precautionary and interim measures regarding children (CivAdm058 and 
CivAdm061)

Statutory provisions on the right of the court to adopt precautionary and interim measures regarding 
children exist in all MS in most areas of law. An example of a precautionary or interim measure which 
may be taken in family proceedings is removing the child from the care of his/her parents to prevent 
harm to the child (SE, UK-E&W, UK-NI) or to prevent the child being removed from the jurisdiction (FI, 
UK-E&W, UK-NI). This provision applies in matters relating to the placement of children into care in 
all jurisdictions except MT and in matters relating to family in all jurisdictions except IE and UK-S. The 
provision applies in all areas of law in 10 MS (BE, BG, CZ, EE, HU, LT, LU, LV, PT, SK).

Statutory  provisions  on  the  right  of  social  services  to  initiate  precautionary  and  interim  measures 
regarding children apply in all jurisdictions except HU, LU, MT, NL and PT. It applies most commonly in 
matters relating to the placement of children into care (23 jurisdictions) and family (21 jurisdictions). 

Ensuring children’s access to justice

■  In 15 jurisdictions, children have the right to bring certain types of cases to court (subject to 
minimum ages ranging from 12 to 16), whereas in the other 15 jurisdictions, only adults have 
such a right (subject to exceptions in all cases but CY, IE, UK-E&W and UK-NI where children 
must always act through a legal representative or guardian). 

■  In most jurisdictions (24), the participation of child subjects is not subject to a minimum age 

of procedural capacity. 

■  In most jurisdictions (21), the participation of child witnesses in civil or administrative proceed-
ings is subject to the same general rules as adults. In the other nine jurisdictions, child-specific 
conditions apply, including a minimum age or the requirement for a judge to assess a child’s 
maturity.

■  In  13  jurisdictions,  the  statute  of  limitations  is  adapted  in  order  to  allow  children  to  pursue 

claims for a period after they have reached the age of majority.

■  All  jurisdictions  have  provisions  to  ensure  legal  proceedings  are  started  in  child  protection 
cases. In most jurisdictions, social services have the right to file applications in these cases.

19

■  The above provisions aimed at ensuring children’s access to justice tend to be more rigorous 

in family and placement in care proceedings than in other areas of law. 

3.4  Measures for advancing the principle that the best 
interests of the child should be a primary or the 
paramount consideration

Since  1989,  with  the  adoption  of  the  UN  Convention  on  the  Rights  of  the  Child,  the  principle  that 
the best interests of the child should be a primary consideration in decision-making, has become a 
general principle of international law. 

While  the  UN  Convention  extends  the  principle  to  cover  all  decisions  affecting  the  child,  it  gives 
special  weight  to  adoption  where  the  best  interests  of  the  child  are  to  be  made  “the”  paramount 
consideration.

MS have adopted a variety of measures to ensure the effective implementation of the principle that 
the best interests of the child should be a primary or paramount consideration in the handling of civil 
and administrative judicial proceedings. 

These measures include reflecting the principle in the Constitution or relevant legislation; developing 
criteria to determine the best interests of the child in particular circumstances; giving due weight to 
the views expressed by the child; and adopting a multidisciplinary approach.

3.4.1 

Reflecting the principle in the Constitution or relevant legislation 

The  majority  of  jurisdictions  have  reflected  the  principle  that  the  best  interests  of  the  child  should 
be a guiding force in decision-making in the Constitution (e.g. BE, ES, HR, SI) or in relevant legislation 
(e.g. AT, BE, BG, CY, CZ, DK, EL, ES, FR, IT, LT, LU, MT, SE, SI, SK, UK-E&W, UK-NI, UK-S). 

However, in some jurisdictions (e.g. BE, IT) the relevant legislation only refers to the need to take the 
child’s best interests into account, it does not state that the child’s best interests should be a primary 
or paramount consideration. 

In  certain  jurisdictions  cases,  the  specific  references  to  the  principle  of  advancing  the  child’s  best 
interests are only mentioned in civil judicial procedural codes (not administrative judicial procedural 
codes) or in specific sectoral legislation concerning family disputes and child protection rather than 
other areas of law (e.g. MT). 

In  at  least  three  Member  States  (CY,  EE,  IE)  the  principle  is  not  enshrined  in  national  legislation, 
although changes are underway in IE in this regard. 

3.4.2  Developing criteria to determine the best interests of the child in 
particular circumstances 

In certain jurisdictions (e.g. AT, FI, UK-E&W, UK-S), criteria have been developed in legislation to help 
judges assess the best interests of the child in specific types of proceedings. Box 1 elaborates the 
examples of AT and UK-E&W. 

In  other  cases  (e.g.  BG,  CZ,  DK,  EL,  ES,  LU,  LV,  NL,  PL,  SI,  UK-NI),  looser  guidelines,  or  parameters, 
have been developed usually through the case-law of higher courts but also through legislation. 

In at least eight Member States (BE, CY, EE, FR, HR, LT, PT and SE) no such criteria or guidelines exist. 
In SE the absence of such criteria is deliberate as the government has reasoned that the authorities 
and courts need to have the flexibility and discretion to decide what is in the best interests of the 
child and to choose the most appropriate solution on a case-by-case basis.

20

Box 1 Austria and UK-E&W – Determining the best interests of 
the child

Section 138 of the General Civil Code of Austria establishes that the child’s  welfare should 
be the guiding principle in all matters regarding children who have not yet reached the age of 14, 
including their involvement in all judicial proceedings. The General Civil Code identifies as general 
principles that should determine the child’s welfare: 

■  Safety and protection of the physical and psychological integrity of the child; 

■  The appreciation and acceptance of the child by the parents; 

■  Promotion of the talents, abilities, interests and development of the child;

■  Consideration  of  the  views  of  the  child  in  accordance  with  the  child’s  understanding  and 

ability to form opinions; 

■  Avoiding  any  harm  that  the  child  might  suffer  through  the  implementation  and  enforce-

ment of a measure against his/her will;

■  Avoiding any danger, assault or violence to the child;

■  Ensuring meaningful contacts of the child with both parents; 

■  Avoiding conflicts of loyalty and guilt of the child; and,

■  Respect  for  the  rights  and  interest  of  the  child,  the  living  conditions  of  the  child,  his/  her 

parents and other surroundings.

The Children Act 1989 of England and Wales contains a “Welfare Checklist”, which obliges the 
court, when considering whether to make a care and supervision order, to have regard, inter alia, 
to: 

■  The ascertainable wishes and feelings of the child concerned; 

■  His/her physical, emotional and educational needs and how these are to be met; 

■  His/her age, sex, background and any other characteristic considered relevant; 

■  Any harm suffered or risk of harm; and, 

■  The likely effect of a change in circumstances.

3.4.3  Giving due weight to the expressed views of the child 

In several jurisdictions (e.g. BG, CY, DK, EL, ES, FI, FR, IT, LT, NL, RO, SE, UK-E&W, UK-NI, UK-S), there 
is a legal obligation on the part of a court to hear the child and give due weight to his or her views 
before reaching a decision if he or she is considered mature enough. In LU, this measure is followed 
in practice even though there is no legal requirement for the child to be heard in order to assess his 
or her best interests.

In certain jurisdictions (e.g. LT), this obligation only applies in the area of family law; 

In at least four jurisdictions (e.g. IE, LV, PT and SI), the court is under no legal obligation to consider 
the views of the child in order to determine his or her best interests, although legislative changes are 
foreseen in IE in this regard.

3.4.4  Adopting a multidisciplinary approach 

In several MS (e.g. AT, BG, DK, ES, HR, IT, LT, LU, MT, NL, RO, PT, SI), the court consults with profes-
sionals/experts  from  different  disciplines  in  order  to  reach  a  holistic  picture  of  the  child’s  best 
interests.

In some MS these consultations are not obligatory (e.g. IT, LU). In others, the consultations are only 
obligatory  in  family  and  placement  into  care  proceedings  (e.g.  ES,  LT,  RO).  Section  3.6  provides 

21

further information on the use of multidisciplinary approaches by courts when dealing with children 
involved in civil and administrative judicial proceedings.

The above listed measures to ensure the effective implementation of the best interests of the child 
in judicial proceedings are more strongly developed in the areas of family and placement into care 
than in other areas of law. 

For  example,  in  the  UK-E&W,  the  Welfare  Checklist  (see  Box  1)  only  applies  when  a  Court  deter-
mines a question with respect to: (a) the upbringing of a child, and (b) the administration of a child’s 
property or the application of any income arising from it. It is therefore understood not to apply in 
procedural terms to tribunal proceedings (including employment tribunals and migration tribunals). 

In other jurisdictions, the principle that the best interests of the child should be a primary or para-
mount consideration is enshrined in specific sectoral laws pertaining to specific areas of administra-
tive justice, such as asylum and migration (EL, FR, IT, SE, SI), health (FR) and education (SE).

Measures taken to advance the principle that the best interests 
of the child should be a paramount consideration

■  MS consider the principle of the best interest of the child to be paramount in the handling of 
civil  and  administrative  judicial  proceedings.  However,  in  many  countries  there  is  no  legally 
binding tool to assess the best interests of the child.

■  Measures to advance this principle include reflecting the principle in the Constitution or rele-
vant  legislation;  developing  criteria  to  determine  the  best  interests  of  the  child  in  particular 
circumstances; giving due weight to the expressed views of the child; and adopting a multidis-
ciplinary approach.

■  The measures adopted by MS are more strongly developed in family and placement into care 

than in other areas of law.

3.5  National monitoring mechanisms to ensure the 

compatibility of safeguards with international standards

National monitoring mechanisms can play a key role in supporting MS to effectively implement their 
international rights of the child obligations and in helping children to become increasingly aware of 
their rights, including in the context of civil and administrative judicial proceedings. 

Twenty-three  MS  have  monitoring  mechanisms  at  national  level  (e.g.  Children’s  Commissioners  or 
Ombudspersons) to review domestic legislation, policies and practice related to children, inter alia, in 
judicial proceedings to ensure their compatibility with international standards. The exceptions are DE, 
EE, MT, PT and RO where such national-level monitoring mechanisms do not exist. 

In 15 out of the 25 jurisdictions where monitoring mechanisms exist, the mechanisms apply in all 
areas of law (AT, BE, CZ, DK, FI, HR, HU, IE, LT, LU, LV, PL, SK, UK-E&W and UK-NI).The mechanisms 
apply most frequently in asylum, migration, education, health and placement into care (24 
jurisdictions each). They apply slightly less frequently in employment and offences committed 
below MACR (20 and 21 jurisdictions respectively). 

The  monitoring  mechanism  in  UK-S  only  covers  two  areas  of  law  (placement  in  care  and  offences 
committed below MACR). They tend to apply in all but one area of law in the other jurisdictions. 

In 20 jurisdictions, the monitoring mechanisms apply to all the roles of the child. Elsewhere, the 
mechanisms tend to apply to children in the role of plaintiffs, witnesses and defendants. The 
mechanisms rarely apply to children involved in judicial proceedings as subjects. 

In 19 jurisdictions, the monitoring procedure is carried out wholly or partly by an ombudsperson or 
commissioner.  In  15  out  of  these  19  jurisdictions,  the  work  of  the  ombudsperson  (or  one  of  their 
offices) deals exclusively with the concerns and rights of children. Of these children’s commissioners/
ombudspersons,  roughly  half  have  among  other  things  the  task  to  review  domestic  legislation, 

22

policies  and  practice  related  to  judicial  proceedings  to  ensure  their  compatibility  with  international 
standards  (e.g.  CY,  DK,  HR,  IE,  LU,  SE,  UK-S).  Another  type  of  monitoring  mechanism  that  does 
not  involve  an  ombudsperson  is  an  inter-ministerial  obligation  to  review  the  impact  of  legislative 
proposals on children (e.g. in AT, ES).

In most of the jurisdictions, the task of monitoring the compatibility of domestic legislation, policies 
and practice related to children involved in judicial proceedings with international standards is shared 
between the ombudspersons or commissioners and at least one additional institution. 

The scope of action and the power vested in the ombudsperson/commissioner or similar monitoring 
body varies between jurisdictions. In most cases, the monitoring mechanisms have an advisory and 
mediatory function. More extensive powers relating to the rights and welfare of children include the 
power to, inter alia:

■  Lodge or handle complaints or appeals from children over administrative decisions (e.g. CZ, DK, 

PL, SE);

■  Bring, intervene or assist in administrative proceedings in any court or tribunal (UK-NI) or handle 

procedural factors of a case in general courts (e.g. FI, SI);

■  Request that legal proceedings be instigated (e.g PL);

■  Initiate proceedings before the Constitutional Court in cases where the authority is in breach of 
international standards (LV) or request the Supreme Court to adjudicate on cases of divergence 
in the interpretation of law (PL);

■  Commence disciplinary actions against public officials (including judges) (SE);

■  Monitor places of detention and imprisonment (HR, LV).

Box 2 Croatia – Monitoring the rights of children in judicial 
proceedings 

The  Croatian  Ombudsman  for  Children  is  an  independent  authority  accountable  to  the  Croatian 
Parliament. Its objective is to protect and monitor the rights and interests of children related to 
all  types  of  administrative  procedures  and  judicial  proceedings.  It  also  monitors  the  compliance 
of  Croatian  legislation  with  international  agreements  and  conventions  ratified  by  Croatia.  The 
Ombudsman has the right to issue recommendations and to address warnings to public adminis-
trative authorities dealing with children. Authorities are obliged to provide the Ombudsman with 
prompt responses on measures taken following warnings. If necessary, the Ombudsman can report 
malpractice to the supervisory authorities or alternatively, directly to the Croatian Government. 

To perform his/her tasks, the Ombudsman has unlimited access to any data, information or files 
regarding  any  procedure  involving  children,  including  confidential  data,  and  unlimited  access  to 
inspect premises providing shelters or accommodation for children. The Ombudsman has the right 
to  request  expert  assistance  from  any  specialised  institution,  for  example,  to  carry  out  psycho-
logical evaluation of a child or to provide assistance in questioning a child. 

Table A3.3 provides a complete mapping of the coverage of monitoring by area of law and role of 
the child.

The incidence and scope of national monitoring mechanisms

■  There are national monitoring mechanisms with competence to monitor the rights and interests of 
children in civil and administrative judicial proceedings in all jurisdictions except DE, EE, MT, PT and RO.

■  The scope of action of the monitoring mechanisms varies between jurisdictions. Most of the 
mechanisms monitor the rights of children involved in the proceedings in all roles and in all 
areas of law, but in some jurisdictions the scope of the monitoring is more limited (e.g. UK-S, 
where it only covers placement in care and offending behaviour below MACR).

23

■  The  powers  vested  in  the  national  monitoring  mechanisms  also  vary  between  jurisdictions. 
These range from advisory and mediatory functions to the power to bring, intervene or assist 
in judicial proceedings on behalf of the child. 

3.6  The prevalence of a multidisciplinary approach and 

cooperation to safeguard the rights of children in judicial 
proceedings

Adopting  a  multidisciplinary  approach,  which  takes  into  account  the  child’s  legal,  psychological, 
social,  emotional,  physical  and  cognitive  situation,  can  be  a  crucial  basis  for  the  court  to  make  an 
informed assessment of the best interests of the child (see Section 3.4). It can also help the court 
in  its  efforts  to  minimise  the  burden  and  hardship  which  being  involved  in  judicial  proceedings  can 
represent to the child (see Section 4.5). 

There  are  different  ways  for  courts  to  apply  such  a  comprehensive  understanding  of  the  child 
involved  in  judicial  proceedings.  After  reviewing  the  jurisdictions  where  a  legal  obligation  to  adopt 
a  multidisciplinary  exists,  this  section  considers  three  ways  in  which  the  multidisciplinary  approach 
is  applied:  by  adopting  formalised  cooperation  procedures  between  judicial  authorities  and  profes-
sionals  working  in  different  disciplines;  by  adopting  measures  which  facilitate  interactions  between 
criminal, civil and/or administrative judicial proceedings (in cases which span these jurisdictions); and 
by adopted common assessment frameworks for all professionals working with or for children in civil 
and administrative proceedings.

Legal obligation on the part of the court to adopt a multidisciplinary approach 
(CivAdm099) 

In 15 jurisdictions (AT, BG, CY, EE, EL, FI, FR, HR, IT, LT, PL, PT, SE, UK-E&W and UK-NI) the court has a 
legal obligation to obtain a comprehensive understanding of the child involved in civil or administra-
tive judicial proceedings by assessing his or her legal, psychological, social, emotional, physical and 
cognitive situation. 

In  those  jurisdictions  where  the  legal  obligation  to  adopt  a  multidisciplinary  approach  exists,  the 
provision  applies  most  frequently  in  the  areas  of  family  and  placement  in  care  (13  jurisdic-
tions), followed closely by offences committed below MACR (11 jurisdictions). The legal obliga-
tion to adopt a multidisciplinary approach applies least frequently in the fields of employment and 
education (five and six jurisdictions respectively). The legal obligation applies in four MS (AT, EE, IT, 
LT) in all areas of law.

In the jurisdictions concerned, the multidisciplinary approach is applied predominantly to children in 
their role as plaintiffs and defendants (all 15 jurisdictions), and in fewer cases to subjects and 
witnesses  (10  and  9  jurisdictions  respectively).  In  seven  MS  (BG,  EE,  EL,  IT,  PL,  PT,  SE),  the  legal 
obligation applies to children in all roles. In CY, FR, UK-E&W and UK-NI a multidisciplinary approach is 
applied to plaintiffs, defendants and subjects, in AT and LT to witnesses, plaintiffs and defendants, in 
FI to witnesses and plaintiffs, and in HR only to subjects. 

Table  A3.5  provides  an  overview  of  the  coverage  of  this  provision  by  area  of  law  and  role  of  the 
child. 

24

Formalised cooperation procedures for professionals working with or for children in 
different government departments and agencies (CivAdm100)

A formalised operational cooperation procedure for professionals working with or for children 
in  different  government  departments  and  agencies  exists  in  14  jurisdictions  (BG,  CY,  CZ,  EE, 
EL, ES, HR, LT, LV, NL, PT, UK-E&W, UK-NI and UK-S). 

The formalised operational cooperation procedures take different forms in different MS:

■  In HR, for example, social, health and educational institutions are obliged to cooperate with judi-

cial authorities or among themselves in their efforts to collect and share data.

■  In NL, a formal agreement exists specifying principles for the exchange of information between 
the  relevant  criminal,  civil  and/or  administrative  judicial  organisations  involved  in  migration 
proceedings. 

■  In  PT,  in  civil  guardianship  and  promotion  and  protection  procedures,  the  social  services, 
composed of multidisciplinary teams, are obliged to elaborate a so-called “social report” on the 
child, their integration in the society and their family.

The cooperation procedures that are in place apply in all or almost all areas of law in most jurisdic-
tions.  In  eight  jurisdictions  (CZ,  EE,  HR,  LT,  LV,  PT,  UK-E&W  and  UK-NI)  the  procedures  apply  in  all 
areas of law; in EL in all areas except employment. In contrast, in CY a procedure exists only in the 
areas of family and placement in care. 

Cooperation procedures apply predominantly in those jurisdictions concerned to children in the role 
as plaintiffs, followed by defendants and then witnesses. 

These procedures only rarely apply to subjects. In 10 out of the 14 jurisdictions concerned (BG, CZ, 
EE, EL, ES, HR, NL, PT, UK-E&W and UK-NI) cooperation procedures apply to all roles of the child. In 
BG, CY, UK-E&W and UK-NI the procedures apply to all roles in all relevant areas of law; in ES and PT 
mainly to witnesses and plaintiffs; in HR mainly to witnesses, plaintiffs and defendants. In LV, they 
only apply to plaintiffs and defendants. 

In the 14 jurisdictions concerned, cooperation procedures apply at all stages of the proceeding 
in all jurisdictions, with the exception of EE (where this is only the case in the areas of family and 
employment),  EL  (where  the  cooperation  procedures  only  apply  during  proceedings  in  family  law 
and placement of care) and UK-S (where they only apply before proceedings in offences committed 
below the age of criminal responsibility). 

Procedures to facilitate interactions between criminal, civil and administrative 
judicial proceedings (CivAdm103) 

In  eight  jurisdictions  (CZ,  DK,  EE,  EL,  ES,  FR,  PT,  UK-S),  mechanisms  are  in  place  to  ensure  formal-
ised  operational  cooperation  procedures  between  professionals  working  in  different  jurisdictions, 
in  cases  that  involve  interactions  between  criminal,  civil  and/or  administrative  judicial 
proceedings. 

Examples of such procedures include: 

■  The possibility for one court (e.g. administrative) to suspend proceedings until civil proceedings 

that are running in parallel are concluded (see for example EE in Box 3 below); and, 

■  The  possibility  of  merging  proceedings  (e.g.  in  ES,  where  administrative  proceedings  can  be 

merged with a civil proceeding and taken before the civil court). 

Where such procedures exist, they apply in all or almost all areas of law. This is the case in CZ, 
EE and PT. In EL such procedures apply in all areas of law except in offences committed below the 
age of criminal responsibility. In ES the procedures apply in all areas but employment and offences 
committed  below  the  age  of  criminal  responsibility.  The  procedure  applies  in  FR  and  UK-S  in  only 
three areas of law respectively (family, employment and placement in care; asylum, migration and 
offences committed by children below the age of criminal responsibility). 

Where jurisdictions provide for a formalised operational cooperation procedure in cases that involve 
interactions between criminal, civil and/or administrative judicial proceedings, the procedure applies 

25

above  all  to  children  as  plaintiffs,  followed  by  defendants.  It  applies  least  to  witnesses  and 
subjects. 

In  five  jurisdictions  (EE,  EL,  ES,  FR  and  UK-S)  the  procedure  applies  to  all  roles,  in  EL  mainly  to 
witnesses, and in UK-S in the area of offences committed by children below MACR it applies only to 
subjects. In DK and PT the procedure applies to plaintiffs, defendants and subjects, in PT predomi-
nantly to plaintiffs. In CZ, it applies only to plaintiffs and defendants.

Common frameworks for professionals to assess the child’s situation (CivAdm 101)

Four  jurisdictions  (CY,  EE,  UK-E&W  and  UK-N,  )  have  adopted  a  common  assessment  frame-
work for all professionals working with or for children in civil and administrative proceedings in 
order to assess the child’s legal, psychological, social, emotional, physical and cognitive situation (for 
example, see Box 3 below on EE).

Common frameworks have above all been developed in the area of family law (five out of six juris-
dictions). In UK-E&W and UK-NI, the frameworks apply in all areas of law. In CY frameworks exist in 
the areas of family and placement in care, in EE in family and employment.

The common assessment framework in the six jurisdictions concerned applies to all roles of the 
child. 

Box 3 Multidisciplinary measures in Estonia 

Multidisciplinary approach by the court

In  the  hearing  of  a  witness,  the  law  allows  the  court  to  involve  a  child  protection  official,  social 
worker or psychologist, parent or guardian, if necessary. An expert opinion is required in all court 
cases involving children, and the social services departments are to monitor compliance with this 
requirement.

Juvenile committees, relevant to the fields of education and offences committed by children below 
the age of criminal responsibility, are comprised of persons with diverse professional backgrounds 
of  education,  social  welfare  and  health  care,  a  police  officer,  staff  member  of  either  county, 
local government or city district government, and on county level also a probation officer. When 
deciding on the appropriate measure, the Committee is obliged to take into account the opinions 
of  the  child’s  legal  representative,  social  worker,  representative  of  the  school  and  police  officer. 
The applied measure in turn is supervised by an appropriate professional. 

Common framework for professionals

The  Ministry  of  Social  Affairs  has  issued  Guidelines  on  the  assessment  of  the  child  and  family 
targeted  at  social  workers  and  a  handbook  on  case  management.  The  handbook  introduces  a 
“social work method” in order to promote an integrated approach to cases and to ensure coopera-
tion among specialists from different areas. 

Interactions between civil, administrative and criminal judicial proceedings

Any  court  can  suspend  a  proceeding  if  another  court,  e.g.  administrative,  criminal,  the  Supreme 
Court or a European Court, deliberates on a matter related to the case. In this case, the suspended 
proceeding resumes only after the other court has issued its judgment on the related matter. 

Multidisciplinary approach and cooperation

■  In  16  jurisdictions  there  is  a  legal  obligation  to  obtain  a  comprehensive  understanding  of 
the child involved in civil or administrative judicial proceedings by assessing his or her legal, 
psychological, social, emotional, physical and cognitive situation.

26

■  In most cases, such a multidisciplinary approach is applied through the adoption of a formal-
ised operational cooperation procedure between judicial authorities and professionals working 
with or for children in different government departments.

■  In  half  of  the  jurisdictions  concerned,  procedures  exist  to  facilitate  interactions  between 
criminal,  civil  and/or  administrative  judicial  proceedings  (e.g.  merging  proceedings),  and  in  a 
smaller number of jurisdictions, common assessment frameworks have been adopted for all 
professionals working with or for children in civil and administrative judicial proceedings. 

■  The multidisciplinary approach tends to be used most frequently in family and placement in 

care proceedings, and to children involved as plaintiffs and defendants.

3.7  Training requirements for professionals working with and 

for children in judicial proceedings

Training  on  the  rights  of  children  in  judicial  proceedings  is  an  important  pre-condition  for  profes-
sionals working with and for children to be aware of their legal obligations under national and inter-
national law. 

Not all jurisdictions provide such training (on the basis of the documentary sources reviewed in this 
study, such training does not exist in BG, DE, DK, MT and RO). Where training on the rights of children 
in  judicial  proceedings  exists,  the  training  varies  both  in  terms  of  its  obligatory  or  voluntary  nature 
and  in  terms  of  the  subject  matter  that  it  covers.  The  training  may  focus  on  the  rights  of  children 
from a purely legal perspective, or it might include a multidisciplinary approach or it might focus on 
how to communicate with children.

This  section  identifies  those  jurisdictions  which  provide  initial  and/or  continuous  training  to  profes-
sionals  who  work  for  and  with  children  in  civil  and  administrative  judicial  proceedings,  and  those 
where  there  is  a  legal  obligation  to  provide  multidisciplinary  training  and/or  training  on  communi-
cating with children. 

Existence of initial training programmes (CivAdm095)

Seventeen jurisdictions have initial  training  programmes  for  professionals  who  work  for 
and with children involved in civil and administrative proceedings (AT, BE, CY, EE, EL, ES, FI, FR, HU, 
IE, NL, PL, PT, SE, SI, UK-E&W and UK-S). 

Where  such  initial  training  programmes  are  available,  they  apply  mainly  in  the  areas  of  family 
and placement in care (in 16 jurisdictions each). They apply least in the areas of employment, 
education, administrative sanctions and offences committed below MACR (in 10 jurisdic-
tions each). In seven jurisdictions, initial training programmes are provided to professionals working in 
all areas of law (AT, EE, HU, PL, PT, UK-E&W and UK-NI). In SE and SI, they apply in all areas of law 
except offences committed below the age of criminal responsibility. In contrast, in CY, ES and FR, the 
programmes apply only to two areas of law (family and placement in care). 

The  type  of  professionals  covered  by  initial  training  programmes  varies  among  the  MS.  In  the 
majority of jurisdictions concerned, the training is provided to social workers. In certain MS (e.g. EE, 
PT, SE, SI, UK-E&W and UK-NI), the training is additionally provided to a range of legal professionals, 
including  guardians  (see  Box  4  for  the  example  of  SI).  In  other  MS  (e.g.  BE,  ES,  HU  and  NL),  the 
training is provided to judges.

Continuous training programmes (CivAdm098) 

Continuous training programmes for professionals working for and with children involved in civil and 
administrative proceedings exist in 18 jurisdictions (AT, CY, EE, EL ES, FR, HR, HU, IT, LT, LV, NL, PL, PT, 
SE, SI, UK-E&W and UK-NI). 

Where continuous training programmes are offered, they apply most frequently in the areas of place-
ment in care (all jurisdictions) followed by family (16 jurisdictions). They apply least in administra-
tive sanctions and offences committed below MACR (12 and 11 jurisdictions respectively). 

27

In  10  jurisdictions  (AT,  EE,  HR,  HU,  LT,  LV,  PL,  PT,  UK-E&W  and  UK-NI)  the  continuous  training 
programmes apply in all areas of law. In SE and SI they apply in all areas except offences committed 
below MACR. In contrast, in CY and FR they apply only to family and placement in care and in ES only 
to placement in care. 

In those MS that also provide initial training programmes, the continuous training is mostly provided 
to  the  same  group  of  professionals.  In  the  MS  where  initial  training  is  not  provided,  continuous 
training is available for a variety of legal professionals and social workers in LT and LV, for a variety 
of legal professionals in HR, and specifically for lawyers in IT.

Box 4 Training for guardians of unaccompanied children in 
Slovenia

Unaccompanied children who seek asylum must have a guardian appointed and the guardian is 
required to have completed mandatory training. 

Training for guardians includes family law (guardianship, foster care, protection of human rights), 
social work (legislation in the field of social work in Slovenia, methods of work taking into account 
the  best  interests  of  children,  intercultural,  racial  and  religious  characteristics,  cultural  and  reli-
gious  specificities,  cultural  shock,  development  of  intercultural  competencies  in  advocacy  of 
children  –  self-awareness  of  guardians  of  their  personal  value  system,  confronting  stereotypes, 
ability to adapt), psychology (development psychology, establishing a relationship of trust with a 
child, methods of talking to a child, post-traumatic stress syndrome, exposing a child to risks and 
dangers),  protection  of  the  rights  and  duties  of  children,  protection  of  human  rights  and  funda-
mental freedoms and asylum law (introduction to protection of human rights, asylum as a human 
right, EU legislation in the field of international protection, legal regulations in the field of interna-
tional protection in Slovenia). 

The  training  of  candidates  for  guardians  has  to  be  carried  out  at  least  once  a  year.  The  initial 
training consists of 24 hours. Every five years each nominated guardian has to attend an advanced 
training course lasting eight hours. 

Legal obligation to provide multidisciplinary training (CivAdm094a)

A legal obligation to provide multidisciplinary training to all professionals working for and with 
children on the rights and needs of children and on proceedings adapted to them exists in 13 juris-
dictions (EE, EL, ES, FR, IT, LT, LU, LV, PL, SE, SI, UK-E&W and UK-NI).19 In SE, for example, persons 
who are undergoing training to become judges take mandatory courses concerning children’s devel-
opment and needs.

Where  the  legal  obligation  exists,  the  provision  applies  most  frequently  in  the  areas  of  family 
and  placement  in  care (both 11 jurisdictions), followed by asylum and offences  committed 
below MACR (both eight jurisdictions). The areas of law where the provision applies least frequently 
are  education  and  health  (in  six  jurisdictions  each)  and  administrative  sanctions  (in  five 
jurisdictions). 

Table A3.6 provides an overview of the coverage of this provision by area of law.

Table A3.7 provides an overview of the coverage of all jurisdictions and areas of law where multi-
disciplinary training is available but not mandatory (CivAdm094b).

In  five  jurisdictions  (LT,  LV,  PL,  UK-E&W  and  UK-NI)  the  training  requirement  applies  in  all  areas 
of  law.  In  IT  it  applies  in  all  areas  except  family,  employment  and  administrative  sanctions.  In  all 
remaining jurisdictions the training requirement covers a maximum of three areas of law, whereas in 
LU it only applies in one area (offences committed below MACR). 

Mandatory training in communicating with children (CivAdm097a)

The  legal  obligation  to  provide  mandatory  training  relating  to  communication  with  children  in  civil 
and judicial proceedings at all ages and stages of their development exists in ten jurisdictions (AT20, 

19  In ES, only judges of special family courts receive mandatory specific training
20  In AT, training is mandatory only for social workers.

28

BE, FR, EL, ES21, LU, SE, SI, UK-E&W and UK-NI22). Such training aims at equipping judges, prosecu-
tors and legal counsels, as well as guardians and social workers with the necessary knowledge and 
skills to communicate appropriately with children in these specific circumstances. 

Mandatory training in communicating with children applies most frequently in the areas of family 
and placement in care (both eight jurisdictions), and offences committed below MACR (six 
jurisdictions).  The  legal  obligation  to  provide  training  applies  least  in  the  field  of  education  (three 
jurisdictions). 

Non-mandatory training in communicating with children (CivAdm097c)

Non-mandatory  training  opportunities  for  professionals  on  communicating  with  children 
involved in civil and administrative proceedings exist in 17 jurisdictions (AT, CY23, CZ, EE24, EL, FI, HR, 
IE, LT, LV, NL, PT, SE, SI, SK, UK-E&W and UK-NI). The opportunities are mostly available to judges. 

These training opportunities exist most frequently in the areas of family and placement in care 
(in all 17 jurisdictions concerned). The training is offered to professionals least frequently in the area 
of employment (12 jurisdictions). In ten jurisdictions (AT, CZ, EE, HU, LT, LV, MT, NL, UK-E&W and 
UK-NI) non-mandatory training is offered in all areas of law. In SE and SI such training provision is 
provided in all areas of law save offences committed below MACR. In contrast, in CY non-mandatory 
training is available only in the fields of family and placement in care. 

Provision and scope of training on the rights of children

■  Some form of training on the rights of children for professionals working for and with children 
in  civil  and  administrative  proceedings  exists  in  25  jurisdictions  (the  exceptions  are  BG,  DE, 
DK, MT and RO).

■  In  17  jurisdictions,  initial  training  programmes  are  provided  to  the  professionals  concerned, 

while continuous training programmes are provided in 18 jurisdictions.

■  The scope of the training varies across MS. Besides training on the rights of children from a 
purely legal perspective, in 13 jurisdictions there is a legal obligation to provide multidiscipli-
nary training and in 10 jurisdictions it is mandatory for the professionals concerned to attend 
training on communicating with children.

■  The  training  requirements  most  frequently  apply  to  professionals  working  with  children 
involved  in  family  and  placement  in  care  proceedings,  and  least  frequently  to  professionals 
working with children involved in education, administrative sanctions and offences committed 
below MACR.

21  In ES, training is mandatory only for judges of special family courts.
22  In UK-E&W and UK-NI, general training in the form of Continuing Professional Development (CPD) is a manda-
tory  requirement  for  all  professions  working  with  children,  including  the  judiciary,  solicitors,  social  workers 
and Children’s Guardians/Guardians Ad Litem.

23  In CY, training is mandatory for the officers of the Social Services who come into contact with children.
24  In EE, some of the courses for judges are in fact mandatory.

 
29

4  Specific safeguards in different areas of 
protection for child-friendly justice 

4.1  Introduction

This section considers the extent to which legislation, policy and practice are in place in EU Member 
States to ensure that children enjoy adequate treatment in civil and administrative judicial proceed-
ings and the enforcement of court judgments. The safeguards considered cover the following areas 
of protection: procedural rules concerning children’s rights to access information and advice (Section 
4.2); procedures protecting

■  The child’s private and family life (4.3); 

■  Provisions  on  the  child’s  right  to  be  heard  and  to  participate  in  civil  and  administrative  judicial 

proceedings (4.4.); 

■  Safeguards to protect children from harm in judicial proceedings and during interviews (4.5); 

■  Provisions on children’s’ rights to legal counsel, legal assistance and representation (4.6);

■  Provisions  providing  access  to  and  facilitating  alternatives  to  judicial  proceedings  for  children 

(4.7); 

■  Limitations to restrictions on liberty for children (4.8); 

■  Providing children with legal remedies and compensation for violation of rights or failure to act 

(4.9);

■  Offsetting the legal costs to child defendants and plaintiffs (4.10); and 

■  The enforcement of court judgments in a child friendly manner (4.11) 

4.2  Children’s access to information and advice

Access  to  information  and  advice  is  critically  important  to  the  wellbeing  of  children  in  civil  and 
administrative judicial proceedings. This section considers the presence or otherwise in MS of several 
related safeguards, in particular: the right of children to information about rights and procedures; the 
right of children to information on the consequences of participating in judicial proceedings; the right 
of children to receive information at first contact; the right to information in a child-friendly format; 
and the availability of guidance (on the provision of information to children in judicial proceedings) to 
judicial or other competent authorities.

The right to information about rights and procedures (CivAdm068a)

In 24 MS children involved in civil and administrative judicial proceedings have the statutory right 
to receive information on the systems and procedures involved. The MS where this right 
does not exist are CY, EE, ES, IE, IT and SK. This information covers: the consequences of the proce-
dure; the time and place of court procedures; progress and outcome of the procedure; review of deci-
sions affecting the child; the rights of remedy; and, the availability of support services. 

In 17 MS (AT, BE, BG, CZ, DE, DK, EL, FI, FR, HR, HU, LT, LU, LV, PL, PT, RO), the provision applies in all 
areas of law. The right applies most frequently in the areas of family and placement into care 
(22 jurisdictions each). The provision applies least frequently in the area of offences  committed 
below the age of criminal responsibility (16 jurisdictions). 

Table  A4.1  maps  the  coverage  of  this  provision  by  area  of  law,  role  of  the  child  and  stage  of  the 
proceedings.

30

The  right  to  such  information  applies  most  frequently  to  children  involved  in  the  proceedings  as 
plaintiffs, next to defendants and witnesses, and only rarely as subjects.

Where the statutory right to receive information about rights and procedures exists, it applies at all 
stages of proceedings except: in BG where it exists only during proceedings and at the enforce-
ment of decisions stage; in DE (not during proceedings); in MT (only before and during proceedings); in 
PL (not before proceedings in family and employment law) and SI (only during proceedings).

Generally the legislation providing the right does not contain child-specific provisions on the 
right to receive information about procedures. Hence the general rules applicable to adults are also 
applicable to children. When the child lacks procedural capacity (see above Section 3.3 on access to 
justice), their legal representative is usually obliged to inform the child about the procedure in a child-
friendly manner, and can in most MS also request information on their behalf.

Box 5 France – ensuring access to information 

The role of the parents

In France, there are no general requirements on providing information to children involved in civil 
and administrative judicial proceedings as children lack legal capacity. However, children must be 
involved by their parents in decisions that affect them, according to their age and level of matu-
rity. Except in the case of emancipated children, parents have the authority to choose what infor-
mation contained in court notifications to disclose to the child, if they believe it not to be contrary 
to his/her interests. In case the interests conflict, an administrator is appointed who takes over the 
role of the parents. 

When a summons directly concerns a child because s/he is the object of the proceedings or in a 
role similar to that of a witness, it must include information on the child’s right to be heard alone 
or with his/her lawyer or a person of his/her choice, that s/he can benefit from legal aid (aide jurid-
ictionnelle) and can therefore have his/her own lawyer. Parents are required to confirm in a written 
sworn statement that they informed their child of his/her right to be heard. 

The role of court professionals 

Some  Public  Prosecutors  and  Juvenile  Court  judges  are  specifically  trained  to  deal  with  children 
involved in civil judicial proceedings. They therefore usually provide information to children when 
coming into contact with them. Moreover, any judge may request that other professionals who are 
trained to deal with children also explain the situation to the child. Providing information is also 
largely considered to be the role of the child’s lawyer or that of any other professional legal repre-
sentative such as the administrator. 

Support structure

The  Paris  Bar  Association  (barreau  de  Paris)  has  established  a  children’s  office  (antenne  des 
mineurs). This office as well as other local Bar Associations and Youth houses (Maison des jeunes) 
provide children with free and confidential legal information or advice. 

The right to information on the consequences of participating in judicial proceedings 
(CivAdm071)

Twelve  MS  provide  children  with  a  statutory  right  to  receive  information  on  the  conse-
quences  of  participating  in  judicial  proceedings.  There  is  no  area  of  law  where  this  right 
occurs particularly frequently or infrequently.

In seven MS (AT, BG, FI, FR, HU, HR, PL) the right applies in all areas of law. In three MS (EE, SE and 
SI) it applies only in one area of law (respectively education, asylum, family). Of the 12 MS where a 
statutory right exists, EE is the only MS in which a statutory right to information on rights and proce-
dures does not also exist.

31

In  seven  MS  (BG,  FI,  FR,  HU,  HR,  PL  and  SI),  the  right  applies  to  children  in  all  roles.  It  applies 
most frequently to child  plaintiffs (12 jurisdictions), next to child  defendants (11 jurisdictions) 
and child subjects (8 jurisdictions) and least to child witnesses (7 jurisdictions). In FI and HU it 
applies mainly to witnesses and plaintiffs. In DE the right only applies to plaintiffs.

The types of institutions responsible for providing the information to children include:

■  Judges (e.g. in EE, HR, PL, PT and SI);

■  Public prosecutors (e.g. in PT);

■  Social workers (e.g. in BG, DE, FI, HR, PT and SI);

■  Guardians/custodians (e.g. in FI and FR);

■  Ombudsperson (e.g. in AT);

■  Lawyers (e.g. in DE and PL).

Right to information at first contact (CivAdm068b)

Ten  jurisdictions  (AT,  DE,  EL,  FR,  LU,  NL,  PL,  PT,  UK-E&W  and  UK-NI)  have  a  statutory  provision 
ensuring that information should be provided at the child’s first contact with the judicial system or 
other competent authorities (e.g. when contact is first made with the police, immigration, educational, 
social or healthcare services). There is no area of law where this right occurs particularly frequently 
or infrequently.

The right applies in all areas of law in LU; and almost in all areas of law in DE (except employment 
and offences committed below the MACR) and in NL (except administrative sanctions and offences 
committed by children below the age of criminal responsibility). In contrast, in EL and PT the provision 
applies exclusively in one area of law (offences committed by children below the MACR and adminis-
trative sanctions, respectively). 

Where  the  right  exists,  it  applies  predominantly  to  plaintiffs  and  defendants  (in  eight  jurisdictions 
each, although in the case of plaintiffs the provision applies in more areas of law) and subjects (six 
jurisdictions). It applies only very rarely to witnesses (two jurisdictions). In NL the right applies to all 
roles of the child. In FR, LU, UK-E&W and UK-NI it applies to children as plaintiffs, defendants and 
subjects (in FR for subjects only in placement of care). In AT and DE the right applies to child plain-
tiffs and defendants, in EL only to defendants, in PT only to subjects, and in PL to witnesses, plain-
tiffs and defendants. 

The right to information in a child-friendly format (CivAdm076a)

The statutory right of children to receive information about rights  and  procedures  in  a  child-
friendly  format exists in six jurisdictions (DE, HU, NL, PT, UK-E&W, UK-NI). In all six jurisdictions, 
the right applies in the areas of family and placement in care. The right applies in other areas of 
law in two or three jurisdictions. 

In NL and HU the right covers all areas of law. In the other four jurisdictions (DE, PT, UK-E&W and 
UK-NI), where the right exists, it covers the areas of family and placement in care. In addition, in DE 
such a right also exists for administrative sanctions, and in PT to the areas of asylum and offences 
committed by children below the MACR.

In the six jurisdictions where the right to receive information in a child-friendly format exists, it applies 
most frequently to children as plaintiffs. In HU and NL, the right applies to all roles of the child, in 
PT, UK-E&W and UK-NI the provision applies to plaintiffs, defendants and subjects, and in DE only to 
plaintiffs and defendants. 

The provision of information taking account of special needs of the child 
(CivAdm076b)

Six jurisdictions (DE, HR, NL, PT, UK-E&W and UK-NI) provide children with a statutory right to obtain 
information in a manner that takes into account any special needs. 

32

Where  the  right  exists,  it  applies  most  often  in  the  area  of  placement  in  care  (5  jurisdictions), 
whilst it applies in the other areas of law in one or two jurisdictions. 

In  NL,  the  right  is  provided  in  all  areas  of  law.  Elsewhere  the  right  applies  in  the  areas  of  family 
and placement in care except HR, where it only applies in the area of health. The provision also 
applies in the area of administrative sanctions (DE), and asylum, migration and offences committed 
by children below the age of criminal responsibility (PT).

The right to receive information in a manner that takes into account the special needs of the child 
applies to all roles of the child across different jurisdictions, but most often to plaintiffs, and least 
often to witnesses. In NL and PT the right applies to all roles of the child. In DE, the right applies to 
plaintiffs  and  defendants,  and  this  right  is  extended,  in  addition  to  these  two  roles,  to  subjects  in 
UK-E&W and UK-NI. In HR the right only applies to subjects. 

Guidance (on the provision of information to children in judicial proceedings) to 
judicial or other competent authorities (CivAdmin 069)

Guidance  or  codes  of  conduct for judicial or other competent authorities (e.g. police, immigra-
tion, educational, social or healthcare services) to ensure that children receive information are avail-
able in four jurisdictions (BE, PT, UK-E&W, UK-NI). 

In  the  four  jurisdictions  the  safeguard  applies  in  the  area  of  placement  in  care.  The  safeguard 
applies in all areas of law in BE, in three areas of law in PT (migration, placement in care, offences 
committed  by  children  below  MACR),  and  in  two  areas  of  law  in  UK-E&W  and  UK-NI  (family  and 
placement in care). 

Where  guidance  or  codes  of  conduct  are  available,  they  apply  to  all  roles  of  the  child  across 
different jurisdictions. However, they apply most frequently to plaintiffs and defendants. In UK-E&W 
and UK-NI the guidance does not apply to witnesses. 

Children’s access to information and advice

■  In  24  MS  children  involved  in  civil  and  administrative  judicial  proceedings  have  a  statutory 

right to receive information about their rights and the procedures involved. 

■  However, child-friendly or child-sensitive measures to fulfil and implement this right are less 
frequently  in  place.  These  include:  the  right  to  receive  information  on  the  consequences  of 
participating in judicial proceedings (12 jurisdictions); the right to receive information at first 
contact with the judicial system or other competent authorities (ten jurisdictions); the provi-
sion of information about rights and procedures in a child-friendly format (six jurisdictions) or 
its provision in a manner that takes any special needs of the child into account (six jurisdic-
tions); and, the provision of guidance aimed at judicial and other competent authorities on the 
provision of information to children (four jurisdictions). 

■  Where the safeguards exist, they apply most frequently to children involved as plaintiffs and 

defendants in family and placement in care proceedings.

■  The  limited  amount  of  guidance  on  the  provision  of  information  to  children  to  judicial  and 
other competent authorities raises doubts as to how the safeguards are reflected in practice.

4.3  The protection of the child’s private and family life

This  section  assesses  the  extent  to  which  the  protection  of  children’s  privacy  and  family  life  is 
ensured by considering whether the following safeguards exist in MS:

■  A statutory right to privacy;

■  Discretionary powers of the judge to order the disclosure/non-disclosure of information to third 

parties;

■  Statutory  provision  on  the  protection  of  personal  data,  especially  in  the  context  of  processing, 

storing and transmitting court records;

33

■  Procedures to ensure that the records of children are kept strictly confidential and closed to third 

parties;

■  Mechanisms for the prevention of privacy rights violations by the media;

■  Media self-regulatory measures and the independent monitoring of these measures; and,

■  Support measures to avoid adverse consequences of the proceedings on family relations.

Statutory right to privacy (CivAdm080a)

The statutory right to privacy involves, at minimum, a prohibition on the part of any actor to reveal 
the identity of the child involved in court proceedings. To protect the identity of the child involved in 
court proceedings, the names and other personal information of the parties must also be concealed 
when publishing court judgments (e.g. BG and DE). In a number of MS, in addition, legal professionals 
must  treat  all  information  and  data  concerning  the  case  confidentially.  FR  provides  an  example  of 
this more comprehensive definition of the right to privacy (see Box 6).

In all jurisdictions except CZ, DK and SK, children involved in civil and administrative judicial proceed-
ings enjoy a statutory right to privacy. In DK and SK, court proceedings, including those involving 
children, are public unless the judge makes a non-disclosure order to the contrary. In some countries 
(e.g.  ES,  SE,  UK-E&W,  UK-NI,  UK-S),  certain  categories  of  information  are  subject  to  confidentiality 
rules, but not others. 

For example, in SE, information before the court is public unless subject to confidentiality rules, and 
the  tests  for  confidentiality  are  clearly  delineated  in  legislation.  The  confidentiality  rules  in  SE  are 
also more extensive in certain areas of law (namely, migration, asylum, health and placement into 
care) than others.

Where a statutory right to privacy exists for children, the overall coverage of areas of law is exten-
sive.  The  right  to  privacy  applies  most  frequently  in  the  areas  of  placement  into  care  and 
family (26 and 25 jurisdictions respectively), and least often in the areas of offences committed 
by children below MACR. However, the right to privacy still applies in these areas in the majority 
of jurisdictions (19 and 20 jurisdictions respectively). 

In 13 jurisdictions (BE, BG, CY, EE, EL, FI, HR, HU, LT, LU, LV, PL and RO) the child’s right to privacy 
concerns all areas of law. It applies in all areas except one in five jurisdictions (offences committed 
below  the  minimum  age  of  criminal  responsibility  in  ES,  FR,  SE,  SI,  and  all  except  administrative 
sanctions in IT). In terms of least coverage, in MT the right to privacy applies solely in the area of 
education.

Where the right to privacy is enshrined, it applies most often to child plaintiffs, defendants and 
witnesses  (27  jurisdictions  each),  although  in  the  case  of  plaintiffs,  the  provision  applies  in  more 
areas of law than in the case of defendants and witnesses and less often to subjects (23 jurisdic-
tions, but in very few areas of law). In eight jurisdictions (CY, EE, IE, HR, IT, LU, UK-E&W, UK-NI), the 
right applies to all roles of the child. 

The right to privacy applies to children concerned at all stages of the proceeding in all jurisdic-
tions, except in HR, where it applies only during the proceedings. 

Table  A4.2  maps the coverage of this provision by area of law, role of the child and stage of the 
proceedings.

Box 6 France – Protection of the child’s data during family 
proceedings

Only  parties  to  the  proceedings  and  judicial  officials  have  access  to  the  file  of  a  case.  A  third 
party  (e.g.  Family  Council  or  grandparent)  may  only  consult  the  record  of  the  case,  and  have  a 
copy issued, if s/he proves his/her legitimate interest and the judge authorises him/her to do so. 
Furthermore,  it  is  forbidden  to  disclose  the  identity,  address,  or  other  elements  that  allow  the 
identification of a child who has fled from his/her parents, who is the victim of an offence, or to 
identify the biological family of a child who is subject to a full adoption. 

34

Even disclosure of the real first name of the child, his/her school, or a picture of his/her parents 
is  sufficient  to  constitute  a  criminal  offence.  The  child  may  seek  compensation  through  his/her 
parents in case his/her rights have been infringed. The Public Prosecutor may in his/her own right 
launch a formal lawsuit for children whose right to privacy has been violated. 

Additionally, it is forbidden to disclose any information on the proceedings or publish any evidence 
relating to proceedings on filiation, maintenance allowance, divorce, separation, marriage, or abor-
tion. Any public official who discloses such information would be subject to disciplinary proceedings.

Discretionary powers of the judge to order the disclosure/non-disclosure of 
information to third parties (CivAdm081)

In 17 of the 27 jurisdictions where children involved in proceedings enjoy a statutory right to privacy 
(BE, BG, CY, EE, EL, ES, FI, FR, HR, HU, IE, NL, PL, SE, UK-E&W, UK-NI and UK-S), the judge/court may 
order the disclosure of information related to the proceedings to third parties, e.g. for 
reasons of public safety. 

In seven jurisdictions (DK, ES, SE, SK, UK-E&W, UK-NI  and UK-S),  where the starting point is either 
that proceedings should be public (DK and SK) or that certain information only should be confiden-
tial  (ES,  SE,  UK-E&W,  UK-NI  and  UK-S)  the  judge  (also)  enjoys  discretionary  power  to  make  non-
disclosure  orders  regarding  information  related  to  the  proceedings  (e.g.  for  reasons  of  ensuring 
the child’s safety).

In 10 jurisdictions (BG, EE, FI, HR, HU, IE, PL, ES, SE, and UK-S), the discretionary power of the judge 
to  make  disclosure  orders  applies  in  all  of  the  areas  of  law  where  the  child  enjoys  a  statu-
tory right to privacy. In contrast, in six jurisdictions (CY, FR, EL, NL, UK-E&W, and UK-S), the judge’s 
discretionary  power  to  make  disclosure  orders  applies  only  in  some  of  the  areas  of  law  where  the 
child enjoys a statutory right to privacy. This means that, in the other areas, the judge does not have 
discretionary power to order disclosure of information (for example, in FR, there is a right to privacy 
and no discretion to make disclosure orders in employment, asylum, migration, education, health and 
administrative sanctions).

In seven MS (HR, EE, FI, IE, PL, ES, and SE) the discretionary power of the judge applies to all the 
roles of the child that enjoy the statutory right to privacy. 

Legal obligation to conduct court hearings behind closed doors (CivAdm083)

In all but six jurisdictions (BE, CY, CZ, ES, LU, SK), there is a legal obligation to hold certain types of 
proceedings in certain areas of law in camera. 

For instance, in FR, all civil judicial proceedings held in the Juvenile Court must be conducted behind 
closed  doors;  in  DK,  family  proceedings  concerning  child  custody  must  be  held  in  camera;  and  in 
HR,  disputes  arising  in  connection  with  personal  status  matters  (i.e.  divorce,  maternity  or  paternity, 
protection of the property of children) or adoption must always be conducted in camera. 

This obligation applies most frequently in the areas of family and placement into care (27 MS in 
each case) and least commonly in the area of education (14 MS). In 9 MS (BE, BG, DK, EE, FI, LV, LT, 
PT, and RO) this provision applies to all areas of law. 

Where  this  provision  applies,  it  tends  to  apply  to  children  who  are  witnesses,  plaintiffs  and 
defendants, or to witnesses, plaintiffs, defendants and subjects. There are, however, many 
exceptions. For example, in SE in family matters the provision applies to witnesses and subjects only. 
In PT in placement into care proceedings, the provision applies to only witnesses and subjects. In FI, 
in all areas of law except family and employment, the provision applies only to witnesses and plain-
tiffs. In HU in all areas of law except family, employment, and health, the provision applies only to 
witnesses and plaintiffs.

35

In  the  six  jurisdictions  where  no  such  legal  obligation  exists,  the  judge  has  discretionary  power  to 
order the hearings to be held in camera in BE, CY, ES and SK. Judges also have discretionary power 
to  order  hearings  to  be  conducted  behind  closed  doors  in  those  MS  where  the  legal  obligation  to 
conduct in camera proceedings only applies with respect to certain types of proceedings. They may 
do so for the following reasons: 

■  In order to protect the parties’/participants’ personal or private life (e.g. BG, DE, HR); 

■  In order to protect the parties/participants from potential harm (DK);

■  If it is necessary due to moral considerations (HR);

■  If the subject matter of the case is linked to a personal or professional secret (BG);

■  Where publicity is not in the public interest (BG);

■  For the protection of public order or state security, or to guard military, official; or business secrets 

(HR); or,

■  If the presence of the public would be harmful to the interests of justice (HR).

In certain jurisdictions (e.g. AT, BG, DK, EE, FR, HR), parties to the proceedings may request the court 
to order in camera proceedings. In BG children below 14 years may request in camera proceedings 
either through their parents/guardians, or in their own name if they are over 14 years of age, with 
their parents’ consent.

Recordings  of  in  camera  court  proceedings  are  prohibited  (see  further  below  on  regulation  of  the 
media).

Statutory provision on the protection of personal data, especially in the context of 
processing, storing and transmitting court records (CivAdm085)

The  statutory  right  of  children  to  the  protection  of  their  personal  data,  especially  in  the 
context  of  processing,  storing  and  transmitting  court  records is provided for in all juris-
dictions except CZ. The provision applies in all areas of law in 21 jurisdictions (all except CY, SI, ES, 
SE, IT, IT, NL, and UK-S). In CY, SI, and ES, the provision does not apply to offences committed below 
MACR. In IT and UK-S, the prevision does not apply to administrative sanctions, in NL the provision 
does not apply to either of these areas. In SE the provision does not apply in family, employment or 
offences committed below MACR and in IE the provision applies only in family and placement in care. 

Where this provision applies it typically applies to children who are witnesses, plaintiffs, and defend-
ants,  or  witnesses,  plaintiffs,  defendants  and  subjects.  However,  there  are  many  exceptions.  For 
example: in FR, the provision does not apply to witnesses in any area of law except family matters; 
in  EL,  the  provision  does  not  apply  to  witnesses,  plaintiffs,  or  defendants  in  placement  into  care 
matters;  in  HU,  the  provision  does  not  apply  to  defendants  in  asylum,  migration,  education,  place-
ment  into  care,  or  offences  committed  below  MACR;  in  NL,  the  provision  applies  only  to  plaintiffs 
in  the  areas  of  health  and  placement  into  care;  in  PT,  the  provision  does  not  apply  to  plaintiffs  or 
defendants or children in other roles in placement into care proceedings.

Box 7 Malta – Protection of a child’s personal data

Where any person acting in a professional capacity in civil judicial proceedings obtains informa-
tion in relation to a child, he or she may process the information if such processing is in the best 
interests of the child. 

36

Where  personal  data  is  being  processed,  the  consent  of  the  parents  or  other  legal  guardian  of 
the child will not be required if this may be prejudicial to the best interests of the child. In such a 
case, the parent or other legal guardian will not have access to any personal data held in relation 
to such child. 

This  would  apply  also  in  relation  to  information  obtained  by  persons  acting  in  a  professional 
capacity in civil judicial proceedings.

Procedures to ensure that the records of children are kept strictly confidential and 
closed to third parties (CivAdm086a)

In 26 jurisdictions (all except CZ, LU, ES, and UK-S) procedures exist to ensure that the records of 
children  are  kept  strictly  confidential  and  closed  to  third  parties. In 18 MS (AT, BE, BG, 
HR, DK, EE, FI, DE, EL, HU, LV, LT, PL, PT, RO, SK, UK-E&W, UK-S) these procedures exist in all areas of 
law. Of the jurisdictions which have such provisions, they apply most frequently in the area of place-
ment into care (all except MT); in family matters, the provision applies in 24 MS (all but SE and IT); 
in asylum matters, the provision applies in 24 MS (all but FR and IE); in health matters, the provision 
applies in 24 MS (all but FR and MT); in migration and education matters, the provision applies in 23 
MS (all but FR, IE, and MT); in employment the provision applies in 21 MS (all but FR, IE, IT, MT, and 
SE);  in  administrative  sanctions  the  provision  applies  in  21  MS  (all  but  FR,  IE,  IT,  MT,  and  NL).  The 
provision applies least frequently in the area of criminal offences committed below MACR (in 
19 MS, all except CY, FR, IE, MT, NL, SL, and SE). 

Where  this  provision  applies,  it  typically  applies  to  children  in  the  roles  of  witnesses,  plaintiffs  and 
defendants with five exceptions. In FI, the provision does not apply to defendants except in family 
matters. In HU, the provision does not apply to plaintiffs or defendants in any areas of law, except 
administrative sanctions, where it applies to defendants only. In NL, where the provision applies, it 
applies only to plaintiffs except in family law where it applies to children in all roles. In PL, the provi-
sion does not apply to witnesses or defendants in asylum, migration, education and health matters, 
and does not apply to defendants in placement into care matters. In PT the provision does not apply 
to defendants in employment, asylum, migration, education and health matters and does not apply 
to plaintiffs or defendant in placement into care. Where the provision applies to the role of witnesses, 
plaintiffs and defendants, if frequently applies to subjects and other roles as well. 

Where this provision applies, it applies at all stages of proceedings. 

Table A3.8 provides an overview of the different procedures per section of law and jurisdiction.

Prevention of privacy rights violations by the media (CivAdm089)

All  jurisdictions  except  for  six  (BE,  CZ,  DE,  EE,  MT  and  SE)  provide  for  legislative  measures  to 
prevent violations of children’s privacy rights by the media at all stages of the proceed-
ings.  The  measures  applies  most  frequently  (in  all  24  jurisdictions)  in  family  and  placement  in 
care, and least frequently in offences committed below the age of criminal responsibility 
(18 jurisdictions). 

In 16 out of the 24 jurisdictions where such legislative measures exist, the provision applies in all 
areas  of  law  (AT,  BG,  DK,  EL,  FI,  HR,  HU,  LT,  LU,  LV,  PL,  PT,  RO,  SK,  UK-E&W  and  UK-NI).  In  five 
jurisdictions the measures apply in all but one area of law: administrative sanctions in IT, offences 
committed below the age of criminal responsibility in CY, ES, FR and SI. In NL they apply in all areas 
but administrative sanctions and offences committed below the age of criminal responsibility. In IE 
and UK-S, the measures only apply in three areas of law (family, placement in care in both, health 
and offences committed below the minimum age of criminal responsibility respectively). 

In  those  jurisdictions  where  the  legislative  measures  exist,  they  apply  most  often  to  children  as 
plaintiffs in judicial proceedings, followed closely by witnesses, then defendants. The measures 
apply least frequently in the case of subjects. The measures apply to all roles of the child in judi-
cial proceedings in all jurisdictions concerned except in AT, LT, LV and SK, where they do not apply to 
subjects. 

Table  A4.3  gives  an  overview  of  the  existence  of  legislative  measures  to  prevent  violations  of  the 
privacy rights of children by the media at all stages of the proceedings.

37

Media self-regulatory measures and independent monitoring of these measures 
(CivAdm090 and 092) 

The media  implement  self-regulatory  measures in 22 jurisdictions (BE, BG, CY, DE, DK (see 
Box  8),  EE,  ES,  FI,  HR,  HU,  IE,  IT,  LT,  LV,  MT,  PT,  SE,  SI,  SK,  UK-E&W,  UK-NI  and  UK-S)  to  protect 
the child’s right to privacy, such as a code of ethics. Independent monitoring (non-media) of media 
self-regulatory measures exists in sixteen jurisdictions (BE, BG, CY, DK, EE, HR, IE, IT, LT, MT, PT, SK, 
UK-E&W, UK-NI and UK-S). In respect of RO, the National Council of Audio-visual is an independent 
State  institution  which  monitors  the  legal  provisions  in  the  field  of  audio-visual  media.  It  does  not 
monitor self-regulatory measures applied by the media. 

Where  media  self-regulatory  measures  and  the  independent  monitoring  of  these  measures  apply, 
they  do  so  in  all  areas  of  law,  with  only  a  few  exceptions:  In  five  jurisdictions  self-regulatory 
measures apply in all areas but one (CY, ES and SI - offences committed below MACR; IT and 
UK-S – administrative sanctions). In SE self-regulatory measures apply in all areas except family, 
employment and offences committed below the age of criminal responsibility.

Wherever  self-regulatory  measures  are  in  place,  they  apply  to  child  witnesses,  plaintiffs  and 
defendants with four exceptions (FI, HU, PT and ES). In FI, this provision does not apply to defend-
ants  except  in  family  matters.  In  HU,  this  provision  does  not  apply  to  defendants  except  in  family, 
employment, health and administrative sanctions. In PT, this provision does not apply to defendants 
except in family, administrative sanctions, and offences committed below MACR. In ES, the provision 
does not apply to defendants. In many jurisdictions in areas of law where self-regulatory measures 
are in place they apply to subjects and, occasionally, to other roles as well. The same exceptions as 
above apply to monitoring of self-regulatory measures, except that in HU and ES, there is no such 
provision. 

Both provisions apply least to subjects. They apply to all roles of the child in all jurisdictions in at 
least one area of law except in DE, LT, LV, SE and SK where they do not apply to subjects. 

Examples of the independent monitoring bodies include:

■  The independent, non-governmental Cyprus Media Complaints Commission (CY)

■  The Press Council (DK)

■  Office of the Inspector of Journalist Ethics (LT)

Box 8 Denmark – The media’s self-regulatory ethical rules 

In  civil  court  cases,  including  family  cases,  the  media  is  bound  by  self-regulatory  ethical  rules, 
which regulate the way the media can report on court proceedings. The ethical rules are overseen 
by the Press Council which is an independent, public tribunal dealing with complaints about the 
mass media. 

There are no child-specific rules in the Press Ethical Rules. In general, according to the Press Ethical 
Rules: “The mention of a person’s family history, occupation, race, nationality, creed, or member-
ship of organisations should be avoided unless this has something directly to do with the case”. 

The  Press  Council  can  express  its  criticism  and  may  direct  the  editor  to  publish  the  decision  of 
the  Council  to  an  extent  specified  by  the  Council.  However,  the  Press  Council  cannot  impose  a 
sentence on mass media or assure the complainant financial compensation.

Right to family life: existence of support measures to avoid adverse consequences 
of the proceedings on family relations (CivAdm088)

Guidance and support measures for children and their families by specialised services are available 
in 18 jurisdictions (AT, BG, CY, DE, DK, EE, EL, HU, FI, FR, MT, PT, SE, SI, SK, UK-E&W and UK-NI). The 
specialised services support the family to avoid adverse consequences of the judicial proceedings on 
their family relations. Twelve of these jurisdictions offer such guidance and support measures free of 
charge (AT, CY, DK, EE, FI, FR, DE, MT, PT, SK, SI, and SE). 

38

In those jurisdictions where the provision exists, it applies in all jurisdictions in the area of family, 
followed by placement  in  care (15 jurisdictions). Seven MS (AT, BG, DE, EE, FI, MT, and SK) offer 
support measures in all areas of law, and in CY and SI in all but offences committed below the age 
of criminal responsibility. 

Where the guidance and support measures exist, they apply most often to plaintiffs, followed by 
defendants and witnesses, and apply least to subjects. They apply to all roles of the child in 10 
MS. In AT and DE they do not apply to subjects, in SK, UK-E&W and UK-NI not to witnesses. In EL, HU 
and SE, where the measures apply only in the area of family, they only concern witnesses in the case 
of EL, subjects in HU, and witnesses, plaintiffs and subjects in SE. 

The  measures  are  available  in  all  jurisdictions  at  all  stages  of  the  proceeding,  except  in  BG 
where they apply only during and after the proceeding. 

Types of guidance and support measures include:

■  social services when acting as a legal representative, i.e. unaccompanied children seeking asylum 
or children under the care of social services; the Child Commissioner in cases when fundamental 
rights issues are involved (CY)

■  youth services may participate in proceedings before the family court to support the child and 

explain to him/her the proceedings in a child-friendly manner (DE)

■  In some civil guardianship procedures: family mediation services, the Commission for the Protec-

tion of Children and Juveniles (CPCJ), and social services (PT)

■  A guardianship court may direct the child and his/her parents to a therapy and monitor results of 

the therapy (PL)

In order to avoid adverse consequences on family relations, e.g. in AT, EL and PT, child witnesses have 
the right not to testify against parties who are close relatives.

Children’s right to private and family life

■  Almost  all  jurisdictions  guarantee  children  involved  in  civil  and  administrative  proceedings 
the  statutory  right  to  privacy  (27  jurisdictions)  and  protection  of  their  personal  data  (all  29 
jurisdictions). 

■  Professionals directly involved in the proceedings are largely bound by confidentiality rules. 

■  The right to privacy must be balanced against the right to freedom of information and expres-
sion. Nevertheless, in the majority of jurisdictions, legislative provisions (24 jurisdictions) and 
self-regulatory measures (22 jurisdictions) aim at preventing violations of the privacy rights of 
children by the media. 

■  Support measures exist in 28 jurisdictions to avoid adverse consequences of the proceedings 

on family life. 

■  The  above  listed  measures  apply  most  frequently  to  children  involved  as  plaintiffs,  defend-
ants  and  witnesses  in  family  and  placement  in  care  proceedings.  In  many  jurisdictions,  the 
relevant measures often do not cover children as subjects.

4.4  The child’s right to be heard and to participate in civil 

and administrative judicial proceedings

This  sub  section  examines  the  extent  to  which  MS  have  developed  legislation  and  policies  to  give 
effect  to  the  child’s  right  to  be  heard  in  civil  and  administrative  judicial  proceedings.  In  particular: 
whether there is a statutory right to be heard; whether guidance for judicial authorities is provided; 
and, whether there is a statutory right to interpretation or translation.

39

Express right to be heard exists in legislation (CivAdm127)

An express right to be heard exists in 26 jurisdictions. In 15 out of these (AT, BE, BG, HR, CZ, DK, 
EE, FI, DE, HU, LV, LU, RO, SK, UK-E&W), the right applies in all areas of law to children in certain 
roles. In four other jurisdictions, the right applies  in  all areas  of law except in one or two areas (in 
CY and ES, the exceptions are offences below MACR; in EL, placement in care; in NL, administrative 
sanctions and offences below MACR). 

There  are  very  few  jurisdictions  where  an  express  right  to  be  heard  only  applies  in  three  or  fewer 
areas of law. This is the case in PT (where it applies in family law and offences below MACR only); in 
SI (where it applies in family and asylum proceedings only); and in UK-S (where it applies in family, 
placement in care and offences below MACR only).

The  express  right  to  be  heard  applies  most  frequently  to  plaintiffs  and  defendants  (in  24 
jurisdictions, although in the case of defendants, it applies in fewer areas of law); it applies some-
what less frequently to subjects (21 jurisdictions); and least frequently to witnesses (17 jurisdictions). 
Children  who  are  called  upon  to  be  witnesses  in  a  proceeding  often  have  an  obligation  to  testify 
rather than a right to be heard. 

Table A4.4 maps the coverage of this provision across MS by area of law and role of the child. 

Age  limitations  frequently  apply  to  the  right  to  be  heard.  In  most  cases,  children  below  this 
age may be heard, but the decision is at the discretion of the court. The age limitations range from 
10 years of age in BG and RO (for all areas of law except employment in the case of BG), 12 years 
of age in NL (for employment, health, education and most types of family cases), 14 years of age 
in DE and PT (for family cases), and 15 years of age in FI (for all areas of law). In some countries 
(e.g.  CZ,  EE),  there  are  no  age  limitations,  and  it  is  up  to  the  judge  to  decide,  on  a  case-by-case 
basis, depending on the child’s maturity and ability to understand the proceedings, whether the child 
concerned should be heard. In CY, case-law foresees that the court must take the child’s wishes into 
account at the age of 14 for boys and 16 for girls. 

The scope of the right to be heard varies across jurisdictions. There are Member States, such 
as HR and FI, where children above a certain age have the right to be interviewed, provide evidence, 
receive court rulings directly, intervene in the proceedings and enforce their legal rights; whereas in 
other Member States, such as SI and SK, the right to be heard for children of any age is restricted to 
being interviewed in private by the judge, who may or may not take the child’s views into account. 

The  scope  of  the  right  to  be  heard  also  varies  within  jurisdictions,  depending  on  the  area  of  law 
concerned. The most expansive definitions of the right to be heard tend to apply in the area of family 
law. For example:

■  In DE, children 14 years of age and above have the right to be heard in matters regarding their 
care,  custody  or  contact  before  the  Family  Court  (even  younger  children  may  be  heard  in  the 
Family Court if this appears necessary and useful); however, in migration or asylum proceedings, 
children need to be 16 years of age in order to be heard.

■  In  PT,  the  law  expressly  requires  the  child’s  hearing  in  cases  regarding  parental  responsibility/
custody when there is a disagreement between the two parents. In these cases, before deciding 
on the relevant issue, the judge must first hear the child. However, there is no obligation to hear 
the child in other civil proceedings, where it is at the judge’s discretion who should be admitted 
to testify.

Where no express right to be heard exists for child plaintiffs or defendants (FR, IE, IT and MT), it is up 
to their adult representative (parent, lawyer or guardian) to decide whether to consult with and voice 
the child’s opinions. In IE, a recent proposed constitutional amendment states that provision shall be 
made by law to ensure that, as far as possible, the voice of the child is heard and given due weight in 
any proceedings brought by the State concerning the safety and welfare of the child, or any proceed-
ings concerning adoption, guardianship, custody or access to a child. In order for the voice of the child 
to be heard, the child must be capable of forming his or her own views and the weight to be given 
to the views of the child will depend on the age and maturity of the child. The proposed amendment 
has not yet come into effect because of a legal challenge.

40

In  several  MS  (e.g.  BG,  CZ,  EL,  FI,  HU,  LT,  LV,  NL,  PL),  children  participating  in  the  proceedings  in 
‘other roles’ (i.e. they are neither parties to the case nor considered witnesses or subjects) have the 
right to be heard by the judge in specific types of proceedings which concern them. These types of 
proceedings include adoption cases, foster care placements, cases relating to parental authority and 
cases concerning access rights in the context of divorce. In these cases, children must often give their 
consent before a judge is able to issue a decision. This right to be heard for children in ‘other roles’ 
also exists in FR, IE, IT and MT, where no specific provisions are made for the right to be heard for 
child plaintiffs or defendants.

Guidance for judicial authorities (CivAdm128)

Besides  the  provisions  contained  in  national  legislation,  four  jurisdictions  (NL,  PL,  UK-E&W  and 
UK-NI) have developed guidance or codes of conduct for judicial authorities to ensure that the right 
to  be  heard  of  the  child  is  respected.  In  the  case  of  PL,  the  guidance  concerns  recommendations 
aimed  at  judicial  authorities  on  how  children  should  be  interviewed.  While  these  recommendations 
are drafted with children involved in criminal proceedings in mind, they are frequently used by profes-
sionals working in civil judicial proceedings. 

In UK-E&W and UK-NI, the guidance is tailored more precisely to children involved in specific types 
of civil or administrative judicial proceedings. In UK-E&W, there is specific guidance tailored for judi-
cial  authorities  to  ensure  that  the  right  to  be  heard  of  the  child  is  respected  in  asylum,  migration, 
education, health and placement in care proceedings. (For more details on the guidance available in 
UK-E&W for judicial authorities involved in education and placement in care proceedings, see Box 9 
below.) In UK-NI, there is specific guidance tailored for judicial authorities to ensure that the right to 
be heard of the child is respected in asylum, migration and placement in care proceedings.

Box 9 England and Wales – guidance on the right to be heard of 
children for judicial authorities in specific types of proceedings 

Proceedings linked to school admissions and exclusions

Appeals  against  administrative  decisions  on  admission  to,  and  exclusion  from,  school  are  heard 
by  review  panels.  Such  panels  perform  a  judicial  function  which  is  separate  from  tribunals  and 
administrative courts.

The  Schools  Admissions  Appeals  Code  establishes  that,  in  admissions  and  exclusion  appeals, 
where the child is the appellant (plaintiff), he/she may be represented or accompanied by a friend. 
It  also  states  that  appeal  panels  must  allow  appellants  (plaintiffs)  the  opportunity  to  appear 
in person and make oral representations. In England, when a parent’s and a child’s appeals are 
heard jointly, the panel must give both the parents and the child the opportunity to present their 
cases. In Wales, if the child wishes to appear at the hearing to give evidence, provision should be 
made for him/her to do so and the conduct of the panel should reflect that a child is present.

Proceedings linked to placement in care

In proceedings related to placement in care, the Family Court may appoint a Children’s Guardian 
from the Children and Family Court Advisory Service (Cafcass) to represent the child subject. The 
Children’s Guardian must advise the court inter alia on the child’s wishes. 

Cafcass has issued specific guidance for Children’s Guardians on how to ensure that the wishes of 
the child are understood and represented. The guidance also extends to the court’s general duty, 
when considering whether to make, vary or discharge a specific order relating to children, to have 
regard to the ascertainable wishes of the child concerned (considered in the light of their age and 
understanding).

The statutory right to interpretation or translation (CivAdm133)

An  important  pre-condition  to  give  effect  to  the  right  to  be  heard  for  children  involved  in  judicial 
proceedings who do not speak the local language is the right to interpretation or translation. 

41

Children  have  a  statutory  right  to  interpretation  and  translation  services  in  order  to 
support  their  right  to  be  heard  in  all  jurisdictions  except  FR,  IE,  PT,  UK-E&W,  UK-NI  and  UK-S.  In 
UK-E&W and UK-NI, whilst no right to interpretation and translation exists in legislation, the Courts 
and Tribunals service provides language interpreters in civil and family proceedings in cases including 
domestic violence and those involving children. This is also the case in IE and PT in respect of certain 
types of proceedings.

Where a statutory right to interpretation and translation services exists for children, it applies to all 
areas of law in 14 MS (AT, BE, BG, HR, CZ, DK, FI, DE, HU, LT, MT, RO, SK, SI) and to almost all areas 
of law in nine other MS (CY, EE, EL, ES, IT, LU, LV, NL, SE). The statutory right to interpretation and 
translation tends to apply least frequently to the areas of administrative sanctions and 
offences below MACR.

The  statutory  right  to  interpretation  and  translation  applies  most  frequently  to  plaintiffs  (25  MS), 
defendants  (22),  witnesses  (20)  and  least  frequently  to  subjects  (14).  The  right  tends  to  apply  to 
witnesses in more areas of law than to defendants. 

Table A4.5 maps the coverage of this statutory right by area of law and role of the child across all 
jurisdictions.

The child’s right to be heard and to participate

■  Through written legislative provisions, all countries except FR, IE, IT and MT provide children 
involved in civil or administrative judicial proceedings with an express right to be heard in one 
form or another during the course of the proceedings. 

■  However, where such an express right to be heard exists, it tends to apply to children above 
a certain age only, and to children in certain roles (most frequently plaintiffs and defendants) 
and certain areas of law only (most frequently in areas of family and placement in care).

■  Guidance for judicial authorities on how to implement the right to be heard of children only 

exists in four jurisdictions. 

■  Children have a statutory right to interpretation and translation in all but six jurisdictions. The 
right often does not apply to children as subjects, and it applies least frequently in the areas 
of administrative sanctions and offences committed below the MACR

4.5  Safeguards to protect children from harm in judicial 

proceedings and during interviews

Even in MS where children have a right to make their views and opinions heard (see Section  4.4), 
this right may be compromised if parallel safeguards are not made to ensure that the burden and 
hardship of being involved in civil or administrative judicial proceedings are minimised and that the 
child is supported throughout the process. These safeguards include: 

■  Provisions in place to avoid undue delay; 

■  Adaptations  to  the  court’s  physical  setting,  including  the  possibility  for  the  child  to  give  testi-

mony through video-link; 

■  Ensuring that interviews are conducted in a child-friendly manner; 

■  Making support persons/support services available to the child; 

■  Ensuring that proceedings do not cause psychological harm to the child, including by protecting 

the child from harmful images or information; and,

■  Possibility of imposing protection measures during the proceedings (e.g. temporary child custody) 
including  from  individuals  involved  in  the  proceedings  or  related  to  the  case  (e.g.  restraining 
orders).

42

4.5.1  Avoiding undue delay

Legal obligation to avoid undue delay in the handling of cases involving children 
(CivAdm105)

In 25 jurisdictions there is a legal obligation for judicial authorities to avoid undue delay in their 
handling of cases involving children. The exceptions are DK, IE, IT, MT and UK-S. 

The  legal  obligation  applies  most  frequently  in  the  areas  of:  placement  into  care  (23  jurisdic-
tions);  family  (22  jurisdictions);  asylum  (21  jurisdictions);  and  migration  (20  jurisdictions).  It 
applies least frequently in the areas of employment (14 jurisdictions) and administrative sanctions 
(16 jurisdictions).

In 13 jurisdictions, the legal obligation applies in all areas of law (AT, BE, BG, CZ, DK, EE, DE, LV, 
LT, PL, SK, UK-E&W, UK-NI). In five MS (CY, EL, HR, LU, NL), the provision applies in all areas of law 
except one or two; and in four MS (FR, PT, RO and SI) the provision applies in three or fewer areas of 
law. 

The legal obligation applies most frequently to child plaintiffs (in all 25 jurisdictions) and defend-
ants (in 23 jurisdictions), and in a fewer number of jurisdictions to witnesses (16 jurisdictions) and 
subjects (15 jurisdictions). The provision applies to all four roles of the child (plaintiffs, defendants, 
witnesses and subjects) in seven MS, but usually only in respect of some areas of law. 

The  legal  obligation  applies  most  frequently  before  the  proceedings  (in  all  25  jurisdictions  i.e. 
judicial authorities are under an obligation to accelerate as much as possible the start of proceedings 
in cases that involve children) and during the proceedings (in 24 jurisdictions i.e. these should be 
as short as possible). However, in 15 jurisdictions there is also an obligation for judicial authorities to 
avoid undue delay in the conduct of enforcement proceedings. 

Table A4.6 maps the coverage of this safeguard by area of law and role of the child and stage of 
the proceedings (before the proceedings; during the proceedings; and during enforcement proceed-
ings) across all jurisdictions.

Guidance for judicial authorities on avoiding undue delay (CivAdm106)

In six of the 25 jurisdictions where there is a legal obligation to avoid delay guidance is provided 
to judicial authorities on how to achieve this (CZ, EE, FI, SI, UK-E&W and UK-NI). This guidance 
applies in all areas of law in only CZ, EE, UK-E&W and UK-NI. It is limited to family and placement 
into care proceedings in FI and IE and in education proceedings in SI.

The  guidance  for  judicial  authorities  applies  to  children  in  all  roles  in  CZ,  EE,  FI  (as  regards  family 
law), and IE. In SI, the guidance applies to children in the role of subjects only; and in UK-E&W and 
UK-NI the guidance applies to plaintiffs, defendants and subjects. 

In IE and SI, the guidance focuses on the particular needs of children (and other vulnerable groups). 
In the other five jurisdictions (CZ, EE, FI, UK-E&W and UK-NI), the guidance refers to avoiding undue 
delay in proceedings involving adults and children alike, although in the case of CZ there are addi-
tional child-specific provisions in certain areas of law (see Box 10). 

In six of the 25 jurisdictions where there is a legal obligation to avoid delay (BG, CZ, EE, PL, PT and 
SI), there is a mechanism  or  body  to  monitor  the  implementation  of  the  urgency  prin-
ciple in respect of judicial proceedings involving children (CivAdm108). 

Where such a monitoring mechanism exists, it applies in all areas of law but not always in relation 
to all roles of the child. In CZ, EE and PT, the monitoring mechanism does apply to children in all four 
roles (plaintiffs, defendants, witnesses and subjects). However, in PL and SI, it only applies to child 
plaintiffs, defendants and subjects, and in BG only to plaintiffs and defendants. 

The monitoring mechanisms vary and include the possibility of issuing a complaint (e.g. to the supe-
rior judicial council in SI or to the court’s chairperson in CZ). In BG, a child can appeal the decision of 
a court to a higher court on grounds of undue delay.

43

Box 10 Avoiding undue delay in judicial proceedings involving 
children – Czech Republic 

Judicial authorities in the Czech Republic are under a general legal obligation to avoid undue delay 
in  the  conduct  of  civil  and  administrative  judicial  proceedings.  According  to  the  Civil  Procedure 
Code  of  the  Czech  Republic,  once  civil  proceedings  are  started,  the  court  must  proceed  so  that 
matters are discussed and decided as soon as possible. The presiding judge is under the obliga-
tion to prepare the hearing in a way that it would be possible to make a final decision in a single 
hearing.

Whilst  this  general  legislation  does  not  distinguish  between  cases  involving  children  from  those 
involving adults, additional provisions exist aimed at accelerating cases involving children in rela-
tion to specific areas of law.

In  proceedings  regarding  international  child  abduction,  there  are  special  time  limits  in  which 
the  court  or  a  participant  must  act.  The  court  must  within  three  days  after  the  initiation  of  the 
proceeding  impose  the  obligation  on  the  defendant  to  make  a  written  statement  within  seven 
days. If the defendant does not respond to the court within the seven days or does not say within 
the time limit what serious reasons prevent it from doing so, it is concluded that he/she waives 
his/her  right  to  participate  in  the  hearing  and  that  he/she  does  not  have  any  objections  against 
the  proposal  to  return  the  child.  The  court  shall  render  its  final  judgment  within  six  weeks  from 
the initiation of the proceedings. The court might prolong this term, if there are serious grounds 
for doing so.

Legal remedies

In mental healthcare proceedings, if the court violates the child’s rights by issuing a delayed deci-
sion,  the  child  is  entitled  to  file  a  civil  complaint  against  the  State,  through  his/her  legal  repre-
sentatives, and request compensation for the damage caused.

4.5.2  Adaptations to the court’s physical setting 

Legal obligation to conduct court hearings with children in a non-intimidating and 
child-friendly environment (CivAdm109)

In  13  jurisdictions  (CY,  FR,  EL,  HU,  IE,  IT,  LU,  MT,  NL,  PL,  SI,  UK-E&W  and  UK-NI)  there  is  a  legal 
obligation  to  conduct  court  hearings  with  children  in  a  non-intimidating  and  child-
friendly  environment.  In  some  of  these  jurisdictions,  the  provision  only  applies  to  children  who 
are under a certain age (e.g. in NL, the obligation to hear a child in a child-friendly studio only applies 
to children below the age of 12.)

This requirement is achieved in different ways in the different jurisdictions concerned:

■  By conducting the hearings in camera (CY, MT);

■  By conducting the child’s examination separately e.g. EL, IE, LU);

■  By conducting the child’s examination outside of the court-room e.g. in the judge’s office, or in a 

child-friendly studio (FR, NL, PL);

■  By seating the child in such a way so that his or her gaze does not meet that of the other party 

(FR);

■  By conducting the hearing in a manner that is as informal as possible while still consistent with 

the administration of justice (IE);

The legal obligation applies most frequently in family and placement in care (all 13 jurisdictions, 
except EL and MT where the provision only applies to placement in care). The areas of law where the 

44

provision applies least frequently are administrative sanctions (in CY, PL and SI) and offences 
below MACR (HU, IT and PL).

The legal obligation applies to children involved in the proceedings in all roles (plaintiffs, defend-
ants, witnesses or subjects) in seven out of the 13 jurisdictions concerned. 

The provision applies most frequently to child subjects (12 jurisdictions), child witnesses (11 juris-
dictions); and child plaintiffs and defendants (9 jurisdictions). Where the provision applies to child 
plaintiffs and defendants, it tends to do so in a greater number of areas of law than in the case of 
child subjects and witnesses. 

Statutory provision to ensure that evidence provided through audio-visual 
recordings is admissible (CivAdm112)

Another adaptation to the court’s physical setting that exists in certain jurisdictions is the possibility 
for children to participate in the proceedings without being physically present. This is guaranteed in 
19 jurisdictions through a statutory  provision  to  ensure  that  evidence  provided  through 
audio-visual recordings is admissible (CZ, EE, FI, DE, EL, IT, HR, LV, LT, NL, PL, PT, RO, SE, SI, SK, 
UK-E&W, UK-NI and UK-S). 

This provision applies to children in all areas of law in six jurisdictions (CZ, EE, LT, PT, SK and UK-NI). 
The provision applies most frequently in the areas of placement into care and family (16 and 
15 jurisdictions, respectively). It applies least frequently in the areas of administrative sanctions 
(9 jurisdictions) and migration, asylum, education and health (10 jurisdictions each).

The  provision  applies  most  often  to  child  witnesses  (in  all  19  jurisdictions  concerned);  to  child 
plaintiffs (in 17 jurisdictions); and to child defendants (in 15 jurisdictions); and least frequently to 
children who are subjects of the proceedings (in 11 jurisdictions). 

Table A4.7 maps the coverage of this statutory provision by role of the child and area of law across 
all jurisdictions. 

4.5.3  Conducting interviews in a child-friendly manner

In  eight  jurisdictions  (EE,  HU,  IT,  LU,  PL,  PT,  UK-E&W,  UK-NI),  statutory  provisions  exist  to  ensure 
interviews  with  children  are  adapted  to  the  child’s  pace,  attention  span  and  any 
communication difficulties that the child may have (CivAdm117). 

The  provision  applies  most  frequently  in  the  areas  of  family  and  offences  committed  below 
MACR  (in  five  jurisdictions  each).  The  provision  applies  least  frequently  in  the  areas  of  employ-
ment, asylum, migration, education and health (in one jurisdiction each). 

The  provision  applies  in  all  areas  of  law  only  in  EE.  In  the  other  seven  jurisdictions,  the  provi-
sion  applies  in  one  or  two  areas  of  law  only:  it  applies  to  placement  into  care  and  offences 
committed below the minimum age of criminal responsibility in LU and PT; to administrative sanc-
tions and offences committed below the age of criminal responsibility in PL; to family and placement 
into care in UK-E&W; to family and administrative sanction in UK-NI; only to family in HU; and only to 
offences committed below the age of criminal responsibility in IT.

As regards the roles of the child, the provision applies to children in all roles in three MS (EE, LU 
and IT). Across the eight jurisdictions concerned, the provision applies to child plaintiffs or defend-
ants  most  often  (in  seven  jurisdictions);  then  to  child  subjects  (in  six  jurisdictions);  and  to  child 
witnesses in five jurisdictions. 

In five of the eight jurisdictions concerned (IT, PL, PT, UK-E&W and UK-S), guidance for court staff 
regarding  the  adaptations  required  to  interviews  in  the  case  of  children  additionally  exist 
(CivAdm118). Such guidance also exists in UK-S even though it has not adopted a statutory provision 
to ensure interviews with children are adapted to the child’s pace, attention span and communication 
skills. 

The  guidance  most  frequently  applies  in  the  areas  of  asylum,  migration  and  offences 
committed  below  MACR (each in five jurisdictions). The guidance applies least frequently in the 
areas of employment and education (each in two jurisdictions).

45

In UK-S, the guidance for court staff regarding adaptations required to interviews only applies in the 
areas of asylum and migration. In the other jurisdictions, the guidance applies in more areas of 
law than the areas that are covered by the corresponding statutory provisions: 

■  In PT, the guidance applies in all areas of law; 

■  In  UK-E&W  and  UK-NI,  the  guidance  applies  in  all  areas  of  law  except  employment  and 

education; 

■  In IT, the guidance applies in all areas except family, employment and administrative sanctions; 

and, 

■  In  PL,  the  guidance  applies  in  the  areas  of  family,  employment,  administrative  sanctions  and 

offences committed below the age of criminal responsibility. 

The guidance for court staff regarding adaptations required to interviews applies to children in  all 
roles in four jurisdictions (IT, UK-E&W, UK-NI and UK-S). 

In PL and PT, it also applies to children in all roles in proceedings relating to family law; in other 
areas of law, the guidance does not apply to subjects and / or defendants (in PL, it does not apply to 
subjects in employment, administrative sanctions and offences committed below the age of criminal 
responsibility; in PT, it does not apply to subjects nor defendants in employment, asylum, migration 
and health).

4.5.4 

Presence of support persons and/or support services 

Another  way  of  protecting  children  involved  in  civil  or  administrative  proceedings  from  harm  is  to 
ensure  that  the  child  is  accompanied  by  an  appropriate  support  person.  In  22  jurisdictions,  this  is 
achieved  by  making  it  a  mandatory  requirement  for  a  legal  representative,  guardian, 
guardian  ad  litem,  adult  relative,  or  a  lawyer  to  be  present  when  a  child  is  interviewed 
(CivAdm144).  The  exceptions  are  BE,  CY,  FI,  IE,  LU,  MT,  SK  and  UK-S,  where  no  such  requirement 
exists.

Across  all  of  the  jurisdictions  concerned,  the  requirement  applies  most  frequently  in  the  areas  of 
family and placement into care (19 jurisdictions each). It applies least frequently in the areas of 
employment and administrative sanctions (14 jurisdictions each).

In more than half of the jurisdictions concerned (12), the mandatory requirement for a legal repre-
sentative, guardian, guardian ad litem, adult relative, or a lawyer to accompany the child during inter-
views applies in all areas of law. 

As regards the role of the child, the provision applies most frequently to child plaintiffs or defend-
ants (in 20 jurisdictions each) and in a smaller number of jurisdictions to child subjects (14 jurisdic-
tions) and witnesses (nine jurisdictions).

In six jurisdictions (BG, CZ, FR, IT, RO and SI), the mandatory requirement for a legal representative, 
guardian,  guardian  ad  litem,  adult  relative,  or  a  lawyer  to  be  present  when  a  child  is  interviewed 
applies to all roles of the child (plaintiffs, defendants, witnesses and subjects) but not always in all 
of the possible areas of law: 

■  In BG, the provision applies to all four roles but not in the employment area, where it only applies 

to witnesses; 

■  In CZ and FR, the provision applies to all four roles but only in the areas of family and placement 

into care; 

■  In IT, the provision applies to all four roles in all of the areas of law; 

■  In RO, it applies to all four roles but only in the area of family law; and, 

■  In SI, it applies to all four roles but only in family, migration, education and placement into care.

In 24 jurisdictions, in addition to (or in a few cases instead of) the mandatory requirement for a legal 
representative, guardian, guardian ad litem, adult relative, or a lawyer to be present when the child is 
interviewed, there are statutory provisions on the right of a child to receive assistance when 

46

attending  proceedings,  including  from  a  social  worker,  lawyer  or  friend  (CivAdm141). 
The exceptions are CZ, IE, LV, LT, MT and SK, where no such provisions exist. 

(In IE, MT and SK, there is neither a mandatory requirement for an appropriate person to accompany 
the  child  during  interviews,  nor  is  there  a  statutory  right  for  the  child  to  receive  assistance  when 
attending the proceedings.)

Where a statutory right for the child to receive assistance when attending the proceedings exists, the 
type of support person foreseen varies across jurisdictions and areas of law. Besides the legal repre-
sentative (i.e. parent/guardian), who is foreseen as the child’s key support person in all jurisdictions, 
other types of support providers which children have a right to include: 

■  Social workers / social services (BG, CY, EE, ES, HR, IT, LU, PT);

■  Specialised institutions (AT, DE, UK-E&W, UK-NI). This includes the Children’s Legal Advisor in AT 
and  the  Children’s  Guardian  in  UK-E&W.  These  specialised  institutions  primarily  assist  children 
in the area of family and placement into care; in AT and DE, there are also separate specialised 
institutions working with children in other areas of law.

■  Representative (not necessarily legal representative) chosen by the child (IT, SI, UK-E&W in areas 

other than family law, and UK-NI in areas other than family law).

■  Representative  (not  necessarily  legal  representative)  chosen  by  the  court  (DK,  UK-S  –  see Box 

11)

■  Only legal counsel is foreseen in legislation (BE, ES in areas other than family law, EL, HU, NL, RO 

and SE). See Section 4.6 for more information on the right of the child to legal counsel.

In 10 jurisdictions (AT, BE, DK, EE, EL, FI, HR, HU, IT, LU) the statutory right of children to receive such 
assistance applies in all areas of law. In only two of the jurisdictions concerned, the statutory right 
applies in three or fewer areas of law (in family, employment and placement into care in FR; and in 
placement into care and offences committed below the age of criminal responsibility in RO).

Across all of the jurisdictions concerned, the statutory right applies most often in the areas of place-
ment into care (24 jurisdictions) and family (22 jurisdictions). It applies least often in the areas of 
offences  committed  below  the  age  of  criminal  responsibility  (15  jurisdictions),  employ-
ment and administrative sanctions (16 jurisdictions each).

In terms of the roles of the child, where the statutory right of children to receive assistance exists, 
it  applies  most  often  to  child  defendants  (23  jurisdictions),  plaintiffs  (22  jurisdictions)  and 
witnesses (20 jurisdictions), and least often to children who are subjects of the proceedings (19 
jurisdictions). 

In  the  majority  of  the  jurisdictions  concerned  (17),  the  statutory  right  of  children  to  receive  assis-
tance during the proceedings applies to all roles of the child (plaintiffs, defendants, witnesses and 
subjects), although in nine of these the coverage of roles is less complete in some areas of law.

Table A4.8 maps the coverage of this statutory right by area of law and role of the child across all 
jurisdictions.

Ten jurisdictions (BE, CZ, HR, FI, IT, NL, PL, SI, UK-NI and UK-S), have produced materials to provide 
support/guidance to children during the proceedings (CivAdm142). 

These  materials  are  usually  leaflets  issued  by  the  relevant  ministries  or  departments  on  a  one-off 
basis,  and  distributed  by  municipalities,  although  web-based  materials  are  also  in  existence  in  CZ 
and UK-S for example. In the case of UK-S, flashcards have also been developed to support children 
during  interviews  in  Children  Hearings  in  the  areas  of  placement  in  care  and  offences  committed 
below the age of criminal responsibility (see Box 11).

Where  support  materials  exist,  they  most  often  apply  in  the  areas  of  family  (nine  jurisdictions) 
and placement into care (eight jurisdictions). They least often apply in the areas of employment, 
education  and  administrative  sanctions.  In  three  Member  States  (BE,  CZ,  HR),  the  materials 
apply  in  all  areas  of  law.  In  the  other  jurisdictions,  the  materials  apply  in  a  few  areas  of  law  (e.g. 
in FI, only in relation to family and placement in care; in NL, in family, asylum and migration; and in 

47

PL, only in family, employment, administrative sanctions and offences committed below the age of 
criminal responsibility).

In  all  ten  jurisdictions  concerned,  the  materials  are  relevant  to  all  four  roles  of  the  child:  plain-
tiffs, defendants, witnesses and subjects. However, in the case of plaintiffs, defendants and 
witnesses, the materials apply in many more areas of law than in the case of subjects. In PL and SI, 
the materials are relevant to plaintiffs, defendants and witnesses; and in NL, just to plaintiffs.

Box 11 UK-Scotland – Support for children in the children’s 
hearings system 

The children’s hearings system deals with children who need care and protection and children who 
commit offences. The hearings system decides whether compulsory measures of intervention may 
be  needed,  including  placement  of  the  child  with  foster  carers,  in  a  residential  unit  or  in  secure 
accommodation.

Appointment of a safeguarder

The children’s hearing may appoint a safeguarder, to safeguard the interests of the child during 
the  proceedings.  This  may  arise  for  example  where  there  is  a  conflict  of  interest  between  the 
parents and the child. The reasons for appointing a safeguarder must be provided in writing and 
safeguarders are required to report to the court or hearing as well as to any relevant person. While 
the  child’s  view  should  be  considered  in  the  report,  the  safeguarder  is  not  required  to  advocate 
the child’s view as they are not appointed by and cannot be dismissed by the child. Their role is to 
provide support and advice for the proceedings and may become party to the proceedings. Any 
safeguarder appointed by a children’s hearing shall be entitled to be present throughout the dura-
tion of any hearing of the case until the disposal of that case. 

Support materials

A  variety  of  materials  have  been  produced  by  Scotland’s  Commissioner  for  Children  and  Young 
People  (SCCYP)  and  the  Scottish  Children’s  Reporter  Administration  (SCRA)  to  support  children 
involved in Scotland’s children’s hearings system. The materials include a number of web-based 
tools  to  get  information  to  children,  including  information  on  children’s  rights  and  an  illustrated 
guide of children’s rights in pictures; a ‘Your Rights’ card and letter, which are deliberately worded 
for children and designed for different ages; a DVD; and communication tools such as flashcards. 
The  flashcards  are  laminated  cards  that  children  and  young  people  can  hold  up  to  aid  them  in 
conveying  to  members  of  the  children’s  hearing  panel  how  they  are  feeling  or  if  they  want  to 
speak.

4.5.5  Avoiding psychological harm to the child

Six jurisdictions (EL, FI, NL, SI, UK-E&W and UK-NI) have attempted to minimise the potential harmful 
psychological  effects  that  participation  in  civil  and  administrative  judicial  proceedings  can  have  on 
children by developing guidelines to protect children from harmful images during judicial 
proceedings (CivAdm123). 

Where guidelines exist, they mostly only apply to the areas of family and placement into care 
(this is the case in FI, NL, UK-E&W and UK-S). In EL and SI, they apply to all areas of law with the 
exception of offences committed below the age of criminal responsibility.

The guidelines are tailored to the needs of child plaintiffs (in all six jurisdictions), defendants (in 
all six jurisdictions, but in fewer areas of law), subjects (five jurisdictions but in only certain areas of 
law), and witnesses (in four jurisdictions). All roles of the child tend to be covered in family law (e.g. 
FI, EL, NL and SI); fewer roles in the other areas of law. 

However,  no  jurisdiction  currently  provides  training  to  staff  in  order  to  ensure  that  children  are 
protected from harmful images.

48

4.5.6 

Protection measures during the proceedings

All  jurisdictions  except  for  LV  have  statutory  provisions  permitting  the  court  to  impose  protec-
tion  measures  for  children  that  are  suffering,  or  likely  to  suffer,  significant  harm 
during the proceedings, including from individuals involved in the proceedings or related to the case 
(CivAdm125).

In  most  jurisdictions,  these  measures  include  a  range  of  interventions,  depending  on  the  nature 
of  the  case,  including:  temporary  child  custody,  temporary  award  of  alimony,  injunctions  for  child 
support, restraining orders, non-contact orders, etc. 

However  in  certain  MS,  the  measures  available  are  more  limited  in  scope.  In  BG,  for  example,  the 
only provision identified is for the court to appoint a special representative in the case of conflict of 
interests between a child and his/her legal representative. In HU, the measures include the holding of 
trials in camera, appointing guardians ad litem for the representation of the child.

Across  all  the  jurisdictions  concerned,  statutory  provisions  permitting  the  court  to  impose  protec-
tion  measures  most  often  apply  in  placement  into  care  (27  jurisdictions)  and  family  proceed-
ings (26 jurisdictions). They are least likely to apply in the area of administrative sanctions (12 
jurisdictions).

In seven jurisdictions (BE, HR, EE, FI, LU, MT, SK), the statutory provisions apply in all areas of law. In 
the majority of jurisdictions, the protection measures can be applied in fewer areas, with the provi-
sion only applying in less than three areas of law – usually just family and placement in care – in 
eight jurisdictions (AT, DK, IE, LT, SE, UK-NI, UK-E&W and UK-S).

In 12 jurisdictions (BE, HR, CY, EE, FI, FR, HU, IT, LU, MT, NL, UK-S), the statutory provisions permitting 
the court to impose protection measures apply to children involved in the proceedings in  all  four 
roles (plaintiffs, defendants, witnesses and subjects) in at least some areas of law. 

Across  all  of  the  jurisdictions  concerned,  the  provisions  apply  most  often  to  child  plaintiffs  (29 
jurisdictions), then defendants (28 jurisdictions: not in ES) and subjects (25 jurisdictions: not in AT, 
LT, SE, SK), and least often to witnesses (19 jurisdictions: not in BG, CZ, DK, ES, PL, PT, RO, SE, SI, 
UK-E&W). 

Table  A4.9  maps  the  coverage  of  this  provision  by  area  of  law  and  role  of  the  child  across  all 
Member  States,  and  permits  a  comparison  with  the  coverage  of  equivalent  provisions  available  to 
the courts during enforcement proceedings. 

General observations: protection from harm

■  Member States have adopted a variety of safeguards to prevent children in judicial proceed-

ings from experiencing harm. 

■  The  most  widespread  safeguard  (existing  in  all  30  jurisdictions)  is  a  statutory  provision 
allowing the court to impose protection measures (e.g. temporary child custody) for children 
that are suffering or likely to suffer harm. Another widespread measure (existing in 25 jurisdic-
tions) is the legal obligation to avoid undue delay. Both safeguards apply most frequently in 
the  areas  of  family  and  placement  in  care  in  relation  to  plaintiffs,  defendants  and  subjects 
(less frequently also in relation to witnesses).

■  Other  safeguards  aimed  at  preventing  children  involved  in  judicial  proceedings  from  experi-
encing  harm  are  in  place  in  much  fewer  jurisdictions.  These  include  the  legal  obligation  to 
conduct court hearings in a non-intimidating and child-friendly environment (13 jurisdictions), 
statutory provisions to adapt interviews to the child’s pace, attention span and any communi-
cation difficulties (eight jurisdictions) and guidelines to protect children from harmful images 
(six jurisdictions). 

49

4.6  Children’s rights to legal counsel, legal assistance and 

representation

This sub section considers: 

■  The right of children to legal representation in their own name where there are potential conflicts 

of interest between the child and parents; 

■  The right of children to choose their own lawyer; 

■  The rights of children to waive their right to legal counsel; 

■  The right of children to access free legal aid; 

■  The provision of guidance to lawyers who represent children to ensure they treat the child as a 

fully-fledged client, whose opinions are brought forward; 

■  The appointment by the court of a guardian ad litem or special legal representative to represent 

the child where there are potential conflicts of interest between child and parents; and

■  The provisions in place to ensure that unaccompanied or separated children are properly repre-

sented in asylum and migration cases.

4.6.1  Right to legal representation in the child’s own name 

In  24  jurisdictions,  children  have  the  statutory  right  to  counsel  and  representation  in 
their  own  name  where  there  are  potential  conflicts  of  interest  between  the  child  and  parents 
(CivAdm148a).  In  the  other  six  jurisdictions  (AT,  CZ,  ES,  LT,  LV  and  PL)  the  child  only  has  access  to 
legal counsel and legal assistance through their parents or guardian. 

The right most frequently applies in the area of family (23 jurisdictions) and placement in care 
(22 jurisdictions). The right applies least frequently in administrative sanctions (13 jurisdictions). The 
right to legal representation in the child’s own name applies in all areas of law in nine jurisdictions 
(BE, DK, FI, LU, MT, RO, SK, UK-E&W and UK-NI), and in all areas of law except one in six jurisdictions 
(in proceedings relating to offences committed below MACR in CY, FR and SI; in proceedings relating 
to administrative sanctions in HU and IT; and in employment proceedings in BG). 

The  right  applies  most  frequently  to  child  plaintiffs  and  defendants  (22  jurisdictions  each, 
although in the case of plaintiffs it applies in more areas of law). It applies less often to subjects 
(17  jurisdictions)  and  least  to  witnesses  (10  jurisdictions).  In  eight  MS  (BE,  CY,  EE,  FR,  HU,  LU,  SI, 
UK-S) the provision applies to children in the four roles, but in different areas of law: in BE, in family, 
asylum  and  migration;  in  CY,  in  all  areas  of  law  except  offences  committed  below  MACR;  in  EE,  in 
family and employment; in FR, in family and placement into care; in HU, only in family; in LU, in all 
areas of law; in SI, in family, migration, education and placement into care; and, in UK-S, in family, 
placement and MACR. 

In  seven  jurisdictions  (FI,  HR,  IT,  MT,  SE,  UK-E&W  and  UK-NI),  the  provision  applies  to  plaintiffs, 
defendants and subjects but not witnesses; in five other MS (BG, DE, EL, RO, SK) it applies only 
to plaintiffs and defendants; and in the other MS, the right applies to different roles depending on the 
area of law.

The right applies at all stages of the proceeding in all jurisdictions, except: in BG, the right does 
not apply before the proceeding; and, in IE (in the area of family) and in RO it does not apply before 
or after the proceeding.

Table A4.10 maps the coverage of this provision by area of law and role of the child across all MS.

4.6.2  Right to waive the right to legal assistance 

A statutory provision allowing children (or their legal representatives) to waive their right to legal 
assistance (CivAdm148b) exists in eight MS (DK, EL, ES, FR, IT, NL, PT, SE). In these jurisdictions it 
applies to child plaintiffs and defendants only, except in NL, where it also applies to witnesses. 

50

In  each  of  the  jurisdictions  concerned,  the  provision  applies  in  certain  areas  of  law  only:  in  DK,  in 
family and placement in care proceedings; in EL, in all areas of law except placement in care; in ES, in 
employment; in FR, in all areas except family and placement in care; in IT, in family, employment and 
administrative sanctions; in NL, in family (except plaintiffs), employment and migration; in PT, asylum, 
migration and placement; in SE, in education and administrative sanctions and in asylum, migration, 
health and placement into care, if the proceedings deal with certain matters only.

In the other 22 jurisdictions, the assistance of a lawyer is mandatory for children in civil and admin-
istrative judicial proceedings in all areas of law. The assistance of a lawyer is also mandatory in the 
eight jurisdictions listed above for those areas of law that are not covered by the right to waive.

Where the provisions exist, they apply at all stages of the proceedings in all jurisdictions.

4.6.3 

Free legal aid 

The right of children to access free legal aid (CivAdm151) is enshrined in all jurisdictions except CZ. 

The right to free legal aid applies most commonly in the area of asylum (27 jurisdictions), followed 
by  migration,  family  and  placement  in  care  (26  jurisdictions  respectively).  The  right  applies 
least commonly in the areas of offences committed below MACR and administrative sanctions (19 
and 20 jurisdictions respectively). The right applies in all areas of law in 14 jurisdictions (AT, BE, BG, 
DE,  FI,  HR,  LT,  LU,  MT,  PL,  PT,  SK),  and  in  all  except  one  area  of  law  (usually  offences  committed 
below MACR or administrative sanctions) in seven jurisdictions (EE, ES, EL, FR, HU, IT, SI). 

The right to free legal aid most commonly applies to child plaintiffs and defendants (both in 29 
jurisdictions, although in the case of plaintiffs it applies in more areas of law) and in fewer cases to 
subjects (14 jurisdictions). The right applies least to witnesses (seven jurisdictions). In six jurisdic-
tions (BE, EE, FR, LU, NL, UK-S), the right applies to children in all four roles (in BE: in family and 
migration proceedings; in EE, in family and employment proceedings; in FR, in family and placement 
into care; in LU: in all areas of law; in NL, in family proceedings; and in UK-S, in asylum, migration and 
offences committed below the age of criminal responsibility).

Where the right to free legal aid exists, it applies at all stages of the proceedings in all jurisdic-
tions, except in the following: In HR it applies only before and during proceedings, in IE it does not 
apply  before  proceedings,  and  in  addition  not  after  in  the  area  of  family.  In  PL  the  right  does  not 
apply  before  proceedings,  except  in  the  areas  of  administrative  sanctions  and  offences  committed 
below the age of criminal responsibility. 

Table  A4.11  maps  the  coverage  of  this  provision  by  area  of  law  and  role  of  the  child  in  all 
jurisdictions.

4.6.4  Right to choose legal counsel (CivAdm152)

Seventeen  jurisdictions  grant  children  involved  in  civil  and  administrative  judicial  proceedings  the 
right to choose their own legal counsel. However, in these jurisdictions, the right only applies to those 
children who have procedural capacity to act in certain areas of law (see Section 3.3 of this report). 
In  all  other  cases,  it  is  the  legal  representative  (usually  parent  or  guardian)  who  has  the  right  to 
choose the legal counsel.

4.6.5  Guidance for lawyers representing children 

Seven jurisdictions (BE, EL, FI, LU, SE, UK-E&W and UK-S) have developed guidance for lawyers who 
represent children to ensure they treat the child as a fully-fledged client, whose opinions are brought 
forward (CivAdm153). 

Where  such  a  provision  exists,  it  applies  most  commonly  in  the  areas  of  migration,  asylum  and 
health. However, in some MS, it also applies in several other areas. In BE, LU and UK-E&W, the guid-
ance applies in all areas of law; in EL, SE and UK-S in all except three areas (in EL: family, placement 
in care and offences committed under the age of criminal responsibility; in SE: family, employment 
and offences committed below the age of criminal responsibility; and in UK-S: employment, educa-
tion and administrative sanctions). In FI, the guidance applies only in the area of family law.

51

Where guidance is in place, it applies most commonly to lawyers representing plaintiffs and defend-
ants, followed by witnesses, and least to subjects. In BE (as regards family), LU and UK-S, the provi-
sion applies to children in all four roles; in SE and BE (in all areas except family), the provision applies 
to plaintiffs, defendants and witnesses; in FI, it applies to plaintiffs, defendants and subjects; and in 
UK-E&W and EL, it applies to plaintiffs and defendants.

Box 12 Luxembourg – Securing the right of children to legal 
counsel and legal assistance 

Mandatory legal counsel 

In civil administrative judicial proceedings it is compulsory for children (like adults) to have a legal 
counsel. Legal representation by lawyers is also mandatory for children (like adults) in civil judicial 
proceedings  before  District  Courts.  Legal  counsel  is  not  mandatory  however  before  Magistrate’s 
Courts. Children can go before a Magistrate’s Court in person (e.g. if they are emancipated) or be 
represented by a lawyer, the spouse, parents or persons related in direct line, or persons related in 
collateral line up to and including the third degree of kinship. 

Right to a lawyer in the child’s own name

The child’s legal representative – parents or guardian - will normally be in charge of appointing a 
lawyer. However, in cases where there is a conflict of interest between the child and his/her legal 
representative, the judge designates an ad-hoc representative (a lawyer) for the representation of 
the child. 

Guidance for lawyers who represent children

According  to  the  Regulation  of  Luxembourg  Bar  Association  12  September  2007,  an  advocate 
who  represents  a  child,  or  a  child’s  legal  representative,  must  protect  the  best  interests  of  the 
child. This guidance also applies to lawyers who are appointed by parents or guardians to repre-
sent the child.

Access to legal aid

Free legal aid, including free legal advice and legal representation, is accessible to children in all 
areas of law. This free legal aid is provided to persons whose income is not considered as suffi-
cient  according  to  the  law.  This  includes  persons  whose  income  is  not  more  than  the  minimum 
wage (revenu minimum garanti). 

4.6.6  Guardian ad litem or special legal representative in case of potential 
conflict of interest between parents and children (CivAdm154)

A statutory provision on the appointment by the court of a guardian ad litem or special legal 
representative to represent the child where there are potential conflicts of interest between child 
and parents exists in all jurisdictions except IE and LT. 

The provision applies most frequently in the areas of family (28 jurisdictions) and placement  in 
care  (26  jurisdictions),  and  least  in  administrative  sanctions  (17  jurisdictions)  and  offences<MACR 
(16 jurisdictions). 

In 11 MS (BE, HR, CZ, DK, FI, LV, LU, MT, PT, RO and SK) the provision applies in all areas of law; in 
another six MS (BG, CY, FR, HU, IT and SI) the provision applies in all areas of law but one (usually 
offences committed below the age of criminal responsibility or administrative sanctions). In six juris-
dictions (AT, DE, EE, EL, UK-E&W and UK-NI) the provision only applies in two areas of law (usually 
in family and placement into care, except in the case of EE and EL, where it applies in the areas of 
family and employment).

In terms of the roles of the child, the statutory provision on the appointment of a guardian ad litem 
or special representative applies to children as plaintiffs  and  defendants in all 28 jurisdictions 
concerned. The provision applies to subjects as well in 17 jurisdictions (BE, CY, CZ, EE, ES, FI, FR, HR, 

52

HU, IT, LU, MT, NL, PL, PT, RO, UK-S); and to witnesses in 11 jurisdictions (BE, DK, EE, FR, HU, LU, NL, 
PL, RO, UK-S).

In six MS, the provision applies to all roles of the child in at least some areas of law (BE: asylum 
and  migration;  in  EE:  family  and  employment;  in  ES:  in  family,  education  and  health;  in  FR:  family, 
employment and placement into care; in HU: in family; in LU: all areas; and in UK-S in family, asylum, 
migration, placement into care and offences committed below the age of criminal responsibility). 

Table  A4.12  maps  the  coverage  of  this  provision  by  area  of  law  and  role  of  the  child  in  all 
jurisdictions.

Monitoring mechanism on guardians ad litem (CivAdm155)

Thirteen jurisdictions (BE, HR, CZ, FI, EL, LV, LT, PL, SK, ES, SE, UK-E&W and UK-NI) have a mecha-
nism in place to monitor the appointment and quality of service provided by guard-
ians ad litem to children involved in judicial proceedings. 

Where  a  monitoring  mechanism  exists,  it  covers  all  areas  of  law  in  all  jurisdictions,  except  in  four 
(EL: not in family, employment, placement in care, offences committed by children below the age of 
criminal responsibility; PL: not in asylum, migration, education, health; ES: not in family, employment 
and offences below the minimum age of criminal responsibility; UK-E&W- only family). 

The type of monitoring mechanisms vary across jurisdictions. In some jurisdictions (e.g. CZ, ES and 
HR) the judge monitors the appointment and quality of service provided by guardians ad litem; in PT, 
the public prosecutor has this function; in EL, it is the Ombudsperson; and in the UK-E&W and UK-NI, 
separate inspectorates have this function: the Office for Standards in Education, Children’s Services 
and Skills in the case of England and Wales (OFSTED); and the Regulation and Quality Improvement 
Authority in Northern Ireland (RQIA). 

4.6.7  Representation of unaccompanied and separated children in asylum 
and migration cases (CivAdm156)

In all jurisdictions a guardian or advisor must be appointed to represent unaccompanied 
and  separated  children in asylum and migration cases. The appointment and representation is 
free of charge. 

The provision applies in all jurisdictions in the area of asylum, and in all jurisdictions except two (IE 
and MT) in the area of migration.

The  provision  applies  most  frequently  to  child  plaintiffs  and  defendants  (30  jurisdictions  and 
29  jurisdictions,  respectively),  and  less  frequently  to  children  as  subjects  (19  jurisdictions)  and 
witnesses (16 jurisdictions). 

In seven jurisdictions (BE, CY, EE, IE, IT, LU, UK-S) the provision applies to unaccompanied or sepa-
rated  children  in  all  four  roles.  In  seven  other  MS  (AT,  DK,  ES,  RO,  SE,  SK,  SI),  the  provision  applies 
to  unaccompanied  or  separated  children  in  the  role  of  defendants,  plaintiffs  and  witnesses;  and  in 
another seven jurisdictions, the provision applies to child plaintiffs and defendants only (CZ, DE, EL, 
LT, LV, UK-E&W, UK-NI); in five MS (BG, FR, HR, MT, PL) the provision applies to plaintiffs, defendants 
and subjects; and in NL, the provision applies to plaintiffs and subjects only.

Right to legal counsel, legal assistance and representation

■  Member  States  have  adopted  a  variety  of  statutory/policy  provisions  to  ensure  that  a  child 
has  access  to  legal  counsel,  to  legal  assistance  and  in  general  to  be  represented,  whether 
by  a  qualified  lawyer  or  by  another  appropriate  adult,  in  civil  and  administrative  judicial 
proceedings. 

■  In  24  jurisdictions,  where  there  are  potential  conflicts  of  interest  between  the  child  and 
parents,  children  have  the  statutory  right  to  counsel  and  representation  in  their  own  name. 
The  right  most  frequently  applies  in  the  area  of  family  and  placement  in  care.  The  right 
applies most frequently to child plaintiffs and defendants.

53

■  The child’s right to free legal aid is enshrined in all jurisdictions except CZ. The right applies 

most frequently in the area of asylum, migration, family and placement in care.

■  In all jurisdictions a guardian or advisor must be appointed to represent unaccompanied and 
separated  children  in  asylum  and  migration  cases.  The  appointment  and  representation  is 
free  of  charge.  The  provision  applies  most  frequently  to  child  plaintiffs  and  defendants  (30 
jurisdictions and 29 jurisdictions, respectively), and in the majority of jurisdictions to children 
as subjects and witnesses.

4.7  Access to and facilitating alternatives to judicial 

proceedings for children

Alternatives  to  formal  judicial  proceedings,  hereinafter  referred  to  as  alternative  dispute  resolution 
(ADR) comprise any means of settling disputes outside of the courtroom. In civil and administrative 
justice, ADR typically includes early negotiation, conciliation, mediation and arbitration. 

The  purpose  of  ADR  is  to  facilitate  the  resolution  of  conflicts  between  parties  without  resorting  to 
litigation. ADR aims to work out an agreement or settlement that both parties accept or reject. As a 
result, it may result in a more consensual process of resolving disputes than formal judicial proceed-
ings. However, as a result of the less formal procedures involved, children involved in ADR may not 
always enjoy the same rights that they would if they were involved in judicial proceedings. 

The following rights are considered in this sub-section:

■  Statutory provision on the right of children to have recourse to ADR;

■  Mechanisms to inform children about the possibility of having recourse to ADR;

■  Possibility for children to initiate ADR in their own right;

■  Right of children to be heard while accessing and during ADR;

■  Right of children to legal redress in the context of ADR; and,

■  Right of children to obtain legal advice and other assistance about the use of ADR;

■  A  statutory  provision  on  the  right  of  children  to  have  recourse  to  ADR  directly  or 
through  the  child’s  legal  representative  exists  in  29  jurisdictions.25  The  exception  is  PT  where 
such a right does not exist. In most jurisdictions where the right to have recourse to ADR exists, 
it  only  applies  in  family  and/or  employment  proceedings.  The  exception  is  PL,  where 
recourse to ADR applies to children in the areas of family law, employment, placement in care, 
administrative  sanctions  and  offences  committed  by  children  below  MACR.  In  SE,  recourse  to 
ADR only applies in employment law, and in UK-S, it only applies in family law.

■  In all 29 jurisdictions where recourse by children to ADR exists, it applies to children as plain-
tiffs and defendants. Recourse to ADR applies to children as subjects in seven MS (EE, FR, 
EL, IT, LU), and to children as witnesses in five MS (LU, NL, PL and UK-S).

Table  A4.13  maps  the  coverage  of  this  provision  by  area  of  law  and  by  role  of  the  child  for  all 
jurisdictions.26 

Mechanisms to inform children about the possibility of having recourse to ADR 
(CivAdm161)

Overall,  mediation  does  not  seem  easily  accessible  to  children  in  most  jurisdictions.  In  13  of  the 
29  jurisdictions  where  children  have  a  right  (directly  or  through  their  legal  representative)  to  have 
recourse to ADR (BE, HR, CZ, EE, FI, FR, EL, HU, LU, PL, RO, SI, SE), mechanisms exist for the competent 

25  In  some  jurisdictions  (i.e.  CY,  CZ,  DE,  DK,  IE,  MT  and  SK)  the  child’s  right  to  have  recourse  to  ADR  must  be 

carried out by his or her legal representative.

26  The table does not include those jurisdictions (CY, CZ, DE, DK, IE, MT and SK) where the child’s right to have 

recourse to ADR needs to be carried out by a legal representative. 

54

authorities to inform children (either directly or through their legal representative) about the possi-
bility of having recourse to this procedure. 

However, in the majority of cases, these mechanisms do not create an obligation on the part of the 
competent authorities to inform children of this possibility. As a result, even where such mechanisms 
exist, children may not be aware of their right to have recourse to ADR. Moreover, in 11 
jurisdictions where children can have recourse to ADR (AT, BG, DE, ES, IT, LV, LT, NL, UK-E&W, UK-NI27 
and UK-S), no mechanisms to inform children of this possibility exist. 

In some MS (e.g. BE28, HR, LU), the judge has the obligation to inform the parties about the possibility 
of mediation at the first hearing. In other MS (e.g. CZ, EL, FI, FR, SE), judges have the possibility of 
informing the parties about this alternative, but they are not obliged to do so. In EE, the obligation 
to inform the child lies with the guardian who is appointed to support the child during the proceed-
ings. In PL, there is no specific obligation to inform children of this possibility, but the Polish Mediation 
Centre organises awareness raising actions in schools for children and teachers about mediation in 
family and civil cases.

Where  mechanisms  exist  to  inform  children  about  the  possibility  of  having  recourse  to  ADR,  these 
apply  to  child  plaintiffs  and  defendants,  but  not  always  in  all  of  the  relevant  areas  of  law.  In  BE 
and LU, the mechanisms to inform child plaintiffs and defendants only apply in family cases, not in 
employment  cases,  even  though  child  plaintiffs  and  defendants  have  recourse  to  ADR  in  the  area 
of employment. In PL, the mechanisms only apply to child plaintiffs and defendants in employment 
cases, even though children in these roles also have recourse to ADR in family cases. 

In EL, the mechanisms to inform children do not apply to children involved as subjects of the proceed-
ings (although these can have recourse to ADR in family and employment proceedings). Likewise in 
PL, the mechanisms do not apply in the case of child witnesses, even though these have recourse to 
ADR in a number of areas of law. 

Possibility for children to initiate ADR in their own right (CivAdm163)

In  the  majority  of  jurisdictions  where  children  have  recourse  to  ADR,  the  child  concerned  does  not 
have  the  possibility  of  initiating  ADR  in  his  or  her  own  right  but  rather  must  act  through  their 
legal representative. In these jurisdictions, the minimum age for initiating ADR is 18. 

There  are  three  exceptions  to  this:  in  ES,  children  involved  in  employment  cases  (but  not  in  family 
cases) can initiate ADR when they turn 14; in FI, children involved in employment cases (but not in 
family cases) can initiate ADR when they turn 15; and in RO, children involved in family or employ-
ment cases can initiate ADR when they turn 14, as long as they have the approval or assistance of 
a parent or guardian. 

Right of children to be heard while accessing and during ADR (CivAdm160)

In  12  out  of  the  29  jurisdictions  where  children  have  recourse  to  ADR  (AT,  BE,  CZ,  EE,  ES,  FI,  FR, 
EL,  HU,  PL,  RO,  SK),  there  is  a  statutory  provision  on  the  right  of  children  to  be  heard  while 
accessing and during ADR. 

In these 12 jurisdictions, the right to be heard while accessing and during ADR applies in all of the 
relevant areas of law i.e. in family and/or employment proceedings, with the exception of 
PL, where recourse to ADR applies to children in the areas of family law, employment, administrative 
sanctions and offences committed by children below the age of criminal responsibility. 

The  right  of  children  to  be  heard  while  accessing  and  during  ADR  applies  most  frequently  to  child 
plaintiffs  and  defendants  (12  jurisdictions  each),  subjects  (6  jurisdictions)  and  then  witnesses  (five 
jurisdictions).

Right of children to legal redress in the context of ADR (CivAdm164)

In  nine  out  of  the  29  jurisdictions  where  children  have  recourse  to  ADR  (BE,  FR,  LV,  PL,  RO,  SI,  SK, 
UK-E&W,  UK-NI),  there  is  a  statutory  provision  on  the right  to  legal  redress  when  children  feel 

27  However, in the case of UK-E&W and UK-NI, solicitors are required to consider the use of ADR when repre-

senting their clients.

28  In BE, this obligation on the part of the judge only exists in parental custody cases.

55

that  their  rights  have  been  violated  in  the  ADR  procedure.  In  all  cases,  the  right  to  legal  redress 
applies equally to children and adults, and in the case of children without procedural capacity to act, 
the legal remedy must be pursued through the legal representative. 

Where the right of children to legal address in the context of ADR exists, it applies in all areas of 
law i.e. in family  and/or  employment  proceedings, with the exception of PL, where recourse 
to  ADR  applies  to  children  in  the  areas  of  family  law,  employment,  administrative  sanctions  and 
offences committed by children below the age of criminal responsibility.

The right of children to legal redress in the context of ADR applies most frequently to plaintiffs and 
defendants (nine jurisdictions each), and less frequently to witnesses and subjects (two jurisdictions 
each).

Right of children to obtain legal advice and other assistance about the use of ADR 
(CivAdm166)

In eight out of the 29 jurisdictions where children (directly or through their legal representative) have 
recourse to ADR (AT, BE, DE, FR, IT, LT, UK-E&W, UK-NI), children have the right to obtain legal advice 
and assistance in determining the appropriateness and desirability of using ADR. 

In IT and LT, the legal advice and other assistance is provided by the lawyers representing the child.

Where  the  right  to  obtain  legal  advice  and  other  assistance  exists,  it  applies  in  all  of  the  rele-
vant areas of law (i.e. family and/or employment proceedings). It applies most frequently to child 
plaintiffs  and  defendants  (seven  jurisdictions  each),  then  to  subjects  (three  jurisdictions)  and 
least frequently to witnesses (two jurisdictions).

Box 13 England and Wales – Active promotion of ADR

In UK-E&W, the court has a duty to actively encourage the parties to cooperate each other and 
use  ADR  in  both  family  and  employment  proceedings.  While  the  use  of  ADR  is  not  compulsory, 
the parties also have a duty to consider whether some form of ADR procedure may enable them 
to  settle  the  matter  without  starting  proceedings.  Furthermore,  solicitors  are  required  to  advise 
clients of the availability of mediation. A child must have a Children’s Guardian/Guardian ad litem/
Next Friend to bring ADR proceedings on his/her behalf, unless the court directs otherwise. 

The  most  common  type  of  ADR  used  in  family  proceedings  is  mediation.  In  employment  cases, 
Employment Tribunals are required to encourage the use by parties of the services of the Advisory, 
Conciliation  and  Arbitration  Service  (ACAS),  judicial/other  mediation,  or  other  means  of  resolving 
their disputes by agreement. Preliminary hearings may also be used by the Tribunal to explore the 
possibility of settlement or alternative dispute resolution (including judicial mediation).

While the UK legal system has not introduced any specific legal safeguards to protect the child 
when accessing and during the alternative proceedings, children have the possibility to participate 
in mediation sessions. However, there are no rules in place as to the child’s exact involvement in 
them; participation is determined by reference to a range of factors, including the child’s age and 
level of understanding.

UK  legislation  does  not  specify  the  means  in  which  children  in  other  roles  receive  information 
about their rights and obligations during family mediation. In practice, the child’s family will explain 
the  process  in  a  way  that  the  child  understands.  The  child’s  legal  counsel  may  also  inform  the 
child about his/her rights and obligations. Court Children’s Officers also operate within a number of 
courts and can also highlight the option of mediation and explain to the children their rights and 
obligations. 

Certain  disputes  cannot  be  referred  to  family  mediation.  For  example,  family  mediation  is  not 
possible  in  the  context  of  family  disputes  where  there  may  be  allegations,  or  established  inci-
dents, of violence, harassment or intimidation.

56

Access to alternatives to judicial proceedings

■  By  providing  a  consensual  process  of  resolving  disputes,  ADR  should  in  principle  provide  a 
less intimidating environment for children than formal judicial proceedings. However, children 
involved in ADR have a more limited set of rights than children involved in judicial proceedings.

■  A statutory provision on the right of children to have recourse to ADR directly or through the 
child’s  legal  representative  exists  in  29  jurisdictions.  In  most  jurisdictions  where  the  right 
exists, it only applies in the areas of family and employment.

■  In all but three jurisdictions, the child concerned does not have the possibility of initiating ADR 

in his or her own right but rather must act through their legal representative.

■  Measures to make ADR accessible to children and to make it child-friendly or child-sensitive 

are rather limited. 

■  In 13 of the 29 jurisdictions where children have a right to have recourse to ADR, mechanisms 
exist for the competent authorities to inform children of this right. However, in most cases it is 
not mandatory for these mechanisms to be used, suggesting that many children may not be 
sufficiently informed of their right to have recourse to ADR.

■  Other important rights of the child are often not afforded to children in the context of ADR. 
These include the right of children to be heard in ADR (only applies in 12 of the 29 jurisdic-
tions concerned) and the right of children to legal redress if they feel their rights have been 
violated in the context of ADR (only applies in nine of the 29 jurisdictions concerned).

4.8  Limitations to restrictions on liberty for children

This sub section begins by reviewing the provisions in place in different MS allowing for the detention 
of children involved in civil and/or administrative judicial proceedings. It then considers the existence 
of the following procedural safeguards for children subject to such detention: 

■  Right of a child to appeal administrative decisions to restrict a child’s liberty;

■  Statutory  provisions  on  the  use  of  detention  as  a  measure  of  last  resort  and  for  the  shortest 

possible time; and, 

■  Existence of an independent system of monitoring the appropriate use of detention.

Administrative restrictions of liberty

In most MS, administrative restrictions of liberty are only possible in limited areas of law. These typi-
cally  include  migration,  asylum  and  mental  health  and  may  also  include  administrative  sanctions, 
offences committed below the age of MACR, placement in care, and education: 

■  In  27  jurisdictions  (all  but  FR,  IE,  and  IT)  there  is  a  power  to  restrict  the  liberty  of  children  in 

asylum matters. 

■  In  27  jurisdictions  (all  but  IE,  IT,  and  PT)  there  is  a  power  to  restrict  the  liberty  of  children  in 

migration matters. 

■  In  24  jurisdictions  (all  but  AT,  BG,  CY,  PL,  PT,  and  SI)  there  is  a  power  to  restrict  the  liberty  of 
children in matters of mental health, and in some of these jurisdictions (IT, DE, SK, and EL), on 
other health grounds as well. 

■  In eight MS (HR, HU, SK, DE, LU, AT, CZ, and LT) there is a power to restrict the liberty of children 

in the area of administrative sanctions.

■  In 13 MS (FR, LV, PT, SK, BE, IT, SE, LU, SK, FI, BG, CZ, and PL) there is a power to restrict the 
liberty of children for offences committed below MACR. This is not a deprivation of liberty 
imposed as a criminal sanction but is usually for the protection of the child. 

57

■  In 10 MS (NL, PT, BE, DK, EE, ES, IE, LU, RO, and CZ) there is a power to restrict the liberty of 

children by placing them into care when they do not consent. 

■  In SK and EE there is a power to restrict the liberty of children in education matters. 

Employment is the only area of law where no power to restrict the liberty of children exists.

The following safeguards are available to children who have been subject to administrative detention 
in the context of judicial proceedings.

Right of the child to appeal an administrative decision to restrict a child’s liberty 
(CivAdm168)

Children have a right to appeal an administrative decision to restrict their liberty in almost all jurisdic-
tions (and areas of law) where the power to restrict a child’s liberty exists. However, there are excep-
tions in certain jurisdictions, as indicated below: 

■  In 25 of the 27 jurisdictions where there is a power to restrict the liberty of children in asylum 
matters, children have a right to appeal the administrative decision. There is no such right in FI or 
RO. 

■  In 25 of the 27 jurisdictions where there is a power to restrict the liberty of children in migra-
tion  matters,  children  have  a  right  to  appeal  the  administrative  decision.  There  is  no  right  of 
appeal in FI or RO. 

■  In 18 of the 24 jurisdictions where there is a power to restrict the liberty of children in matters of 
health, children have a right to appeal the administrative decision. There is no right to appeal in 
CZ, DE, EL, IE, and NL. 

■  In seven of the eight MS where there is a power to restrict the liberty of children in administra-
tive sanctions, there is a right for the child to appeal the administrative decision. There is no 
such right in CZ. 

■  In  10  of  the  12  MS  where  there  is  a  power  to  restrict  the  liberty  of  children  for  offences 
committed  below  MACR, there is a right for the child to appeal the administrative decision. 
There is no such right in FR or SE. 

■  In six of the 10 MS where there is a power to restrict the liberty of children by placing them 
into care when they do not consent, children have the right to appeal the administrative deci-
sion. There is no such right in CZ, IE, NL and PT.

■  In SK and EE there is a power to restrict the liberty of children in education matters, and in both 

of these MS there is a right for the child to appeal the administrative decision. 

In  those  jurisdictions  where  the  right  to  appeal  is  guaranteed,  it  applies  most  frequently  to  child 
plaintiffs. It applies less frequently to subjects, and only rarely to defendants. In 12 jurisdictions 
the right to appeal applies to plaintiffs and defendants (BE, BG, CY, EE, EL, ES, HR, LU, PL, UK-E&W, 
UK-NI and UK-S), in IT it applies to plaintiffs, defendants and subjects, in NL only to subjects, and in 
the remaining MS the right to appeal applies only to plaintiffs. 

Where the right to appeal exists, it usually applies at all stages of the proceeding.

Table A4.14 maps the coverage of this provision by area of law and by role of the child across all 
jurisdictions. 

Use of restriction of liberty as a measure of last resort and for the shortest possible 
amount of time (CivAdm171a and b)

Statutory provisions on the use of restrictions of liberty or detention as a measure of last resort 
exist  in  all  jurisdictions  except  six  (DK,  IE,  LV,  MT,  SI,  and  SK),  and  for  the  shortest  possible 
amount of time in all jurisdictions except four (IE, LV, MT and SI). 

In those jurisdictions where the respective provisions exist, they apply most frequently in the areas 
of asylum and migration, followed by health. In contrast, the provisions apply respectively only in 
two jurisdictions in the area of education: 

58

■  In 17 of the 27 Jurisdictions where there is a power to restrict the liberty of children in asylum 
matters, there is statutory provision on the use by judicial authorities of restriction of liberty or 
detention as a measure of last resort. There is no such statutory provision in 10 MS (CZ, DK, FI, 
LV, LT, MT, RO, SI, SK, and UK-S). In 16 of these jurisdictions there is statutory provision on the 
use by judicial authorities of restriction of liberty or detention for the shortest possible amount 
of time. There is no such statutory provision in 11 MS (BG, CZ, DK, EE, FI, LV, LT, MT, RO, SI, and 
UK-S).

■  In 16 of the 27 Jurisdictions where there is a power to restrict the liberty of children in migra-
tion matters, there is statutory provision on the use by judicial authorities of restriction of liberty 
or detention as a measure of last resort. There is no such statutory provision in 10 MS (CZ, EE, FI, 
HR, HU, LV, LT, MT, RO, SI, SK, and UK-S). In 16 of these jurisdictions there is statutory provision 
on  the  use  by  judicial  authorities  of  restriction  of  liberty  or  detention  for  the  shortest  possible 
amount of time. There is no such statutory provision in 11 MS (BG, CZ, DK, EE< FI, HR, LV, LT, MT, 
SI, and UK-S).

■  In 13 of the 23 Jurisdictions where there is a power to restrict the liberty of children in mental 
health  matters,  there  is  statutory  provision  on  the  use  by  judicial  authorities  of  restriction  of 
liberty  or  detention  as  a  measure  of  last  resort.  There  is  no  such  statutory  provision  in  10  MS 
(EE, FR, DE, EL, HU, IE, LV, MT, NL, and SK). In 13 of these jurisdictions there is statutory provision 
on  the  use  by  judicial  authorities  of  restriction  of  liberty  or  detention  for  the  shortest  possible 
amount of time. There is no such statutory provision in 10 MS (CZ, EE, FR, DE, EL, HU, IE, LV, MT, 
and NL).

■  In  three  of  the  eight  Jurisdictions  where  there  is  a  power  to  restrict  the  liberty  of  children  in 
administrative sanctions matters, there is statutory provision on the use by judicial authori-
ties of restriction of liberty or detention as a measure of last resort. There is no such statutory 
provision  in  five  MS  (CZ,  DE,  HU,  LT,  and  SK).  In  four  of  these  jurisdictions  there  is  statutory 
provision on the use by judicial authorities of restriction of liberty or detention for the shortest 
possible amount of time. There is no such statutory provision in four MS (CZ, DE, LT, and HU).

■  In  seven  of  the  12  Jurisdictions  where  there  is  a  power  to  restrict  the  liberty  of  children  for 
offences committed below MACR, there is statutory provision on the use by judicial authori-
ties of restriction of liberty or detention as a measure of last resort. There is no such statutory 
provision  in  five  MS  (CZ,  FR,  LV,  SE,  and  SK).  In  eight  of  these  jurisdictions  there  is  statutory 
provision on the use by judicial authorities of restriction of liberty or detention for the shortest 
possible amount of time. There is no such statutory provision in four MS (CZ, FR, LV, and SE).

■  In five of the 10 Jurisdictions where there is a power to restrict the liberty of children by placing 
them  into  care when they do not consent, there is statutory provision on the use by judicial 
authorities of restriction of liberty or detention as a measure of last resort. There is no such stat-
utory provision in 10 MS (DK, IE, NL, PT, and RO). In five of these jurisdictions there is statutory 
provision on the use by judicial authorities of restriction of liberty or detention for the shortest 
possible amount of time. There is no such statutory provision in five MS (CZ, IE, NL, PT, and RO).

■  In  EE  and  SK  where  there  is  a  power  to  restrict  the  liberty  of  children  in  education  matters, 
there is no statutory provision on the use by judicial authorities of restriction of liberty or deten-
tion as a measure of last resort. In SK there is statutory provision on the use by judicial authori-
ties of restriction of liberty or detention for the shortest possible amount of time, but not in EE. 

One manifestation of the principle of using restriction of liberty as a measure of last resort for the 
shortest  possible  amount  of  time  is  the  existence  of  maximum  time-limits  that  a  child  can  be 
held in detention. These maximum time-limits primarily exist in the areas of asylum and migra-
tion; only rarely do they exist in the area of health (including mental health). 

The maximum time-limits for restricting the liberty of children in the areas of asylum and migration 
vary significantly across MS. For example, in the area of asylum, the following time-limits apply: 90 
days in HR; 60 days in PT; 30 days in HU; 30 days in SK; 14 days in NL; 7 days in LV. 

Existence of independent systems to monitor the appropriate use of detention 
(CivAdm169)

Twenty-three jurisdictions provide for an independent system for monitoring the appropriate use of deten-
tion (BE, BG, CY, CZ, DK, EE, EL, ES, FI, FR, HR, HU, IE, IT, LT, LV, NL, PL, SE, SI, UK-E&W, UK-NI and UK-S). 

Where  such  monitoring  system  exists,  they  apply  most  frequently  in  the  areas  of migration  and 
asylum (21 and 20 jurisdictions respectively), followed by health (15 jurisdictions). In contrast, the 
system applies in the area of education in only two jurisdictions. In BG, the system applies in all 
areas of law except administrative sanctions. In contrast, the monitoring system applies in only one 
area of law in IE (health), and in two areas of law (asylum and education) in seven jurisdictions (in FR 
it applies in migration and health).

■  In 19 of the 27 jurisdictions where there is a power to restrict the liberty of children in asylum 
matters, there are independent systems to monitor the appropriate use of detention. There are 
no such systems in eight MS (AT, DE, HU, LU, MT, PT, RO, SK). 

■  In 10 of the 27 jurisdictions where there is a power to restrict the liberty of children in migra-
tion, there are independent systems to monitor the appropriate use of detention. There are no 
such systems in seven MS (AT, HR, DE, LU, MT, RO, and SK). 

■  In 13 of the 23 jurisdictions where there is a power to restrict the liberty of children in mental 
health  matters,  there  are  independent  systems  to  monitor  the  appropriate  use  of  detention. 
There are no such systems in 10 MS (FI, DE, EL, LU, MT, NL, RO, SK, UK-E&W, and UK-NI). 

■  In  two  of  the  eight  jurisdictions  where  there  is  a  power  to  restrict  the  liberty  of  children  in 
administrative sanctions, there are independent systems to monitor the appropriate use of 
detention. These are HR and HU. 

■  In six of the 12 jurisdictions where there is a power to restrict the liberty of children for offences 
committed below the age of criminal responsibility, there are independent systems to 
monitor the appropriate use of detention. There are no such systems in six MS (FI, FR, LU, PT, SE, 
and SK). 

■  In five of the 10 jurisdictions where there is a power to restrict the liberty of children by placing 
them  into  care  when  they  do  not  consent,  there  are  independent  systems  to  monitor  the 
appropriate use of detention. There are no such systems in five MS (BE, CZ, DK, EE, and ES). 

■  In  EE  and  SK,  where  there  is  a  power  to  restrict  the  liberty  of  children  in  education  matters, 
there are independent systems to monitor the appropriate use of detention in EE but not in SK.

Box 14 Sweden – safeguards for children in detention in the 
context of asylum and migration

Children  who  are  not  Swedish  nationals  can  be  subject  to  administrative  detention  for  reasons 
connected to migration, including where asylum has been claimed. A variety of safeguards have been 
established in order to make the detention as least burdensome as possible in the case of children.

Right to appeal

All individuals (adults and children alike) have a right to appeal to court, without any time limits, 
against an administrative decision or restriction of liberty in the context of migration and asylum 
proceedings

Detention as a measure of last resort

A  child  may  be  detained  in  only  two  circumstances.  The  first  is  when  the  child  is  about  to  be 
removed  from  Sweden  with  immediate  effect  and  subjecting  the  child  to  reporting  restrictions 
would be insufficient to prevent the child from frustrating removal by absconding. The second is 
where  there  is  a  need  to  make  or  execute  a  decision  to  remove  or  deport  a  child  and,  during  a 
previous attempt to execute the removal or deportation decision it has proven to be insufficient to 
place the child under reporting requirements. 

60

Detention for the shortest possible amount of time

A child can be held in detention, in the first instance, for a maximum of 72 hours. A child can be 
held in detention for a further maximum period of 72 hours only if there are exceptional reasons 
for doing so. A decision to detain either an adult or a child must be rescinded immediately if the 
reason for detention ceases to apply. 

General observations: restrictions on liberty

■  Children’s  freedom  of  movement  can  be  restricted  in  a  variety  of  circumstances  connected 
to  their  involvement  in  civil  and/or  administrative  judicial  proceedings,  most  commonly  in 
the  areas  of  asylum  (27  jurisdictions),  migration  (27  jurisdictions)  and  mental  health  (27 
jurisdictions). 

■  In  nine  jurisdictions  statutory  provisions  exist  to  restrict  children’s  liberty  for  offences/ 

offending behaviour below the MACR as a measure of last resort. 

■  Children have a right to appeal an administrative decision to restrict their liberty in almost all 
jurisdictions  (and  areas  of  law)  where  the  power  to  restrict  a  child’s  liberty  exists.  However, 
there  are  exceptions.  These  exceptions  occur  most  frequently  in  the  area  of  health,  where 
children in six jurisdictions do not have such a right.

■  Statutory  provisions  on  the  use  of  restrictions  of  liberty  or  detention  as  a  measure  of  last 
resort exist in 24 jurisdictions and for the shortest possible amount of time in 26 jurisdictions.

■  Twenty-three jurisdictions provide for an independent system for monitoring the appropriate 
use  of  detention.  Where  such  monitoring  systems  exist,  they  apply  most  frequently  in  the 
areas of migration and asylum (21 and 20 jurisdictions respectively), followed by health (15 
jurisdictions).

4.9  Providing children with legal remedies and compensation 

for violation of rights or failure to act

This  sub  section  considers  the  existence  of  the  following  legal  remedies/safeguards  for  children 
whose rights have been violated in civil or administrative judicial proceedings: 

■  Right of the child, the child’s legal representative or other entities (e.g. social services) to appeal 

court decisions involving children; 

■  Legal obligation to secure the right of a child, or the child’s legal representative on his/her behalf, 

to claim compensation for damages caused by violation of rights; 

■  Right of the court or the child involved in judicial proceedings to take action when a conflict of 

interest arises between the child and his/her parents; and,

■  Provision of support to children and/or their legal representative with support to access remedies 

and compensation.

The right to appeal court decisions 

Right of the child to appeal (CivAdm173)

In  all  MS  except  CY,  CZ,  DE,  HU,  IE,  MT  and  RO,  children  involved  in  civil  or  administrative  judicial 
proceedings have a statutory right to appeal a court decision in their own name rather than 
through  a  legal  representative  –  subject  to  the  minimum  age  conditions  reviewed  in  Section  3.3 
above. 

In about half of the jurisdictions where such a statutory provision exists, the provision applies in all 
or most of the areas of law. For example, in 12 jurisdictions (BE, BG, HR, EE, FI, EL, NL, PT, SK, 

61

ES, SE and UK-S) the provision applies in six or more areas of law. In contrast, the provision applies in 
only one or two areas of law in six MS (DK: placement into care; FR: family and placement into care; 
IT:  employment;  PL:  administrative  sanctions  and  offences  committed  below  MACR;  UK-E&W  and 
UK-NI: education).

The  provision  applies  most  commonly  in  the  area  of  family  law  (17  jurisdictions).  The  provision 
applies  least  commonly  in  the  areas  of  administrative  sanctions  and  offences  committed 
below MACR (nine and 10 jurisdictions, respectively). 

In most jurisdictions that provide children with a right to appeal a court decision in their own right, the 
provision normally only applies to children involved in the proceedings as plaintiffs and defend-
ants. This is the case in 17 jurisdictions (AT, BE, BG, DK, EL, ES, FI, FR, IT, LT, LV, PL, PT, SE, SI, SK, 
UK-E&W).  The  right  to  appeal  a  court  decision  in  one’s  own  right  applies  to  child  subjects  and 
witnesses in much fewer jurisdictions (six and four, respectively).

In the case of children below the minimum age of procedural capacity, the child’s legal representa-
tive holds the right to appeal a court decision on behalf of the child in all MS (see Section 3.3 for 
the minimum ages that apply in each MS). 

In eight jurisdictions (DK, EL, IT, LT, NL, PT, UK-E&W, UK-NI), the child is required to give his/her 
consent  before  a  legal  representative  can  make  submissions  and/or  appeal  against  a  court  deci-
sion on behalf of the child. This provision applies to plaintiffs,  defendants and subjects in PT; 
to plaintiffs and defendants in DK, LT, UK-E&W and UK-NI; only to plaintiffs in NL; and only to 
defendants in EL.

In most of the jurisdictions concerned, the requirement for the child to give his or her consent only 
covers  one  or  two  areas  of  law:  placement  in  care,  in  PT  and  UK-NI;  offences  committed  by 
children below the minimum age of criminal responsibility in EL; administrative sanctions in LT; and 
family proceedings in UK-E&W. In contrast, the provision covers all areas of law in DK, and all areas 
of  law  except  administrative  sanctions  in  NL.  In  IT,  the  provision  covers  five  areas  of  law:  asylum, 
migration, education, health and placement into care

Right of the child care authority to appeal (CivAdm177)

All jurisdictions except BE, BG, LU and UK-S have a statutory provision allowing child care authori-
ties  to  appeal  against  certain  court  decisions  involving  children.  For  example,  they  may  appeal 
against a court decision which refuses to allow the child access to a parent. 

The  provision  applies  most  frequently  in  the  areas  of  placement  into  care  and  family  law, 
followed  by  migration  (in  25,  20  and  18  jurisdictions,  respectively).  The  provision  applies  least 
frequently  in  the  areas  of  employment  and  administrative  sanctions  (in  eight  and  12  jurisdictions, 
respectively).  In  six  jurisdictions  (CZ,  MT,  PL,  SK,  UK-E&W  and  UK-NI),  the  provision  applies  in  all 
areas of law. In another four jurisdictions (CY, EE, FR, HR) the provision applies in eight areas of law. 

In  terms  of  the  roles  of  the  child,  the  provision  most  commonly  applies  to  children  involved  in  the 
proceedings  as  plaintiffs  or  defendants  (24  jurisdictions).  In  some  MS  (12)  it  also  applies  to 
subjects. The provision applies to witnesses only in three MS: IE (in health and placement in care 
proceedings); and in EE and HR (in all areas of law except employment).

Table  A4.15  maps  the  coverage  of  this  provision  by  area  of  law  and  by  role  of  the  child  in  all 
jurisdictions. 

Legal obligation to secure the right of children to claim compensation for damages 
caused by violation of rights (CivAdm179) 

In 13 MS (BG, CY, EE, EL, ES, FI, FR, HR, HU, NL, PL, PT, SK) there is a legal obligation to ensure that 
the procedures available for children to claim compensation for damages caused by violation of 
rights are effective. This may involve, for example, an obligation to provide facilitated procedures for 
claiming compensation in the case of children, or an obligation to set up support structures to help 
children submit their claims (see below).

Where the legal obligation exists, it normally applies in all or almost all areas of law. The excep-
tions are CY and NL, where the obligation only applies in three areas of law (family, employment and 
placement in care) and two areas of law (asylum and migration), respectively. The legal obligation 

62

least  commonly  applies  in  the  area  of  offences  committed  by  children  below  the  age  of 
criminal responsibility (it applies in this area of law in nine out of the 13 MS concerned).

In terms of the roles of the child, the provision applies most frequently to child plaintiffs (13 juris-
dictions),  next  to  child  defendants  (12  jurisdictions)  and  subjects  (11  jurisdictions)  and  least 
frequently to child witnesses (eight jurisdictions).

In eight out of the thirteen MS where such a legal obligation exists (BG, HR, EE, FR, EL, PL, PT and 
ES).  However,  where  the  provision  applies  to  children  as  subjects,  it  applies  in  much  fewer  areas 
of law. For example, in HR, the legal obligation applies to subjects only in the area of health; in CY, 
it  applies  to  subjects  only  in  the  areas  of  family  and  placement  into  care;  and  in  EL,  it  applies  to 
subjects only in the area of placement into care. 

The existence of support to enable children to access remedies and compensation 
for violation of rights (CivAdm180)

In 15 jurisdictions (AT, BE, HR, CY, FI, FR, DE, EL, MT, PL, SK, SI, ES, UK-E&W, UK-NI) support exists to 
enable children and/or their legal representatives involved in civil or administrative judicial proceed-
ings to access remedies or compensation for violation of rights/failure to act. 

The type of support varies across jurisdictions, and includes:

■  Obligation for the court to provide information on access to remedies and options for compen-

sation when it hands down a judgment (e.g. AT, HR);

■  Provision of legal aid to children and/or their legal representative in order to cover the costs of 

an appeal (e.g. FI, PT);

■  Possibility of extending the time limits to appeal in cases where a legal representative was 

not secured in time for the child to appeal (e.g. BE);

■  Specific  institutional  support  set  up  to  provide  children  and/or  their  legal  representatives 
with guidance, advice or protection (e.g. Child Commissioners in CY, social services in BE and SI, 
the Child’s Legal Advisor in AT, the Children and Young People’s Ombudsmen in AT and FI, and 
the Youth Welfare Offices in AT).

The  obligation  to  provide  information  on  access  to  remedies  and  options  for  compensation  (e.g.  in 
AT and HR), and the provision of legal aid in order to cover the costs of an appeal (e.g. in FI and PT) 
are not specifically tailored for children; they are provided to any party (i.e. adults and children alike) 
wishing to access remedies or compensation. The possibility of extending the time limits to appeal 
(e.g. in BE) and the specific institutional support available in AT, BE, CY, FI and SI, for example, are 
specifically adapted to the needs of children.

In  almost  all  of  the  15  jurisdictions  concerned,  the  support  applies  to  children  (and/or  their  legal 
representative)  in  all  or  almost  all  areas  of  law.  In  eight  MS  (AT,  BE,  DE,  HR,  FI,  MT,  PT,  SK)  the 
support  applies  in  all  of  the  areas  of  law;  in  five  jurisdictions  (ES,  FR,  SI,  UK-E&W,  UK-NI)  the 
support applies in eight areas of law; while in two MS (CY and EL), the support applies in fewer than 
five  areas  of  law  (e.g.  in  CY,  only  in  family,  employment,  education,  health  and  placement  in  care 
proceedings; in EL, only in family proceedings).

The support applies to children (or their legal representatives) involved in the proceedings as plain-
tiffs or defendants in all of the jurisdictions concerned except for EL (where it only applies to plain-
tiffs). In five MS (ES, FI, MT, PT and SI), the support also applies to children involved as witnesses 
and in eight MS (CY, ES, FI, FR, HR, MT, PT, SI) to children involved as subjects. However, in the case 
of subjects, the support applies in much fewer areas of law. In FI, for example, whereas the support 
applies to child plaintiffs, defendants and witnesses in all areas of law, it only applies to subjects in 
family proceedings. In ES, whereas the support applies to child plaintiffs, defendants and witnesses 
in all areas of law except offences below the age of criminal responsibility, it only applies to subjects 
in the areas of education, health and placement into care.

63

Mechanisms in place to permit the court or child to take actions where there is 
a conflict of interests between the child and his/her parents in the context of 
accessing remedies or compensation (CivAdm182)

In all jurisdictions except IE and RO mechanisms exist to permit the court or the child involved in judi-
cial proceedings to take action if there is a conflict of interests with his/her parents in the context of 
accessing remedies or compensation. 

The mechanisms usually involve the appointment by the court of a legal guardian or guardian 
ad  litem  to  support  children  who  wish  to  access  remedies  or  compensation  claims  against  their 
parents (see Section 4.6 on the right of children to legal counsel, legal assistance and legal repre-
sentation). In CY, the mechanism involves requesting the Child Commissioner to intervene. 

In 14 MS (AT, BE, BG, CZ, DE, EE, FI, HR, HU, LT, LV, MT, PT, SK) the mechanisms apply in all areas of 
law; elsewhere they apply in certain areas of law only: 

■  In six MS (ES, IT, LU, NL, SE, SI), they apply in all areas of law except administrative sanctions or 

offences below MACR; 

■  In one MS (PL), the mechanism applies in all areas of law except migration, asylum, education 

and health;

■  In three jurisdictions (EL, FR, UK-S), they apply in three areas of law (family, placement in care, 

and employment and/or offences below the age of criminal responsibility);

■  In four jurisdictions (CY, DK, UK-E&W, UK-NI), the mechanisms apply in one or two areas of law 

(family and placement in care).

In terms of the roles of the child, the mechanisms that exist apply to child plaintiffs and defend-
ants in all of the jurisdictions concerned (although in some jurisdictions, they apply to defendants in 
a smaller number of areas of law). 

The  mechanisms  also  apply  to  child  subjects  in  18  out  of  the  28  jurisdictions  concerned  (the 
exceptions  are  AT,  BG,  FI,  DE,  LV,  NL,  SK,  SE,  UK-E&W,  UK-NI  where  the  provisions  do  not  apply  to 
child subjects). However, in several jurisdictions, the provision applies to subjects in a small number 
of areas law (e.g. in PL and PT, it only applies in the areas of family and placement into care; in FI 
and HU, in the area of family proceedings; in CY, in the area of placement into care; in HR, in health 
proceedings; and in BE, in family, asylum and migration proceedings). 

In  12  jurisdictions  (AT,  CZ,  CY,  DE,  EE,  ES,  FI,  HU,  MT,  PT,  SE,  UK-S),  the  mechanisms  also  apply  to 
child  witnesses.  However,  in  the  case  of  CY  and  UK-S,  they  only  apply  to  witnesses  involved  in 
family proceedings. 

General observations: legal remedies and compensation

■  All MS make legal remedies available to children whose rights have been violated in civil or 
administrative judicial proceedings. In many cases these are not available to children in their 
own right, but rather through their legal representative.

■  In 23 jurisdictions, children have a statutory right to appeal a court decision in their own name 
rather than through a legal representative, subject to minimum age conditions. The provision 
applies most frequently in the area of family law (17 jurisdictions).

■  In  26  jurisdictions  there  is  a  statutory  provision  allowing  child  care  authorities  to  appeal 
against certain court decisions involving children. The provision applies most frequently in the 
areas of placement into care (25 jurisdictions) and family law (20 jurisdictions).

■  In  13  MS  there  is  a  legal  obligation  to  ensure  that  the  procedures  available  for  children  to 
claim compensation for damages caused by violation of rights are effective. Where this provi-
sion exists, it normally applies to all areas of law.

64

4.10 Offsetting the legal costs to child defendants and 

plaintiffs

The  cost  of  court  fees  may  represent  a  barrier  to  the  effective  participation  of  child  plaintiffs  or 
defendants  in  civil  and  administrative  judicial  proceedings.  In  a  number  of  jurisdictions,  there  are 
statutory provisions allowing the court fees to be waived in the case of a child defendant or plaintiff. 
In other jurisdictions, the court or judge has discretionary powers to waive the court fees in the case 
of child plaintiffs or defendants.

Statutory provision allowing court fees to be waived (CivAdm185)

Fifteen jurisdictions (BE, BG, CZ, DK, EE, FI, EL, HR, IT, PL, PT, RO, SK, UK-E&W, UK-NI) have statutory 
provisions allowing the court fees to be waived in the case of a child defendant or plaintiff. 

In  nine  of  the  15  jurisdictions  where  such  statutory  provisions  exist  (BE,  BG,  CZ,  EE,  FI,  HR,  SK, 
UK-E&W and UK-NI) court fees can be waived in proceedings relating to all areas of law. In the 
other  six  jurisdictions,  a  variety  of  areas  of  law  are  covered;  the  areas  of  law  that  are  most  often 
covered  by  this  provision  are  offences  committed  below  MACR  (15  jurisdictions),  migration, 
asylum, health and placement in care (14 jurisdictions each).

Whilst the possibility of waiving court fees applies exclusively to children involved as plaintiffs and 
defendants, in some jurisdictions, the provision only applies to plaintiffs (in several areas of law) or 
to defendants (in a smaller number of areas of law). For example: 

■  In FI, only plaintiffs are covered in all areas of law; 

■  In  EL,  only  defendants  are  covered  in  cases  relating  to  offences  committed  under  the  age  of 

criminal responsibility; 

■  In  IT,  only  plaintiffs  are  covered  except  in  cases  relating  to  offences  committed  below  MACR 

where both plaintiffs and defendants are covered; and, 

■  In PT, while plaintiffs are covered in all areas of law except placement in care, defendants are 
only covered in proceedings relating to administrative sanctions and offences committed below 
MACR. 

Discretionary power on the part of the court or judge to waive court fees 
(CivAdm186)

In six of the 15 jurisdictions that have statutory provisions allowing the court fees to be waived in 
the case of a child plaintiff or defendant (BG, CZ, EE, EL, PL, SK), the court or judge has discretionary 
power to decide whether to waive the court fees. The discretionary power applies to child plaintiffs 
and defendants in the same areas of law that are covered by the statutory provisions allowing the 
court fees to be waived, except in BG and EL where some exceptions apply. In BG, the discretionary 
power  of  the  court  or  judge  does  not  extend  to  employment  proceedings;  and  in  EL,  it  does  not 
extend to family or employment proceedings. 

The judge or court also has discretionary power to waive the court fees in three MS where no statu-
tory provisions allowing the court fees to be waived in the case of a child defendant or plaintiff exist. 
This concerns FR, LT and NL. In these three MS, the discretionary power of the judge applies to family, 
employment and placement in care (FR) or all  areas  of  law  except  administrative  sanctions 
and  offences  committed  below  MACR  (LT  and,  in  the  case  of  plaintiffs,  NL).  In  NL,  the  discre-
tionary power of the court or judge only applies to defendants in the case of migration proceedings.

General observations: legals costs

■  Fifteen jurisdictions have statutory provisions allowing the court fees to be waived in the case 
of a child defendant or plaintiff (in seven cases this is subject to a discretionary decision on 
the part of the judge). The statutory provisions apply most frequently in the area of offences 
committed  below  MACR  (15  jurisdictions),  migration,  asylum,  health  and  placement  in  care 
(14 jurisdictions each).

65

■  The judge or court also has discretionary power to waive the court fees of child defendants or 
plaintiffs in three MS (FR, LT and NL) where no statutory provisions allowing the court fees to 
be waived in the case of a child defendant or plaintiff exist. 

4.11 Enforcement of court judgments in a child friendly 

manner

When the parties do not cooperate in the implementation of a court judgment, or when the court has 
not made the judgment immediately enforceable in the main proceedings, enforcement proceedings 
may  follow.  This  section  considers  whether  MS  have  adopted  the  following  measures  intended  to 
ensure the well-being of the child immediately prior to, or during, enforcement proceedings:

■  The duty to communicate decisions or judgments to the child (in a language that the child can 

understand);

■  The existence of guidance or a code of conduct for lawyers, guardians ad litem or legal repre-

sentatives on how to communicate a decision or judgement to a child;

■  The possibility for the court to impose protective temporary measures where the child is at risk 

of danger or harm;

■  The possibility for the court to make decisions directly or immediately enforceable;

■  The use of force as a measure of last resort to implement a judgment, e.g. where the immediate 

enforcement of the decision is not successful.

Duty to communicate a decision or judgement to the child (CivAdm 188a and 188b)

In  23  jurisdictions,  court  decisions  must  be  communicated  to  a  child  involved  in  judicial 
proceedings  (AT,  BE,  BG,  CY,  CZ,  DE,  DK,  EE,  EL,  ES,  FI,  FR,  HR,  HU,  IT,  NL,  PL,  PT,  RO,  SE,  UK-E&W, 
UK-NI and UK-S). In 10 of these jurisdictions, the child has the right to have the decision or judge-
ment  explained  to  him  or  her in  a  manner  adapted  to  the  child’s  level  of  understanding 
(CZ, EE, FI, FR, IT, NL, PT, SE, UK-E&W and UK-NI).

Where  the  obligation  to  communicate  a  decision  to  the  child  exists,  including  in  a  child-friendly 
manner,  it  applies  most  frequently  in  the  areas  of  family  and  placement  in  care.  It  applies 
least often in the areas of offences committed below MACR and administrative sanctions.

In at least nine jurisdictions (BE, BG, EE, FI, HR, HU, PL, PT and RO) the general obligation to commu-
nicate the decision to the child covers all areas of law. In another three jurisdictions (AT, CY, EL), it 
applies in all areas except one. In contrast, the provision applies in only one area of law in four juris-
dictions (DK, ES, UK-E&W and UK-NI) and only in two areas in two MS (family and placement in care 
in CZ and DE). 

The  legal  obligation  to  communicate  a  decision  to  a  child,  including  in  a  manner  comprehensible 
to  the  child,  applies  most  frequently  to  child  plaintiffs  and  defendants  (nine  jurisdictions  each), 
then  subjects  (7  jurisdictions).The  obligation  applies  only  in  very  few  cases  to  witnesses  (two 
jurisdictions). 

Table A4.16 provides an overview of the coverage of these provisions by area of law and role of the 
child.

The  general  duty  to  communicate  a  decision  to  a  child  applies  to  all  roles  of  the  child  only  in  FR 
and NL. In 11 MS (AT, BE, BG, CY, DE, EL, ES, HR, HU, RO and SE) it applies to plaintiffs and defend-
ants,  and  in  addition  to  subjects  in  six  jurisdictions  (FI,  PL,  PT,  UK-E&W,  UK-NI  and  UK-S).  In  EE, 
the obligation applies to witnesses, plaintiffs and defendants, in IT to plaintiffs and subjects, in DK 
to  defendants  and  subjects,  and  in  CZ  to  subjects  only.  The  duty  to  communicate  the  decision  in 
a  child-friendly  manner  applies  in  the  same  way,  except  in  NL  where  the  duty  does  not  apply  to 
witnesses, and in FI where it applies only to plaintiffs.

In a significant number of jurisdictions, it is the responsibility of the legal representative (and legal 
counsel) to communicate the decision or judgement to the child (e.g. AT, CY, CZ, DE, EL, FR, HR, NL, FI, 

66

RO, PT, UK-E&W, UK-NI). In a few MS, the child must be informed directly of the court decision (e.g. in 
DK for children over 12 years in placement in care; in SE and BE children with procedural capacity); or 
the child may be informed directly (in RO children aged 14 and above). 

Guidance on communicating a decision to a child (CivAdm189)

Only  four  jurisdictions  have  issued  guidance  or  a  code  of  conduct  for  lawyers,  guardians  ad 
litem or legal representatives on how to communicate a decision or judgement to a child in 
a manner that he or she can understand it (BE, FI, UK-E&W and UK-NI).

The guidance or code in place covers all areas of law in BE; health, asylum and migration in UK-E&W; 
asylum and migration in UK-NI; and the area of family in FI. 

The respective guidance applies to child plaintiffs and defendants in BE, to all except witnesses in 
UK-E&W and UK-NI, and to all roles of the child in FI. 

Court-imposed protective measures during enforcement proceedings (CivAdm190a)

In  cases  where  the  safety  of  the  child  is  in  danger,  the  law  ensures  that  courts  may  impose 
protective measures during enforcement proceedings in all but seven jurisdictions (BG, CZ, 
DK,  LT,  LV,  RO  and  SK).  Such  measures  can  include  temporary  child  custody,  temporary  award  of 
alimony, restraining orders or non-contact orders. 

Where  a  provision  for  protective  measures  exists,  it  applies  most  often  in  the  area  of  family  (22 
jurisdictions), followed by placement in care. It applies least in education and administrative 
sanctions (both seven jurisdictions). Courts can impose protective measures in all areas of law in 
five MS (BE, EE, FI, MT and PL). At the other end of the spectrum, in UK-E&W and UK-NI the provision 
applies only in the area of family. 

Where protective measures can be ordered, they apply mainly to child plaintiffs and defendants 
(21 jurisdictions each), subjects (20 jurisdictions), and least to witnesses (seven jurisdictions). In 
five MS (FI, FR, IT, MT and SE) they apply to all roles of the child. In HU and UK-S, such measures 
apply only to subjects. 

During the enforcement of a decision, for example in family proceedings, if it appears that the child 
could be at risk, and in order to protect the child from harm the court may 

■  Impose a restraining order to withdraw or restrict custody (e.g. in AT, SI)

■  Place the child in temporary custody (e.g. in a foster home or guardianship) (e.g. AT, DE, IE, EE, ES, 

NL, UK-E&W, UK-NI) 

■  Impose a restraining order or a non-contact, or limited contact order for family members: e.g. DE, 

EE, ES, FI, HR, IT; NL, SE, SI, UK-E&W, UK-NI)

The imposition of such protection measures can be requested by, among others: 

■  The child him/herself (HR), assisted by a legal representative (FR)

■  The parent (legal representative) (HR, IT)

■  The child’s relatives (IT)

■  Social service workers (HR) 

■  Any party to a proceeding (SI), litigants (CY)

■  The public prosecutor (IT)

67

Box 15 England, Wales and Northern Ireland – a variety of 
protective orders

A variety of orders are available to the court, including: residence orders (concerned with where a 
child is to live), contact orders (concerned with access to the child), prohibited steps orders (prohib-
iting steps that may be taken by parents without the consent of court) and specific issue orders 
(giving directions for determining a specific question in connection with parental responsibility of 
a child). 

Where any proceedings for a care order or a supervision order are adjourned, or the court directs 
an appropriate authority to undertake an investigation of the child’s circumstances, it may make 
an interim (temporary) care or supervision order. A court will only make such an order if it is satis-
fied that that the child is suffering, or is likely to suffer significant harm. 

The court may also make an emergency protection order on the application of any person, where 
there is reasonable cause to believe that the child is likely to suffer significant harm. A non-moles-
tation  order  may  be  issued  to  forbid  certain  actions  e.g.  to  prevent  a  person  from  causing  or 
threatening  violence  to  the  applicant  or  child.  An  occupation  order  may  also  be  issued  to  place 
conditions/restrictions on who may occupy and exclude persons from the family home.

Decisions made directly or immediately enforceable (CivAdm192)|

The court can make a decision of concern to children directly or immediately enforce-
able  in  16  jurisdictions  (AT,  BE,  CZ,  EE,  EL,  ES,  FI,  HR,  HU,  IT,  NL,  PL,  PT,  SK,  UK-E&W  and  UK-NI). 
Enforcing decisions immediately can secure the welfare of the child, for example with regard to child 
maintenance.

The  provision  applies  in  all  jurisdictions  in  the  areas  of  family  (16  jurisdictions)  and  placement  in 
care (nine jurisdictions) and least in the field of administrative sanctions (six jurisdictions). In four 
MS (AT, BE, EE and SK) it concerns all areas of law. In IT and PT it applies in all but one area (adminis-
trative sanctions and offences committed by children below the age of criminal responsibility respec-
tively). In three jurisdictions (HU, UK-E&W and UK-NI) the provision applies only in the area of family. 

Where  decisions  can  be  made  directly  or  immediately  enforceable,  they  apply  most  often  to  child 
plaintiffs, followed by defendants. They apply less often to witnesses and subjects. In five MS 
the provision applies to children in all roles (EE, ES, HR, IT, and NL), and only to subjects in HU. 

Table A4.17 provides an overview of the coverage of these provisions by area of law and role of the 
child.

Guidelines for courts directing them to the types of cases where decisions should be made directly 
or immediately enforceable are available only in NL and FI. These guidelines apply in the areas of 
family, asylum, migration and health in NL, and family in FI. In NL, they apply to plaintiffs 
and  subjects  in  all  those  four  areas,  and  to  defendants  in  family  and  health.  They  apply  to  all 
roles of the child in FI. 

Box 16 Poland – immediately enforceable orders

In general, all decisions of the guardianship court are effective and enforceable the moment they 
are  announced,  and  if  they  have  not  been  announced,  the  moment  they  are  issued.  There  are 
several exemptions to this rule. Decisions in cases regarding award, limitation, suspension, termi-
nation of parental authority and contacts with the child are enforceable only after the judgment 
has obtained the force of res judicata. 

Similarly,  decisions  of  the  guardianship  court:  (i)  allowing  girls  of  16  years  of  age  and  above  to 
conclude  marriage,  (ii)  concerning  the  adoption  of  a  new  name  for  the  child,  and  (iii)  concerning 
adoption, are effective only after the judgment has obtained the force of res judicata. 

All judgments awarding alimony are immediately enforceable.

68

Box 17 Belgium – ensuring speedy enforcement of judgments

In  BE,  specific  fast-track  procedures  have  been  established  to  enforce  family  law  judgments 
related  to  the  housing  of  the  child,  rights  to  personal  relationships  with  the  child  (access  rights) 
and the arrangements agreed in a divorce agreement. 

In case one of the parents refuses to enforce the judgment or agreement with respect to children, 
the other party can bring the case back before the competent court, in which case the case must 
be heard with priority. The court may order new investigating measures such as official inquiries. It 
may also attempt to reconcile the parties or suggest mediation. In addition, the court may review 
the decision and agreements. The other party may also petition the judge to order coercive meas-
ures. The court may order penalty payment for not complying with the judgment.

Use of force to implement a judgement as a measure of last resort (CivAdm195)

A statutory provision on the use of force to implement a judgement as a measure of last resort 
when children are involved exists in 13 jurisdictions (AT, BE, CY, DE, FI, FR, HR, PL, PT, SE, SI, UK-E&W 
and UK-NI). Force can be used as a last resort for example to withdraw a child from a noncustodial 
parent, or when the child refuses to be placed in care, if necessary with the executive assistance of 
the police.

The provision applies in all 13 jurisdictions in the area of family, followed by placement in care 
(ten  jurisdictions).  In  all  other  areas  of  law,  the  provision  applies  at  the  most  in  three  jurisdictions 
respectively. The provision relates to all areas of law in BE, in FI to all except employment, educa-
tion and administrative sanctions, and in HR only to family, health, placement in care and offences 
committed  below  the  age  of  criminal  responsibility.  In  the  other  nine  jurisdictions,  the  provision 
applies only in the area of family (and placement in care). 

Where  the  statutory  provision  exists,  it  applies  most  frequently  to  child  plaintiffs,  followed  by 
defendants  and  subjects.  It  applies  to  witnesses  only  rarely.  Whilst  the  provision  applies  to  all 
roles of the child in HR and FR, it applies only to one role in CZ (plaintiff), PL and SE (subjects). 

Box 18 Sweden – use of force without harm to the child

The collection of, taking charge of, or any other measure affecting a child shall be carried out with 
greatest  possible  consideration  for  the  child.  If  the  child  cannot  be  moved  due  to  illness  or  any 
other  special  circumstances,  the  measure  can  be  postponed.  If  there  is  any  danger  of  the  child 
being  taken  out  of  the  country  or  if  the  matter  is  urgent  for  some  other  reason,  the  court  may 
immediately  order  the  child  to  be  taken  charge  of  by  the  social  services  or  in  any  other  appro-
priate manner. If it is not possible to wait for such a decision, the police authority may, irrespective 
of whether any legal proceedings have been commenced, take such immediate measures as can 
be  taken  without  harm  to  the  child.  The  measures  that  have  been  taken  shall  immediately  be 
reported to the court, which shall consider without delay whether they shall stand.

General observations: enforcement of court judgments

■  In  23  jurisdictions,  court  decisions  must  be  communicated  to  a  child  involved  in  judicial 
proceedings and in 10 of these jurisdictions, the decision must be communicated in a manner 
adapted to the child’s level of understanding. 

■  Guidance for lawyers, guardians ad litem or legal representatives on how to communicate a 
decision to a child in a manner that he or she understands exists only in four jurisdictions.

■  In cases where the safety of the child is in danger, the law ensures that courts may impose 

protective measures during enforcement proceedings in all but seven jurisdictions.

69

■  The court can make a decision of concern to children directly or immediately enforceable in 16 
jurisdictions. Guidance for courts directing them to the types of cases where decisions should 
be made directly or immediately enforceable are available only in two jurisdictions.

■  A  statutory  provision  on  the  use  of  force  to  implement  a  judgement  as  a  measure  of  last 

resort when children are involved exists in 13 jurisdictions.

70

5  Concluding observations:  

the frequency with which safeguards exist

5.1  Introduction

This section considers the areas of child-friendly justice that have been examined in this summary 
report, distinguishing: 

■  Safeguards and rights that are frequent and infrequent for child plaintiffs, defendants, witnesses 

and subjects (Section 5.2); 

■  Safeguards  and  rights  that  are  frequent  and  infrequent  across  different  areas  of  law:  family, 
employment, asylum, migration, education, health, placement in care, administrative sanctions, 
and offences committed below MACR (Section 5.3); 

■  Safeguards  and  rights  that  are  frequent  and  infrequent  across  different  areas  of  protection: 
access to justice, monitoring mechanisms, training requirements, multidisciplinary approach, etc. 
(Section 5.4)

■  The frequency of safeguards for children across different jurisdictions (5.5);

5.2  Safeguards applying to children in different roles: 
plaintiffs, defendants, witnesses and subjects

A greater number of safeguards apply to children involved in civil and administrative judicial proceed-
ings as plaintiffs than to children involved as defendants, witnesses or subjects. 

■  Thirty-eight  of  the  72  safeguards  reviewed  apply  to  child  plaintiffs  in  more  than  15  jurisdic-
tions, 15 safeguards apply to children in this role in 25 or more jurisdictions and six safeguards 
apply to child plaintiffs in fewer than six jurisdictions.

■  Thirty of the 72 safeguards apply to child defendants in more than 15 jurisdictions, 12 apply 
to  children  in  this  role  in  25  or  more  jurisdictions.  Ten  safeguards  apply  to  child  defendants  in 
fewer than six jurisdictions.

■  Nineteen of the 72 safeguards apply to child witnesses in more than 15 jurisdictions, five apply 
to children in this role in 25 or more jurisdictions and 25 safeguards apply to child witnesses in 
fewer than six jurisdictions.

■  Twenty-one out of the 72 safeguards apply to child subjects in more than 15 jurisdictions. Only 
two safeguards apply to children in this role in 25 or more jurisdictions and 13 safeguards apply 
to child subjects in fewer than six jurisdictions. 

The  most  prevalent  safeguard  that  applies  to  child  plaintiffs  is  the  legal  obligation  to  appoint  a 
guardian  or  advisor  to  represent  unaccompanied  and  separated  children  in  asylum  and  migration 
cases, free of charge (CivAdm156). This safeguard applies in all jurisdictions. 

The least prevalent safeguard that applies to child plaintiffs is the provision of guidelines for judi-
cial authorities on the types of cases involving children where decisions should be made directly or 
immediately enforceable (CivAdm193) (2 jurisdictions).

The most prevalent safeguards that apply to child defendants is the statutory right of children to 
the protection of their personal data, especially in the context of processing, storing and transmitting 
court records (CivAdm085); the statutory right to free legal aid (CivAdm151); and the legal obligation 
to appoint a guardian or advisor to represent unaccompanied and separated children, free of charge 
(CivAdm156). These safeguards apply in all except one jurisdiction. 

The  least  prevalent  safeguards  that  apply  to  child  defendants  concern  provisions  regarding  the 
restriction of the child’s liberty: the statutory provision on the use by judicial authorities of restriction 
of liberty or detention as a measure of last resort (CivAdm171a) or for the shortest possible amount 
of time (CivAdm171b); the statutory right of the child to appeal an administrative decision to restrict 

 
71

their  liberty  (CivAdm168);  and  the  existence  of  an  independent  system  for  monitoring  the  appro-
priate use of detention (CivAdm169). These safeguards apply in one jurisdiction respectively. 

The most prevalent safeguard that applies to child witnesses is the statutory right of children to 
the protection of their personal data, especially in the context of processing, storing and transmitting 
court records (CivAdm085). This safeguard applies in all except one jurisdiction. 

The least prevalent safeguards that apply to child witnesses are statutory conditions attached to 
representation of the child by a legal representative or guardian (e.g. signed written consent by the 
child) (CivAdm049); the existence of guidance or a code of conduct for lawyers, guardians ad litem or 
legal representatives on how to communicate a decision or judgement to a child involved in judicial 
proceedings in a manner adapted to the child’s level of understanding (CivAdm189); the provision of 
guidelines for judicial authorities on the types of cases involving children where decisions should be 
made directly or immediately enforceable (CivAdm193).These safeguards apply to child witnesses in 
only one jurisdiction respectively.

The most prevalent safeguard that applies to child subjects is the statutory provision allowing enti-
ties to file applications/ initiate legal proceedings in child protection cases (CivAdm057). This safe-
guard applies in 27 jurisdictions. 

The least prevalent safeguard that applies to child subjects is the right of the child to initiate alter-
native  dispute  resolution  (ADR)  in  their  own  right  (CivAdm163).  This  safeguard  applies  in  only  one 
jurisdiction. 

The  most  prevalent  safeguard  that  applies  to  all  four  roles  of  the  child  in  judicial  proceedings 
is  the  statutory  provision  allowing  entities  to  file  applications  or  initiate  legal  proceedings  in  child 
protection cases (CivAdm057) which applies in an average of 27 jurisdictions. 

The least prevalent safeguard that applies to all four roles of the child is the provision of guide-
lines for judicial authorities on the types of cases involving children where decisions should be made 
directly or immediately enforceable (CivAdm193) which applies in an average of 2 jurisdictions.

The following sections identify the most frequent and least frequent safeguards that apply to chil-
dren in each of the roles.

5.2.1  Safeguards that are most prevalent for child plaintiffs

Table 5.1 identifies the 15 safeguards that exist in more than 24 jurisdictions for child plaintiffs.

Table 5.1  Safeguards for child plaintiffs existing in more than 24 jurisdictions

Legal obligation to appoint a guardian or advisor to represent unaccompanied and separated children, free of charge 

(CivAdm156) (30 jurisdictions)

Statutory provision on the right of the court to adopt precautionary and interim measures regarding children 

(CivAdm058) (29 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (29 jurisdictions)

Statutory provision for court to impose protective measures during court proceedings (CivAdm125a) (29 jurisdictions)

Statutory provision on the right of the child to appeal an administrative decision to restrict their liberty (CivAdm168) (28 

jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to free legal aid (CivAdm151) (28 jurisdictions)

Statutory provision on the appointment by the court of a guardian ad litem or special legal representative to represent 

child where there are potential conflicts of interest between child and parents (CivAdm154) (28 jurisdictions)

Mechanisms to permit the court or the child involved in judicial proceedings to take actions if there is a conflict of inter-

ests with his/her parents (CivAdm182) (28 jurisdictions)

Statutory provision allowing entities to file applications/initiate legal proceedings in child protection cases (CivAdm057) 

(27 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to privacy (CivAdm80a) (27 jurisdictions)

Statutory provision on the child's right to be heard, disaggregated by type of proceeding (CivAdm127) (27 jurisdictions)

72

Monitoring mechanisms at national level to systematically review domestic legislation, policies and practice related to 

judicial proceedings to ensure their compatibility with international standards of child-friendly justice (CivAdm044) (25 

jurisdictions)

Legal obligation for judicial authorities to avoid undue delay in their handling of cases involving children (urgency prin-

ciple) (CivAdm105) (25 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention for the shortest possible amount 

of time (CivAdm171b) (25 jurisdictions)

Statutory provision allowing a child care authority to appeal against certain court decisions involving children 

(CivAdm177) (25 jurisdictions)

5.2.2  Safeguards that are uncommon for child plaintiffs

Table 5.2 identifies the six safeguards that exist in less than six jurisdictions for child plaintiffs.

Table 5.2  Safeguards for child plaintiffs existing in less than six jurisdictions

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (5 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (5 jurisdictions) 

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 
healthcare services) to ensure that children receive information (CivAdm069) (4 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (4 

jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (4 jurisdictions)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (2 jurisdictions)

5.2.3  Safeguards that are most prevalent for child defendants

Table 5.3 identifies the 12 safeguards that exist in more than 24 jurisdictions for child defendants.

Table 5.3  Safeguards for child defendants existing in more than 24 jurisdictions

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (29 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to free legal aid (CivAdm151) (29 jurisdictions)

Legal obligation to appoint a guardian or advisor to represent unaccompanied and separated children, free of charge 

(CivAdm156) (29 jurisdictions)

Existence of statutory provision on the right of the court to adopt precautionary and interim measures regarding children 

(CivAdm058) (28 jurisdictions)

Statutory provision for court to impose protective measures during court proceedings (CivAdm125a) (28 jurisdictions)

Statutory provision on the appointment by the court of a guardian ad litem or special legal representative to represent 

child where there are potential conflicts of interest between child and parents (CivAdm154) (28 jurisdictions)

Mechanisms to permit the court or the child involved in judicial proceedings to take actions if there is a conflict of inter-

ests with his/her parents (CivAdm182) (28 jurisdictions)

Statutory provision allowing entities to file applications/initiate legal proceedings in child protection cases (CivAdm057) 

(27 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to privacy (CivAdm080a) (27 jurisdictions)

73

Procedures to ensure that the records of children are kept strictly confidential and closed to third parties (CivAdm086a) 

(26 jurisdictions)

Statutory provision on the child’s right to be heard, disaggregated by type of proceeding (CivAdm127) (26 jurisdictions)

Monitoring mechanisms at national level to systematically review domestic legislation, policies and practice related to 

judicial proceedings to ensure their compatibility with international standards of child-friendly justice (CivAdm044) (25 

jurisdictions)

5.2.4  Safeguards that are uncommon for child defendants

Table 5.4 identifies the ten safeguards that exist in less than six jurisdictions for child defendants.

Table 5.4  Safeguards for child defendants existing in less than six jurisdictions

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (5 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (5 

jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (5 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (4 jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (4 jurisdictions)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (2 jurisdictions)

Statutory provision on the right of the child to appeal an administrative decision to restrict their liberty (CivAdm168) (1 

jurisdiction)

Independent system for monitoring the appropriate use of detention (CivAdm169) (1 jurisdiction)

Statutory provision on the use by judicial authorities of restriction of liberty or detention as a measure of last resort 

(CivAdm171a) (1 jurisdiction)

Statutory provision on the use by judicial authorities of restriction of liberty or detention for the shortest possible 

amount of time (CivAdm171b) (1 jurisdiction)

5.2.5  Safeguards that are most prevalent for child witnesses

Table 5.5 identifies the five safeguards that exist in more than 24 jurisdictions for child witnesses.

Table 5.5  Safeguards for child witnesses existing in more than 24 jurisdictions

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (29 jurisdictions)

Statutory provision allowing entities to file applications/initiate legal proceedings in child protection cases (CivAdm057) 

(27 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to privacy (CivAdm080a) (27 jurisdictions)

Procedures to ensure that the records of children are kept strictly confidential and closed to third parties (CivAdm086a) 

(26 jurisdictions)

Monitoring mechanisms at national level to systematically review domestic legislation, policies and practice related to 

judicial proceedings to ensure their compatibility with international standards of child-friendly justice (CivAdm044) (25 

jurisdictions)

74

5.2.6  Safeguards that are uncommon for child witnesses

Table 5.6 identifies the 25 safeguards that exist in less than six jurisdictions for child witnesses.

Table 5.6  Safeguards for child witnesses existing in less than six jurisdictions

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (5 

jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (5 

jurisdictions)

Statutory provision on the right of children to be heard while accessing and during the ADR (CivAdm160) (5 jurisdictions)

Support to enable child involved in judicial proceedings to access remedies or compensation for violation of rights/failure 

to act (CivAdm180) (5 jurisdictions)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (4 jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (4 jurisdictions)

Statutory provision on the right of a child to have recourse to Alternative Dispute Resolution (ADR) (CivAdm157) (4 

jurisdictions)

Statutory basis for a child involved in judicial proceedings to appeal against a court’s decision in his/her own right 

(CivAdm173) (4 jurisdictions)

Statutory provision for judicial authorities to make decisions which concern children directly or immediately enforceable 

(CivAdm192) (4 jurisdictions)

Mechanism or body to monitor the implementation of the urgency principle in respect of judicial proceedings involving 

children (CivAdm108) (3 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected. 

(CivAdm128) (3 jurisdictions)

Mechanism to monitor the appointment and quality of service provided by guardians ad litem to children involved in 

judicial proceeding (CivAdm155) (3 jurisdictions)

Statutory provision on the right of children to obtain legal advice and other assistance in determining the appropriate-

ness and desirability of using alternatives to judicial proceedings (CivAdm166) (3 jurisdictions)

Statutory provision allowing a child care authority to appeal against certain court decisions involving children 

(CivAdm177) (3 jurisdictions)

Statutory provision on the use of force to implement a judgement as a measure of last resort in family cases when 

children are involved (CivAdm195) (3 jurisdictions)

Statutory provision that the information should be provided at first contact with the judicial system or other competent 

authorities (e.g. police, immigration, educational, social or healthcare services) (CivAdm068b) (2 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (2 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (2 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (2 jurisdictions)

Mechanism for the competent authorities to inform children about the possibility of having recourse to ADR (CivAdm161) 

(2 jurisdictions)

Statutory provision on the right to legal redress when children feel their rights have been violated in the ADR procedure 

(CivAdm164) (2 jurisdictions)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (2 jurisdictions)

Statutory conditions attached to representation of the child by a legal representative or guardian (e.g. signed written 

consent by the child) (CivAdm049) (1 jurisdiction)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189). (1 jurisdiction)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (1 jurisdiction)

75

5.2.7 

Safeguards that are most prevalent for child subjects

Table 5.7 identifies the two safeguards that exist in more than 24 jurisdictions for child subjects.

Table 5.7  Safeguards for child subjects existing in more than 24 jurisdictions

Statutory provision allowing entities to file applications/initiate legal proceedings in child protection cases (CivAdm057) 

(27 jurisdictions)

Statutory provision for courts to impose protective measures during court proceedings (CivAdm125a) (25 jurisdictions)

5.2.8  Safeguards that are uncommon for child subjects

Table 5.8 identifies the 13 safeguards that exist in less than six jurisdictions for child subjects.

Table 5.8  Safeguards for child subjects existing in less than six jurisdictions

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (5 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (5 jurisdictions)

Mechanism for the competent authorities to inform children about the possibility of having recourse to ADR (CivAdm161) 

(5 jurisdictions)

Mechanism or body to monitor the implementation of the urgency principle in respect of judicial proceedings involving 

children (CivAdm108) (5 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (4 jurisdictions) 

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (4 

jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (4 jurisdictions)

Statutory provision on the right of children to obtain legal advice and other assistance in determining the appropriate-

ness and desirability of using alternatives to judicial proceedings (CivAdm166) (3 jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (3 jurisdictions)

Statutory provision on the right to legal redress when children feel their rights have been violated in the ADR procedure 

(CivAdm164) (2 jurisdictions)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (2 jurisdictions)

Minimum age at which a child can initiate ADR in their own right (CivAdm163) (1 jurisdiction)

Statutory provision allowing the court fees to be waived in the case of a child defendant or plaintiff. (CivAdm185) (1 

jurisdiction)

5.3  Safeguards applying to children in different areas of law

The number of safeguards that apply to children in the nine different areas of law that are reviewed 
in this summary report vary significantly. The tables below indicate that the greatest number of safe-
guards apply to children in placement in care and family law proceedings.

■  Placement in care: Nine safeguards apply in 25 or more jurisdictions; 20 safeguards apply in 

more than 20 jurisdictions, whereas 10 safeguards apply in five or less jurisdictions. 

■  Family  law:  Eight  safeguards  apply  in  25  or  more  jurisdictions;  22  safeguards  apply  in  more 

than 20 jurisdictions, whereas 11 safeguards apply in five or less jurisdictions. 

■  A smaller number of safeguards apply in the other areas, in the following order:

76

■  Migration: Four safeguards apply in 25 or more jurisdictions; 12 safeguards apply in more than 

20 jurisdictions, whereas 15 safeguards apply in five or less jurisdictions.

■  Asylum: Four safeguards apply in 25 or more jurisdictions; 12 safeguards apply in more than 

20 jurisdictions, whereas 15 safeguards apply in five or less jurisdictions.

■  Health: Two safeguards apply in 25 or more jurisdictions; 11 safeguards apply in more than 20 

jurisdictions, whereas 17 safeguards apply in five or less jurisdictions.

■  Administrative sanctions: Two safeguards apply in 25 or more jurisdictions; seven safeguards 
apply in more than 20 jurisdictions, whereas 23 safeguards apply in five or less jurisdictions.

■  Education: One safeguard applies in 25 or more jurisdictions; 11 safeguards apply in more than 

20 jurisdictions, whereas 23 safeguards apply in five or less jurisdictions.

■  Employment: One safeguard applies in 25 or more jurisdictions; 11 safeguards apply in more 

than 20 jurisdictions, whereas 24 safeguards apply five or less jurisdictions.

■  Offences  committed  below  MACR:  Zero  safeguards  apply  in  25  or  more  jurisdictions;  two 
safeguards  apply  in  more  than  20  jurisdictions,  whereas  19  safeguards  apply  in  five  or  less 
jurisdictions.

The following sections identify the most frequent and least frequent safeguards that apply to chil-
dren in each area of law.

5.3.1 

Placement in care

Table 5.9 provides a list of safeguards for children in placement in care proceedings that are present 
in 25 or more jurisdictions.

Table 5.9  Safeguards that are most prevalent in the area of placement in care

Statutory provision on the right of the court to adopt precautionary and interim measures regarding children 

(CivAdm058) (29 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (29 jurisdictions)

Statutory provision for court to impose protective measures during court proceedings (CivAdm125a) (27 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to privacy (CivAdm080a) (26 jurisdictions)

Statutory provision on the child’s right to be heard, disaggregated by type of proceeding (CivAdm127) (26 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to free legal aid (CivAdm151) (26 jurisdictions)

Statutory provision on the appointment by the court of a guardian ad litem or special legal representative to represent 

child where there are potential conflicts of interest between child and parents (CivAdm154) (26 jurisdictions)

Mechanisms to permit the court or the child involved in judicial proceedings to take actions if there is a conflict of inter-

ests with his/her parents (CivAdm182) (26 jurisdictions)

Statutory provision allowing a child care authority to appeal against certain court decisions involving children 

(CivAdm177) (25 jurisdictions)

Table 5.10 identifies the safeguards that are uncommon (existing in five or less jurisdictions) for chil-
dren in the area of placement in care.

Table 5.10  Safeguards  that  are  least  prevalent  for  children  in  proceedings  on 
placement

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can bring a case to 

court in their own right (CivAdm046) (5 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (5 jurisdictions)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s commu-

nication skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (5 jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (5 jurisdictions)

77

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (5 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (4 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (4 

jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (1 jurisdiction)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (0 jurisdictions)

5.3.2 

Family law

Table 5.11 provides a list of safeguards for children in family proceedings that are present in 25 or 
more jurisdictions.

Table 5.11   Safeguards for children in family proceedings 

Statutory provision on the right of the court to adopt precautionary and interim measures regarding children 

(CivAdm058) (28 jurisdictions) 

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records(CivAdm085) (28 jurisdictions)

Statutory provision on the child’s right to be heard, disaggregated by type of proceeding(CivAdm127) (28 jurisdictions)

Statutory provision on the appointment by the court of a guardian ad litem or special legal representative to represent 

child where there are potential conflicts of interest between child and parents(CivAdm154) (28 jurisdictions)

Mechanisms to permit the court or the child involved in judicial proceedings to take actions if there is a conflict of inter-

ests with his/her parents(CivAdm182) (28 jurisdictions)

Statutory provision for court to impose protective measures during court proceedings(CivAdm125a) (26 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to free legal aid(CivAdm151) (26 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to privacy(CivAdm080a) (25 jurisdictions)

Table 5.12 identifies the safeguards that are uncommon (existing in five jurisdictions or less) for chil-
dren in the area of family law.

Table 5.12  Safeguards that are least prevalent for children in family proceedings

Statutory provision that the information should be provided at first contact with the judicial system or other competent 

authorities (e.g. police, immigration, educational, social or healthcare services) (CivAdm068b) (5 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures(CivAdm076b) (5 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (5 

jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (5 jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (5 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention as a measure of last resort 

(CivAdm171a) (5 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention for the shortest possible 

amount of time (CivAdm171b) (5 jurisdictions)

Independent system for monitoring the appropriate use of detention (CivAdm169) (4 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (3 jurisdictions)

78

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (2 jurisdictions)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (2 jurisdictions)

5.3.3  Migration law

Table 5.13 provides a list of safeguards for children in migration proceedings that are present in 25 
or more jurisdictions.

Table 5.13  Safeguards that are most prevalent in the area of migration law

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (28 jurisdictions)

Legal obligation to appoint a guardian or advisor to represent unaccompanied and separated children, free of charge 

(CivAdm156) (28 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to free legal aid (CivAdm151) (26 jurisdictions)

Statutory provision on the right of the child to appeal an administrative decision to restrict their liberty (CivAdm168) (25 

jurisdictions)

Table 5.14 identifies the safeguards that are uncommon (existing in 5 or less jurisdictions) for chil-
dren in the area of migration law.

Table 5.14  Safeguards that are least prevalent for children in migration proceedings

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can bring a case to 

court in their own right (CivAdm046) (5 jurisdictions)

Legal obligation to provide training to professionals having direct contact with children in communicating with them at 

all ages and stages of development (CivAdm097a) (5 jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (5 

jurisdictions)

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive environments 

(CivAdm109) (5 jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (5 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (5 jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (3 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 
healthcare services) to ensure that children receive information (CivAdm069) (2 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (2 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (2 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (2 

jurisdictions)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (2 jurisdictions)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (2 jurisdictions)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s commu-

nication skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (1 jurisdiction)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (1 jurisdiction)

79

5.3.4 

Asylum law

Table 5.15 provides a list of safeguards for children in asylum proceedings that are present in 25 or 
more jurisdictions

Table 5.15  Safeguards that are most prevalent in the area of asylum

Legal obligation to appoint a guardian or advisor to represent unaccompanied and separated children, free of charge 

(CivAdm156) (30 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (28 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to free legal aid (CivAdm151) (27 jurisdictions)

Statutory provision on the right of the child to appeal an administrative decision to restrict their liberty (CivAdm168) (25 

jurisdictions)

Table 5.16 identifies the safeguards that are uncommon (existing in five or less jurisdictions) for chil-
dren in the area of asylum law.

Table 5.16  Safeguards that are least prevalent for children in asylum proceedings

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can bring a case to court 

in their own right (CivAdm046) (5 jurisdictions)

Legal obligation to provide training to professionals having direct contact with children in communicating with them at all 
ages and stages of development (CivAdm097a) (5 jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (5 

jurisdictions)

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive environments (CivAdm109) 

(5 jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and attention 

space and child’s communication skills (CivAdm118) (5 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (5 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (3 jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (3 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (2 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (2 

jurisdictions)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (2 jurisdictions)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (2 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (1 jurisdiction)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s communi-

cation skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (1 jurisdiction)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (1 jurisdiction)

80

5.3.5  Health law

Table 5.17 provides a list of safeguards for children in health proceedings that are present in 25 or 
more jurisdictions.

Table 5.17  Safeguards that are most prevalent in the area of health law

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (29 jurisdictions)

Legal obligation to appoint a guardian or advisor to represent unaccompanied and separated children, free of charge 

(CivAdm156) (25 jurisdictions)

Table 5.18 identifies the safeguards that are uncommon (existing in five or less jurisdictions) for chil-
dren in the area of health.

Table 5.18  Safeguards that are least prevalent for children in health proceedings

Statutory conditions attached to representation of the child by a legal representative or guardian (e.g. signed written 

consent by the child) (CivAdm049) (5 jurisdictions)

Statutory provision that the information should be provided at first contact with the judicial system or other competent 

authorities (e.g. police, immigration, educational, social or healthcare services) (CivAdm068b) (5 jurisdictions)

Formalised operational cooperation procedures to facilitate interactions between criminal, civil and administrative judicial 

proceedings (CivAdm103) (5 jurisdictions)

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive environments 

(CivAdm109) (5 jurisdictions)

Legal obligation to provide training to professionals having direct contact with children in communicating with them at 

all ages and stages of development (CivAdm097a) (4 jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (4 

jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (4 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (4 jurisdictions)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (3 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (2 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (2 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (2 

jurisdictions)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (2 jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (2 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (1 jurisdiction)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s commu-

nication skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (1 jurisdiction)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (1 jurisdiction)

81

5.3.6 

Administrative sanctions

Table 5.19 provides a list of safeguards for children in proceedings on administrative sanctions that 
are present in 25 or more jurisdictions.

Table 5.19  Safeguards  that  are  most  prevalent  in  the  area  of  administrative 
sanctions

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (25 jurisdictions)

Procedures to ensure that the records of children are kept strictly confidential and closed to third parties (CivAdm086a) 

(25 jurisdictions)

Table 5.20 identifies the safeguards that are uncommon (existing in five or less jurisdictions) for chil-
dren in the area of administrative sanctions.

Table 5.20  Safeguards  that  are  least  prevalent  for  children  in  proceedings  on 
administrative sanctions

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can bring a case to 

court in their own right (CivAdm046) (5 jurisdictions)

Statutory provision that the information should be provided at first contact with the judicial system or other competent 

authorities (e.g. police, immigration, educational, social or healthcare services) (CivAdm068b) (5 jurisdictions)

Legal obligation to provide multidisciplinary training (as part of capacity building programme) to all professionals who 

work for and with children on the rights and needs of children of different age groups as well as on proceedings that are 

adapted to them (CivAdm094a) (5 jurisdictions)

Formalised operational cooperation procedures to facilitate interactions between criminal, civil and administrative judicial 

proceedings (CivAdm103) (5 jurisdictions)

Materials to provide support/guidance to children during the proceedings (CivAdm142) (5 jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (5 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention for the shortest possible amount 

of time (CivAdm171b) (4 jurisdictions)

Legal obligation to provide training to professionals having direct contact with children in communicating with them at 

all ages and stages of development (CivAdm097a) (4 jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (4 

jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (4 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (3 jurisdictions)

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive environments 

(CivAdm109) (3 jurisdictions)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s commu-

nication skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (3 jurisdictions)

Independent system for monitoring the appropriate use of detention (CivAdm169) (3 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention as a measure of last resort 

(CivAdm171a) (3 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (2 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (2 
jurisdictions)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (2 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (2 jurisdictions)

82

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (1 jurisdiction)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (1 jurisdiction)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (1 jurisdiction)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (0 jurisdictions)

5.3.7 

Education law

Table 5.21 provides a list of safeguards for children in education proceedings that are present in 25 
or more jurisdictions.

Table 5.21  Safeguards that are most prevalent in the area of education

Statutory  provision  on  the  right  of  children  involved  in  judicial  proceedings  to  the  protection  of 
personal  data,  especially  in  the  context  of  processing,  storing  and  transmitting  court  records 
(CivAdm085) (28 jurisdictions)

Table 5.22 identifies the safeguards that are uncommon (existing in five or less jurisdictions) for chil-
dren in the area of education.

Table 5.22  Safeguards that are least prevalent for children in education proceedings

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can bring a case to 

court in their own right (CivAdm046) (5 jurisdictions)

Statutory conditions attached to representation of the child by a legal representative or guardian (e.g. signed written 

consent by the child) (CivAdm049) (5 jurisdictions)

Statutory provision that the information should be provided at first contact with the judicial system or other competent 

authorities (e.g. police, immigration, educational, social or healthcare services) (CivAdm068b) (5 jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (5 

jurisdictions)

Materials to provide support/guidance to children during the proceedings (CivAdm142) (5 jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (5 jurisdictions)

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive environments 

(CivAdm109) (4 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (4 jurisdictions)

Legal obligation to provide training to professionals having direct contact with children in communicating with them at 

all ages and stages of development (CivAdm097a) (3 jurisdictions)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (3 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (2 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (2 

jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (2 jurisdictions)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (2 jurisdictions)

Statutory provision on the right of the child to appeal an administrative decision to restrict their liberty (CivAdm168) (2 

jurisdictions)

Independent system for monitoring the appropriate use of detention (CivAdm169) (2 jurisdictions)

83

Statutory provision on the use by judicial authorities of restriction of liberty or detention as a measure of last resort 

(CivAdm171a) (2 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention for the shortest possible amount 

of time (CivAdm171b) (1 jurisdiction)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (1 jurisdiction)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (1 jurisdiction)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s commu-

nication skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (1 jurisdiction)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (1 jurisdiction)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (0 jurisdictions)

5.3.8 

Employment law

Table 5.23 provides a list of safeguards for children in employment proceedings that are present in 
25 or more jurisdictions.

Table 5.23  Safeguards  that  are  most  prevalent  in  the  area  of  employment 

Statutory provision on the right of children involved in judicial proceedings to the protection of personal data, especially 

in the context of processing, storing and transmitting court records (CivAdm085) (27 jurisdictions)

Table 5.24 identifies the safeguards that are uncommon (existing in five or less jurisdictions) for chil-
dren in the area of employment law.

Table 5.24  Safeguards  that  are  least  prevalent  for  children 
proceedings

in  employment 

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can bring a case to 

court in their own right (CivAdm056) (5 jurisdictions)

Statutory conditions attached to representation of the child by a legal representative or guardian (e.g. signed written 

consent by the child) (CivAdm049) (5 jurisdictions)

Formalised operational cooperation procedures to facilitate interactions between criminal, civil and administrative judicial 

proceedings (CivAdm103) (5 jurisdictions) 

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive environments 

(CivAdm109) (5 jurisdictions)

Materials to provide support/guidance to children during the proceedings (CivAdm142) (5 jurisdictions)

Statutory provision on the right of the child to appeal an administrative decision to restrict their liberty (CivAdm168) (5 

jurisdictions)

Legal obligation to provide training to professionals having direct contact with children in communicating with them at 

all ages and stages of development (CivAdm097a) (4 jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (4 

jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (4 jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (4 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (3 

jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention for the shortest possible amount 

of time (CivAdm171b) (3 jurisdictions)

84

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (3 jurisdictions)

Statutory provision that the information should be provided at first contact with the judicial system or other competent 

authorities (e.g. police, immigration, educational, social or healthcare services) (CivAdm068b) (2 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (2 jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (2 jurisdictions)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (2 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention as a measure of last resort 

(CivAdm171a) (2 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (1 jurisdiction)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (1 jurisdiction)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s commu-

nication skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (1 jurisdiction)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (1 jurisdiction)

Independent system for monitoring the appropriate use of detention (CivAdm169) (0 jurisdictions)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (0 jurisdictions)

5.3.9  Offences committed below MACR

There are no safeguards for children in proceedings on offences committed below the age of criminal 
responsibility that are present in 25 or more jurisdictions. The most prevalent safeguard for children 
is these proceedings applies in 23 jurisdictions: statutory provision on the right of children involved in 
judicial proceedings to the protection of personal data, especially in the context of processing, storing 
and transmitting court records (CivAdm085).

Table 5.25 identifies the safeguards that are uncommon (existing in five or less jurisdictions) for chil-
dren in the area of offences committed below the MACR.

Table 5.25  Safeguards  that  are  least  prevalent  for  children  in  proceedings  on 
offences <MACR

Statutory conditions attached to representation of the child by a legal representative or guardian (e.g. signed written 

consent by the child) (CivAdm049) (5 jurisdictions)

Formalised operational cooperation procedures to facilitate interactions between criminal, civil and administrative judicial 

proceedings (CivAdm103) (5 jurisdictions)

Mechanism or body to monitor the implementation of the urgency principle in respect of judicial proceedings involving 

children (CivAdm108) (5 jurisdictions)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span and child’s commu-

nication skills (e.g. provision for the adoption of regular breaks in court sessions) (CivAdm117) (5 jurisdictions)

Guidance for court staff and judicial authorities to ensure that court sessions are adapted to the child’s pace and atten-

tion space and child’s communication skills (CivAdm118) (5 jurisdictions)

Guidance for judicial authorities on avoiding undue delay of judicial proceedings affecting children (CivAdm106) (4 

jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, whose opinions are 

brought forward (CivAdm153) (4 jurisdictions)

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can bring a case to 

court in their own right (CivAdm046) (3 jurisdictions)

Statutory provision that the information should be provided at first contact with the judicial system or other competent 

authorities (e.g. police, immigration, educational, social or healthcare services) (CivAdm068b) (3 jurisdictions)

85

Statutory provision on the right of children to information in a child-friendly format about rights and procedures 

(CivAdm076a) (3 jurisdictions)

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive environments 

(CivAdm109) (3 jurisdictions)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of understanding 

(CivAdm188b) (3 jurisdictions)

Guidance or codes of conduct for judicial or other competent authorities (e.g. police, immigration, educational, social or 

healthcare services) to ensure that children receive information (CivAdm069) (2 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any special needs of the 

child about rights and procedures (CivAdm076b) (2 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and administrative proceed-

ings (including lawyers, psychologists, physicians, immigration officials, social workers and mediators) (CivAdm101) (2 

jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is respected 

(CivAdm128) (2 jurisdictions)

Guidance or code of conduct for lawyers, guardians ad litem or legal representatives on how to communicate a deci-

sion or judgement to a child involved in judicial proceedings in a manner adapted to the child’s level of understanding 

(CivAdm189) (1 jurisdiction)

Guidelines to protect children from harmful images during judicial proceedings (CivAdm123) (0 jurisdictions)

Guidelines for judicial authorities on the types of cases involving children where decisions should be made directly or 

immediately enforceable (CivAdm193) (0 jurisdictions)

5.4  The prevalence of safeguards for children in each area of 

protection

This  sub-section  considers  the  prevalence  of  safeguards  in  the  14  areas  of  protection  that  are 
reviewed in this study. 

The prevalence of safeguards in each area of protection is calculated by identifying the number of 
jurisdictions that apply the safeguards reviewed under each area of protection for at least one role of 
the child and in at least one area of law. 

Since the number of safeguards reviewed under each area of protection varies, the average number 
of jurisdictions that apply the safeguards under each area of protection is calculated.

The areas of protection in which safeguards are most prevalent are:

■  Monitoring mechanisms: The one safeguard in this area applies in 26 jurisdictions.

■  Restrictions  on  liberty:  The  four  safeguards  in  this  area  apply  in  an  average  of  over  26 

jurisdictions

■  Protection of private and family life: The ten safeguards in this area apply in an average 
of over 21 jurisdictions, through the frequency ranges from 29 jurisdictions to 12 jurisdictions.

■  Legal representation: The eight safeguards in this area apply in an average of over 21 juris-

dictions. The frequency ranges from all 30 jurisdictions to just seven.

The areas of protection in which safeguards are least prevalent are: 

■  Access  to  information  and  advice: The six safeguards in this area apply in an average of 

over ten jurisdictions.

■  Multidisciplinary  approach:  The  four  safeguards  in  this  area  apply  in  an  average  of  11 

jurisdictions).

■  Enforcement of court judgements: The six safeguards in this area apply in an average of 

over 11 jurisdictions).

■  Alternatives  to  judicial  proceedings  (ADR):  The  six  safeguards  in  this  area  apply  in  an 

average of over 11 jurisdictions. 

86

The  14  areas  of  protection  are  listed  below,  according  to  the  prevalence  of  the  safeguards  within 
them, from most prevalent to least prevalent. The average number of jurisdictions which apply the 
safeguards to at least one role of the child and in at least one area of law is also indicated. 

Variations in the frequency of safeguards reviewed under individual areas of protection are particular 
significant in respect of six areas of protection: protection of privacy and family life; legal represen-
tation; right to be heard; protection from harm in the proceedings; enforcement of court judgments; 
and access to information and advice. 

The  wide  variations  in  the  frequency  of  safeguards  under  these  six  areas  of  protection  possibly 
reflect the different types of safeguards reviewed within them. In particular, the six areas of protec-
tion include both statutory provisions/legal obligations and guidelines/codes of conduct. 

In general, statutory provisions / legal obligations tend to be  more prevalent than  other  provisions, 
such  as  guidelines  /  codes  of  conduct.  The  least  prevalent  safeguards  in  over  half  of  the  areas  of 
protection include guidance for children and their parents involved in judicial proceedings, guidelines 
for lawyers representing children and guidelines for judicial authorities. 

Monitoring mechanisms (Average: 26 jurisdictions)

Monitoring mechanisms at national level to systematically review domestic legislation, policies and 
practice related to judicial proceedings to ensure their compatibility with international standards of 
child-friendly justice (CivAdm044) (26 jurisdictions)

Restrictions on liberty (Average: 25.5 jurisdictions)

Statutory  provision  on  the  right  of  the  child  to  appeal  an  administrative  decision  to  restrict  their 
liberty (CivAdm168) (29 jurisdictions)

Statutory  provision  on  the  use  by  judicial  authorities  of  restriction  of  liberty  or  detention  for  the 
shortest possible amount of time (CivAdm171b) (26 jurisdictions)

Statutory provision on the use by judicial authorities of restriction of liberty or detention as a measure 
of last resort (CivAdm171a) (24 jurisdictions)

Independent system for monitoring the appropriate use of detention (CivAdm169) (23 jurisdictions)

Protection of private and family life (Average: 21.5 jurisdictions)

Statutory  provision  on  the  right  of  children  involved  in  judicial  proceedings  to  the  protection  of 
personal  data,  especially  in  the  context  of  processing,  storing  and  transmitting  court  records 
(CivAdm085) (29 jurisdictions)

Statutory provision on the right of children involved in judicial proceedings to privacy (CivAdm080a) 
(27 jurisdictions)

Procedures  to  ensure  that  the  records  of  children  are  kept  strictly  confidential  and  closed  to  third 
parties (CivAdm086a) (26 jurisdictions)

Legal  obligation  to  conduct  court  hearings  with  children  behind  closed  doors  (only  those  directly 
involved should be present). (CivAdm083a) (24 jurisdictions)

Legislative measures to prevent violations of the privacy rights of children by the media at all stages 
of the proceedings (CivAdm089) (24 jurisdictions)

Self-regulatory  measures  applied  by  the  media  to  protect  the  child’s  right  to  privacy  (CivAdm090) 
(22 jurisdictions)

Guidance and support measures for children and their families by specialised services to avoid adverse 
consequences of the judicial proceedings on family relations (CivAdm088a) (18 jurisdictions)

Discretionary  powers  of  the  judge/court  to  make  an  order  regarding  disclosure  of  any  information 
related to the proceedings of children (CivAdm081) (17 jurisdictions)

87

Independent monitoring (non-media) of self-regulatory measures applied by the media (CivAdm092) 
(16 jurisdictions)

Guidance and support measures for children and their families by specialised services to avoid adverse 
consequences of the judicial proceedings on family relations are free-of-charge (CivAdm088b) (12 
jurisdictions)

Legal representation (Average: 21.14 jurisdictions)

Legal  obligation  to  appoint  a  guardian  or  advisor  to  represent  unaccompanied  and  separated  chil-
dren, free of charge (CivAdm156) (30 jurisdictions)

Statutory  provision  on  the  right  of  children  involved  in  judicial  proceedings  to  free  legal  aid 
(CivAdm151) (29 jurisdictions)

Statutory  provision  on  the  appointment  by  the  court  of  a  guardian  ad  litem  or  special  legal  repre-
sentative to represent child where there are potential conflicts of interest between child and parents 
(CivAdm154) (28 jurisdictions) 

Statutory provision on the right of children to legal counsel and representation, in their own name, in 
proceedings where there are potential conflicts of interest between child and parents (CivAdm148a) 
(24 jurisdictions)

Statutory  provision  on  the  right  of  children  involved  in  judicial  proceedings  to  choose  his/her  own 
legal counsel (CivAdm152) (17 jurisdictions)

Mechanism to monitor the appointment and quality of service provided by guardians ad litem to chil-
dren involved in judicial proceeding (CivAdm155) (13 jurisdictions)

Guidance for lawyers who represent children to ensure they treat the child as a fully-fledged client, 
whose opinions are brought forward (CivAdm153) (7 jurisdictions)

Legal remedies (Average: 21 jurisdictions)

Mechanisms to permit the court or the child involved in judicial proceedings to take actions if there is 
a conflict of interests with his/her parent (CivAdm182) (28 jurisdictions)

Statutory provision allowing a child care authority to appeal against certain court decisions involving 
children (CivAdm177) (26 jurisdictions)

Statutory basis for a child involved in judicial proceedings to appeal against a court’s decision in his/
her own right (CivAdm173) (23 jurisdictions)

Support  to  enable  child  involved  in  judicial  proceedings  to  access  remedies  or  compensation  for 
violation of rights/failure to act (CivAdm180) (15 jurisdictions)

Legal obligation to secure the right of a child involved in judicial proceedings to claim compensation 
for damages caused by violation of rights (CivAdm179) (13 jurisdictions)

Access to justice (Average: 20.17 jurisdictions)

Statutory provision on the right of the court to adopt precautionary and interim measures regarding 
children (CivAdm058) (30 jurisdictions)

Statutory provision allowing entities to file applications/initiate legal proceedings in child protection 
cases (CivAdm057) (27 jurisdictions)

Statutory  provision  on  the  right  of  social  services  to  initiate  precautionary  and  interim  measures 
regarding children (CivAdm061) (24 jurisdictions)

Statutory  minimum  age  a  child  can  bring  a  case  to  court  in  their  own  right  (CivAdm045)  (23 
jurisdictions)

Discretionary powers of the judge or court to grant a dispensation as to the minimum age a child can 
bring a case to court in their own right. (CivAdm046) (9 jurisdictions)

88

Statutory  conditions  attached  to  representation  of  the  child  by  a  legal  representative  or  guardian 
(e.g. signed written consent by the child (CivAdm049) (8 jurisdictions)

Right to be heard (Average: 18 jurisdictions)

Statutory provision on the child’s right to be heard, disaggregated by type of proceeding (CivAdm127) 
(26 jurisdictions)

Statutory  provision  on  the  right  of  children  to  interpretation  and  translation  services  in  order  to 
support the right to be heard (CivAdm133) (24 jurisdictions)

Guidance or code of conduct for judicial authorities to ensure that the right to be heard of the child is 
respected (CivAdm128) (4 jurisdictions)

Training requirements (Average: 15 jurisdictions)

Continuous  training  programmes  for  professionals  who  work  for  and  with  children  involved  in  civil 
and administrative proceedings (CivAdm098) (18 jurisdictions)

Initial  training  programmes  for  professionals  who  work  for  and  with  children  involved  in  civil  and 
administrative proceedings (CivAdm095) (17 jurisdictions)

Training  on  communicating  with  children  is  available  but  not  mandatory  (CivAdm097c)  (17 
jurisdictions)

Legal obligation to provide multidisciplinary training (as part of capacity building programme) to all 
professionals  who  work  for  and  with  children  on  the  rights  and  needs  of  children  of  different  age 
groups as well as on proceedings that are adapted to them (CivAdm094a) (13 jurisdictions)

Legal obligation to provide training to professionals having direct contact with children in communi-
cating with them at all ages and stages of development (CivAdm097a) (10 jurisdictions)

Protection from harm in proceedings (Average: 14.58 jurisdictions)

Statutory provision for court to impose protective measures during court proceedings (CivAdm125a) 
(29 jurisdictions)

Legal obligation for judicial authorities to avoid undue delay in their handling of cases involving chil-
dren (urgency principle) (CivAdm105) (25 jurisdictions)

Statutory provision on the right of a child to receive assistance when attending proceedings, including 
from an interpreter, social worker, lawyer or friend (CivAdm141) (24 jurisdictions)

Statutory  provision  on  the  mandatory  presence  of  a  legal  representative,  guardian,  guardian  ad 
litem,  adult  relative,  or  a  lawyer  when  a  child  is  being  interviewed  in  a  civil/administrative  judicial 
proceeding (CivAdm144) (22 jurisdictions)

Statutory provision to ensure that evidence provided through audio-visual recordings are admissible 
(CivAdm112) (19 jurisdictions)

Legal obligation to conduct court hearings with children in non-intimidating and child sensitive envi-
ronments (CivAdm109) (13 jurisdictions)

Materials  to  provide  support/guidance  to  children  during  the  proceedings  (CivAdm142)  (10 
jurisdictions)

Guidance  for  judicial  authorities  on  avoiding  undue  delay  of  judicial  proceedings  affecting  children 
(CivAdm106) (8 jurisdictions)

Statutory provision to ensure that court sessions are adapted to the child’s pace and attention span 
and  child’s  communication  skills  (e.g.  provision  for  the  adoption  of  regular  breaks  in  court  sessions 
(CivAdm117) (8 jurisdictions)

Mechanism  or  body  to  monitor  the  implementation  of  the  urgency  principle  in  respect  of  judicial 
proceedings involving children (CivAdm108) (6 jurisdictions)

89

Guidelines  to  protect  children  from  harmful  images  during  judicial  proceedings  (CivAdm123)  (6 
jurisdictions)

Guidance  for  court  staff  and  judicial  authorities  to  ensure  that  court  sessions  are  adapted  to  the 
child’s pace and attention space and child’s communication skills (CivAdm118) (5 jurisdictions)

Legal costs (Average: 13 jurisdictions)

Statutory provision allowing the court fees to be waived in the case of a child defendant or plaintiff 
(CivAdm185) (15 jurisdictions)

Discretionary powers of the court or judge to waive the court fees in the case of a child defendant or 
plaintiff (CivAdm186) (11 jurisdictions)

Alternatives to proceedings (ADR) (Average: 11.67 jurisdictions)

Statutory provision on the right of a child to have recourse to Alternative Dispute Resolution (ADR) 
(CivAdm157) (23 jurisdictions)

Mechanism for the competent authorities to inform children about the possibility of having recourse 
to ADR (CivAdm161) (13 jurisdictions)

Statutory  provision  on  the  right  of  children  to  be  heard  while  accessing  and  during  the  ADR 
(CivAdm160) (11 jurisdictions)

Minimum age at which a child can initiate ADR in their own right (CivAdm163) (8 jurisdictions)

Statutory provision on the right to legal redress when children feel their rights have been violated in 
the ADR procedure (CivAdm164) (8 jurisdictions)

Right of children to obtain legal advice and other assistance in determining the appropriateness and 
desirability of using alternatives to judicial proceedings (CivAdm166) (7 jurisdictions)

Enforcement of court judgements (Average: 11.33 jurisdictions)

Statutory  provision  for  court  to  impose  protective  measures  during  enforcement  proceedings  (e.g. 
temporary  child  custody,  temporary  award  of  alimony,  restraining  orders,  non-contact  orders  etc.) 
(CivAdm190a) (23 jurisdictions)

Statutory provision for judicial authorities to make decisions which concern children directly or imme-
diately enforceable (CivAdm192) (16 jurisdictions)

Statutory  provision  on  the  use  of  force  to  implement  a  judgement  as  a  measure  of  last  resort  in 
family cases when children are involved (CivAdm195) (13 jurisdictions)

Legal obligation to communicate a decision or judgement in a manner adapted to the child’s level of 
understanding (CivAdm188b) (10 jurisdictions)

Guidance  or  code  of  conduct  for  lawyers,  guardians  ad  litem  or  legal  representatives  on  how  to 
communicate a decision or judgement to a child involved in judicial proceedings in a manner adapted 
to the child’s level of understanding (CivAdm189) (4 jurisdictions)

Guidelines for judicial authorities on the types of cases involving children where decisions should be 
made directly or immediately enforceable (CivAdm193) (2 jurisdictions)

Multidisciplinary approach (Average: 11 jurisdictions)

Legal  obligation  on  the  part  of  the  court  to  obtain  a  comprehensive  understanding  of  children 
involved in judicial proceedings and assess his or her legal, psychological, social, emotional, physical 
and cognitive situation using a multidisciplinary approach (CivAdm099) (16 jurisdictions)

Formalised  operational  cooperation  procedures  for  professionals  working  with  or  for  children  in 
different  government  departments  and  agencies  and  throughout  all  stages  of  the  proceedings 
(CivAdm100) (14 jurisdictions)

90

Formalised  operational  cooperation  procedures  to  facilitate  interactions  between  criminal,  civil  and 
administrative judicial proceedings (CivAdm103) (8 jurisdictions)

Common assessment framework for all professionals working with or for children in civil and adminis-
trative proceedings (including lawyers, psychologists, physicians, immigration officials, social workers 
and mediators) (CivAdm101) (6 jurisdictions)

Access to info and advice (Average: 10.3 jurisdictions)

Statutory  provision  on  the  right  of  children  to  receive  information  on  systems  and  procedures 
involved, consequences of the procedure, time and place of court procedures, progress and outcome 
of  the  procedure,  review  of  decisions  affecting  the  child,  rights  of  remedy,  availability  of  support 
services etc. (CivAdm068a) (24 jurisdictions)

Statutory  provision  on  the  right  of  children  to  receive  information  on  the  consequences  of  partici-
pating in judicial proceedings (CivAdm071) (12 jurisdictions)

Statutory provision that the information should be provided at first contact with the judicial system 
or  other  competent  authorities  (e.g.  police,  immigration,  educational,  social  or  healthcare  services) 
(CivAdm068b) (10 jurisdictions)

Statutory provision on the right of children to information in a child-friendly format about rights and 
procedures (CivAdm076a) (6 jurisdictions)

Statutory provision on the right of children to information in a manner that takes into account any 
special needs of the child about rights and procedures (CivAdm076b) (6 jurisdictions)

Guidance  or  codes  of  conduct  for  judicial  or  other  competent  authorities  (e.g.  police,  immigration, 
educational,  social  or  healthcare  services)  to  ensure  that  children  receive  information  (CivAdm069) 
(4 jurisdictions)

5.5  The frequency of safeguards for children in each 

jurisdiction

In this sub-section, two methods have been used to compare the prevalence of safeguards between 
jurisdictions: 

1. 

2. 

In  the  first  method  jurisdictions  have  been  ranked  according  to  the  frequency  of  the  safe-
guards across all areas of law and roles of the child. The total possible is 2772 (four roles of the 
child x nine areas of law x total number of safeguards reviewed in the summary report i.e. 77). 
No weighting has been applied. A potential weakness in this approach is that it assumes that all 
areas of law and all roles of the child are equally important to the welfare of children in judicial 
proceedings. 

In the second method jurisdictions have been ranked according to the frequency of the safe-
guards in the areas of family law and placement into care and for all roles of the child, with a 
possible total of 616. As described in Section 2, children are most frequently involved in civil or 
administrative judicial proceedings in the areas of family law and placement in care. It is there-
fore  reasonable  to  consider  these  two  areas  in  isolation  because  the  safeguards  applying  in 
these areas are likely to be applied more often. 

Making comparisons between jurisdictions according to the frequency of safeguards that they apply 
to children involved in civil and administrative judicial proceedings is of course problematic because 
of the differences in judicial systems, the uncertainty over whether safeguards that exist are applied 
and  whether  children  can  receive  equivalent  or  better  protection  in  the  absence  of  the  safeguards 
observed - through, for example, the discretion of judges or measures taken to avoid cases reaching 
judicial proceedings. 

Table 5.26 indicates the ten jurisdictions with the highest frequency of safeguards applying the two 
methods. The number in brackets indicates the total number of safeguards applied x the number of 
roles x the number of areas of law.

91

Table 5.26  Ten jurisdictions with the highest numbers of safeguards 

Method 1 – safeguards covering all areas 
of law
1. EE (1386)

Method 2 – safeguards covering family and 
placement into care 
1. UK-NI (344)

2. HR (1182)

3. UK-NI (1104)

4. BE (1060)

5. UK-E&W (1047)

6. BG (968)

7. CY (894)

8. SI (884)

9. IT (800)

10. EL (799)

2. UK-E&W (338)

3. EE (329)

4. FR (302)

5. HR (289)

6. FI (263)

7. SI (263)

8. CY (262)

9. BE (260)

10. PT (234)

Table 5.27 indicates the five jurisdictions with the lowest numbers of safeguards applying the two 
methods. The number in brackets indicates the total number of safeguards applied x the number of 
roles x the number of areas of law.

Table 5.27  Five jurisdictions with the lowest numbers of safeguards

Method 1 – safeguards covering all areas 
of law
1. MT (537)

Method 2 – safeguards covering family and 
placement into care 
1. IE (147)

2. RO (503)

3. UK-S (480)

4. DE (462)

5. IE (418)

2. RO (146)

3. LV (140)

4. DE (130)

5. MT (127)

92

ANNEXES

93

Annex 1   List of abbreviations of EU Member 

States

Table A1.1  List of abbreviations of EU Member States

Name of country
Austria
Belgium
Bulgaria
Croatia 
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg 
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
United Kingdom – England and Wales
United Kingdom – Northern Ireland
United Kingdom – Scotland 

Abbreviation
AT
BE
BG
HR
CY
CZ
DK
EE
FI
FR
DE
EL
HU
IE
IT
LV
LT
LU
MT
NL
PL
PT
RO
SK
SI
ES
SE
UK-E&W
UK-NI
UK-S

94

Annex 2   Data on the scale of the affected 

population

Table A2.1  Number of national datasets in each Member State

Member State

Number of datasets

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI
FR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK E& W

UK NI

UK S

HR

International

Total

22

38

41

3

38

22

21

13

4

19

10

13

22

24

24

12

6

35

6

8

18

16

12

17

20

31

20

20
11

9

31

586

95

Table A2.2  The child population in the EU (2010) (CivAdm001)

Member State/

jurisdiction

Total 

population 

CRIM001

Children 

CRIM001

Children who 

Children who 

are Third 

Country 

Nationals. 

Number of 

are EU nationals 

Children aged above 

from other 

Minimum Age of 

Member States 

Criminal Responsibility 

Number of 

(MACR)

MS in total in 

MS in total in 

CRIM002

brackets.

brackets.

EU 28

505,820,000

95,908,000

(24) 3,420,000 

 (25) 1,360,000

25,252,000

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

8,375,000

1,542,000

113,000

10,840,000

2,214,000

63,000

7,564,000

1,259,000

3,000

819,000

178,000

3,000

10,507,000

1,847,000

36,000

81,802,000

13,482,000

786,000

5,535,000

1,216,000

45,000

1,340,000

247,000

12,000

11,305,000

1,960,000

185,000

48,000

102,000

1,000

19,000

8,000

254,000

14,000

1,000

8,000

390,000

259,000 (*)

299,000

49,000

353,000

3,239,000

214,000

57,000

336,000

45,989,000

8,185,000

684,000

341,000

1,735,000

5,351,000

1,088,000

19,000

64,659,000

14,369,000

522,000

4,426,000

824,000

10,014,000

1,827,000

10,000

4,468,000

1,121,000

15,000

60,340,000

10,228,000

698,000

3,329,000

636,000

8,000

502,000

107,000

2,248,000

387,000

20,000

414,000

81,000

2,000

16,575,000

3,514,000

56,000

38,167,000

7,231,000

3,000

10,638,000

1,948,000

58,000

21,462,000

3,967,000

9,416,000

1,919,000

69,000

2,047,000

348,000

7,000

5,425,000

1,043,000

3,000

7,000

161,000

10,000

40,000

217,000

200

42,000

1,000

1,000

34,000

1,000

11,000

36,000

300

2,000

200,000

3,942,000 (*)

201,000

461,000

459,000

2,309,000

176,000

12,000 (*)

99,000

21,000

1,184,000

1,448,000

224,000

937,000

354,000

80,000

273,000

5,166,000

195,000

580,000

UK E&W

UK NI

UK S

55,241,000

11,671,000

1,799,000

432,000

5,222,000

1,038,000

Source: Population on 1 January by age, Eurostat; Population by age group and citizenship, Eurostat; National research to 
obtain the MACR (HIDS1 and CRIM012).
The following Member States Judiciaries did not have available data: Croatia, Luxembourg, Romania, England and Wales, 
Scotland and Northern Ireland. 
Note: Blank = Not available; (*) According to the national contextual overviews (Section 2.3.1 in EU CRIM summary report) 
and  the  EU  CRIM  summary  report  (Section  3.1),  children  belonging  to  specific  age  groups  in  Belgium,  France  and  Luxem-
bourg  could  be  potentially  criminally  liable,  even  if  they  are  below  18.  The  age  groups  in  those  countries  are  as  follows: 
16-17 year olds in Belgium; 13-17 year olds in France; and 16-17 year olds in Luxembourg. Data included in Table A.2.2 of 
the EU summary report refer to these age groups.

 
 
 
 
 
 
 
 
 
 
 
96

Table A2.3  Number of children affected by parental divorce proceedings (CivAdm002)

Member State

BE

CZ

DE

EE

EL

FR

HR

IT

LV

HU

AT

UK – E&W

Total

2008

Number

17,066

26,883

150,187

2,518

13,437

135,206

26,592

4,771

24,083

14,812

106,753

522,308

Per 100,000 child 
population29 

777.7

1,446.0

1,075.1

996.4

689.6

946.4

262.0

1,168.8

1,280.4

938.5

917.2

868.1

2010

Number

13,028

25,597

145,146

2,220

138,332

2,897

23,545

3,667

22,741

13,657

104,364

495,194

Source: National research presented in the online database. Note: Blank = Not available 

29

Per 100,000 child 

population

588.4

1,385.9

1,076.6

898.9

962.7

351.8

230.2

947.1

1,244.9

885.8

894.3

844.5

29  The rates per 100,000 children are calculated by dividing the number of cases in each country by the total 
child  population,  and  multiplying  this  by  100,000.  The  average  rate  has  been  calculated  by  summing  the 
number  of  cases,  summing  the  child  population  of  all  the  countries  where  data  has  been  presented,  and 
dividing the total number of cases by the total child population, and multiplying by 100,000.

97

Table A2.4  Number  of  cases  concerning 

international  abductions  of  children  

(CivAdm007)

Member State

2008

2010

Number

population

Number

population

Per 100,000 child 

Per 100,000 child 

BE

BG

CZ

DK

DE

EE

IE

ES

FR

IT

CY

LV

LT

LU

HU

MT

NL

AT

PL

RO

SI

SK

FI

SE

UK

145

33

28

35

401

12

208

226

197

21

8

21

6

97

3

132

37

138

36

6

159

12

62

369

Total

2,392

6.6

2.6

1.5

2.9

2.9

4.7

2.6

1.6

1.9

12.2

2.0

3.1

5.7

5.2

3.6

3.7

2.3

1.8

0.9

1.7

14.7

1.1

3.2

2.8

2.64

136

30

44

41

367

17

140

214

280

161

24

3

17

16

127

5

160

63

109

29

0

145

18

70

379

2,595

6.1

2.4

2.4

3.4

2.7

6.9

12.5

2.6

1.9

1.6

13.5

0.8

2.7

14.9

7.0

6.2

4.6

4.1

1.5

0.7

0.0

13.9

1.7

3.6

2.9

2.85

Source: National research presented in the online database. Note: Blank = Not available

 
98

Table A2.5  Number  of  children  subject  to  judicial  decisions  on  national  adoptions  

(CivAdm012)

Member State

2008

BE

BG

CZ

EE

IE

ES

HR

HU

NL

AT

PL

RO

SK

Total

Number

1,714

674

542

49

17

666

132

739

28

120

2,870

1,305

345

9,201

Per 100,000 child 

population

78.1

52.3

29.2

19.4

1.6

8.4

15.7

39.3

0.8

7.6

38.3

32.0

31.9

26.2

2010

Number

1,832

950

549

45

9

853

133

735

36

110

2,973

1,402

378

10,005

Per 100,000 child 

population

82.7

75.4

29.7

18.2

0.8

10.4

16.2

40.2

1.0

7.1

41.1

35.3

36.2

28.7

Source: National research presented in the online database.

Table A2.6  Number of children subject to judicial decisions  

on inter-country adoptions (CivAdm013)

Member State

2008

2010

Number

population

Number

population

Per 100,000 child 

Per 100,000 child 

BE

BG

CZ

EE

ES

FR

HR

IT

LV

LT

HU

NL

PL

SI

SK

SE

372

184

22

28

3,256

3,271

3,997

83

108

140

809

383

6

51

941

Total

13,651

17.0

14.3

1.2

11.1

40.9

22.9

39.4

20.3

16.0

7.4

22.8

5.1

1.7

4.7

48.7

24.7

347

246

28

28

2,891

3,508

128

4,130

202

115

163

269

312

18

43

945

13,373

15.7

19.5

1.5

11.3

35.3

24.4

15.5

40.4

52.2

18.1

8.9

7.7

4.3

5.2

4.1

49.2

23.8

Source: National research presented in the online database.
Note: Blank = Not available.

 
 
Table A2.7  Number of first instance decisions on applications for asylum (age 0-17) 

99

(CivAdm016)

Member State

2008

BE

BG

CZ

DK

DE

EE

IE

EL

ES

FR

IT

CY

LV

LT

LU

HU

MT

NL

AT

PL

PT

RO

SI

SK

FI

SE

UK

Total

Number

3,865

30

290

5,650

0

1,000

895

685

770

250

0

30

125

165

2,645

4,750

2,115

15

75

35

65

300

6,905

6,215

36,875

Per 100,000 child 

population

176.1

2.3

15.6

40.4

0.0

92.7

45.9

8.6

5.4

2.5

0.0

4.5

118.8

197.7

74.6

301.0

28.2

0.8

1.8

10.1

6.0

27.4

357.5

47.4

39.9

2010

Number

4,730

15

120

995

14,620

10

535

115

355

595

1,870

270

10

25

120

180

55

5,915

4,670

1,740

15

40

35

30

1,060

8,370

6,440

52,935

Per 100,000 child 

population

213.6

1.2

6.5

81.9

108.4

4.0

47.7

5.9

4.3

4.1

18.3

151.4

2.6

3.9

111.9

9.9

68.3

168.3

302.9

24.1

0.8

1.0

10.1

2.9

97.4

435.7

49.1

55.7

Source: National research presented in the online database.
Note: Blank = Not available.

 
100

Table A2.8  Number of unaccompanied children applying for asylum (age 0-17)  

(CivAdm019)

Member State

2008

2010

Number

population

Number

population

Per 100,000 child 

Per 100,000 child 

BE

BG

CZ

DK

DE

EE

IE

EL

ES

FR

IT

CY

LV

LT

LU

HU

MT

NL

AT

PL

PT

RO

SI

SK

FI

SE

UK

Total

470

15

35

300

765

0

100

295

15

410

575

70

5

0

0

175

20

725

695

375

5

55

20

70

705

1,510

4,285

11,710

21.4

1.2

1.9

24.7

5.5

0.0

9.3

15.1

0.2

2.9

5.7

40.8

1.2

0.0

0.0

9.3

24.0

20.4

44.0

5.0

0.3

1.3

5.8

6.5

64.3

78.2

32.7

12.2

860

20

5

410

1,950

0

35

145

15

610

305

35

5

10

20

150

5

700

600

230

5

35

25

5

330

2,395

1,715

10,840

38.8

1.6

0.3

33.7

14.5

0.0

3.1

7.4

0.2

4.2

3.0

19.6

1.3

1.6

18.6

8.2

6.2

19.9

38.9

3.2

0.3

0.9

7.2

0.5

30.3

124.7

13.1

11.2

Source: National research presented in the online database.

 
101

Table A2.9  Number of child maintenance cases (CivAdm040)

Member State

2008

2010

BG

CZ

DE

HR

HU

MT

AT

PL

SI

SK

Total

Number

2,710

97,072

114

14,280

121

34,367

85,479

3,552

25,444

263,139

Per 100,000 child 

Per 100,000 child 

population

Number

population

210.1

5,221.4

13.6

759.2

145.0

2,177.5

1,141.6

1,029.1

2,353.7

1,600.1

3,834

98,678

88,440

101

15,678

90

27,367

94,535

3,303

26,497

358,523

304.4

5,342.6

656.0

12.3

858.2

111.7

1,775.1

1,307.3

949.0

2,539.9

1,216.0

Source: National research presented in the online database.
Note: Blank = Not available.

Table A2.10  Number  of  children  who  have  received  sanctions  for  criminal  type  or  

anti-social behaviour (e.g. ASBOS) (CivAdm036)

Member State

2008

2010

Number

population

Number

population

Per 100,000 child 

Per 100,000 child 

BG

HR

LV

LT

PL

SI

SK

Total

1,180

958

1,102

1,231

20,089

530

1,372

26,462

91.5

114.1

270.0

182.7

268.3

153.5

126.9

218.2

1,246

925

1,962

1,104

16,118

1,412

1,394

24,161

98.9

112.3

506.7

173.6

222.9

405.7

133.6

206.0

Source: National research presented in the online database.

Table A2.11  Number  of  children  who  have  received  sanctions  imposed  by  the  court  

for road traffic offences (CivAdm037)

Member State

2008

2010

Number

population

Number

population

Per 100,000 child 

Per 100,000 child 

BE

DE

HR

LT

RO

SI

Total

271

6,319

30

4

3,624

1,189

11,437

12.3

45.2

3.6

0.6

88.8

344.5

51.7

178

4,745

20

3

3,079

2,048

10,073

8.0

35.2

2.4

0.5

77.6

588.4

46.9

Source: National research presented in the online database.

 
 
102

Table A2.12  Court cases concerning institutional care placement (CivAdm009)

Member State

2008

2010

Number

population

Number

population

Per 100,000 child 

Per 100,000 child 

BG

CZ

MT

PL

PT

SK

Total

2,399

2,619

35

2,716

5,558

1,432

14,759

186.0

140.9

41.9

36.3

281.4

132.5

107.1

2,467

2,292

36

2,833

5,410

1,291

14,329

195.9

124.1

44.7

39.2

277.8

123.7

106.9

Source: National research presented in the online database.

Table A2.13  Court  cases  concerning  children  placed  with  a  foster  family  during  

a 12 month period (CivAdm011)

Member State

2008

Number

population

Per 100,000 child 

BE

BG

CZ

FR

LV

PL

PT

SK

Total

2,417

126

373

9,254

218

5,301

294

15,587

110.1

9.8

20.1

64.8

53.4

70.8

27.2

62.9

Source: National research presented in the online database.
Note: Blank = Not available.

2010

Number

2,755

268

461

8,896

329

4,839

443

344

15,596

Per 100,000 child 

population

124..4

21.3

25.0

61.9

85.0

66.9

22.7

33.0

63.1

 
103

A2.2 

Approximate data3031

Table A2.14  Member States which provide approximate data for the key indicators

Children 

Cases concerning 

Children subject 

affected by 

international 

to judicial deci-

Children subject 

First instance 

to judicial 

decisions on 

decisions on 

applications 

parental 

divorce 

(CivAdm002)

abductions 

sions on national 

inter-country 

for asylum 

Child mainte-

of children 
(CivAdm007)30

adoptions 

(CivAdm012)

adoptions 

(CivAdm013)

(age 0-17) 
(CivAdm016)31 

nance cases 

(CivAdm040)

BG

IE

EL

ES

CY

NL

PL

RO

SI

SK

SE

UK-S

DK

EL

LU

AT

RO

FI

DK

EL

FR

IT

LV

LT

LU

PT

SI

SE

UK-E&W

UK-S

BE

IE

ES

IT

LV

NL

UK-E&W

UK-NI

UK-S

Table A2.15 Member States which provide approximate data for the key indicators

Children who have 

Children who have 

received sanctions 

received sanctions 

for criminal type or 

imposed by the court 

Court cases concerning 

anti-social behaviour 

for road traffic offences 

institutional care place-

(CivAdm036)

(CivAdm037)

ment (CivAdm009)

Court cases concerning 

children placed with 

a foster family during 

a 12 month period 

(CivAdm011)

SE

DK

SE

UK-E&W

UK-S

DK

EE

IE

ES

HR

LT

LU

HU

RO

SI

FI

UK-E&W

UK-S

BE

DK

DE

EE

IE

ES

HR

LV

LT

LU

HU

NL

AT

RO

SI

FI

SE

UK-E&W

UK-S

30  The data for these indicators is available on the online database.
31  Ibid.

 
104

A2.3 
administrative judicial proceedings (per 100,000 children per annum) in 2010

Total number of children involved in selected criminal, civil and 

Table A2.16  Total number of children involved in selected criminal, civil and administra- 

tive judicial proceedings (per 100,000 children per annum) in 2010(*)

Area of law

Type of proceedings

involvement

involvement

involvement

Highest 

Lowest 

Median 

Number of children in contact with the police 

per 100,000 child population (above the 

MACR)

17,504

1,057

2,005

Number of children charged with an offence 

per 100,000 children (above MACR)

3,532

Number of convictions per 100,000 children 

(above MACR)

7,793

Number of community service or probation 

orders per 100,000 children (above MACR)

1,075

Number of suspended sentences: per 

100,000 children (above MACR)

988

Number of repeat child offenders per 

100,000 children (above MACR and below 

Criminal law 

offences 

(thought to 

have been 

undertaken 

by children 

above MACR)

633

209

15

10

1,451

900

566

301

18)

714 (**)

65

204

Number of custodial sentences per 100,000 

children (above MACR)

Number of children in custodial institutions 

per 100,000 children (above MACR)

Number of fines per 100,000 children 

(above MACR)

375

335

327

6

4

2

Number of child maintenance cases

5,343

12

Number of children affected by parental 

divorce proceedings

1,386

230

Family law

Number of children subject to judicial deci-

sions on national adoptions

Number of children subject to judicial deci-

sions on inter-country adoptions

Number of cases concerning international 

abductions of children

Number of first instance decisions on appli-

cations for asylum (age 0-17)

Number of unaccompanied children applying 
for asylum (age 0-17)

Court cases concerning institutional care 

placement

83

52

15

436

125

278

Court cases concerning children placed with 

a foster family during a 12 month period

85

Number of children who have received 

sanctions for criminal type or anti-social 

behaviour (e.g. ASBOS)

Number of children who have received sanc-

tions imposed by the court for road traffic 

offences

507

588

Asylum law

Placement 

into care

Administra-
tive sanctions

1

2

1

1

0

39

1

99

1

59

51

26

904

899

30

16

3

18

6

124

29

174

22

N=18 

MS

N=8 

MS

N=21 

MS

N=19 

MS

N=11 

MS

N=11 

MS

N=17 

MS

N=21 

MS

N=10 

MS

N=10 

MS

N=11 

MS

N=13 

MS

N=16 

MS

N=25 

MS

N=27 

MS

N=27 
MS

N=6 

MS

N=8 

MS

N=7 

MS

N=6 

MS

Total

40,825.6

23,86.8

8,207.9

Source: National research presented in the online database.
* Unit of analysis: CRIM proceedings - number of children per 100,000 child population per annum; CIVADM proceedings - 
number of cases per 100,000 child population per annum
** Data refer to 2009

 
105

Annex 3  Tables accompanying Section 3

Type of courts and applicable procedural rules when dealing with children

Whether  judicial  matters  in  different  areas  of  law  are  dealt  with  in  civil  or  administrative  judicial 
proceedings (or indeed criminal judicial proceedings) varies between MS. So too do the type of proce-
dural  rules  that  apply.  The  summary  below  (which  accompanies  Table  A3.1  below)  over-simplifies 
the distinctions between MS in some cases. For a more complete picture, the reader should consult 
the national contextual overviews for the civil and administrative justice phases of the study.

Family law

In family law, ordinary civil courts are used in 17 MS, (AT, BG (except in Sofia), CZ, DK, EE, ES, FI HR, 
HU, IE, LU LT, LV, RO, SE, SI, and SK). In some MS (e.g. BE, IT), more than one court may be competent 
to deal with different aspects of family cases (e.g. the civil court will decide on the divorce proceed-
ings and the juvenile court on any issues related to parental authority). In four MS (EL, FR, MT, and 
PL)  family  law  matters  are  dealt  with  by  a  specialist  division  of  the  civil  court  and  in  four  MS  (CY, 
DE, NL and PT) these matters are dealt with in a specialist family or juvenile court. In BG, there is a 
specialist family court in Sofia only. 

In family law, civil procedure rules apply in all but two MS (DE and EL). In DK, family and non-litigious 
procedure rules apply, and in EL, specialist civil procedure rules apply. 

Employment law

In employment law, ordinary civil courts are used in 16 MS (AT, BG, CY, CZ, DK, EE, EL, FI, HR, IT, LT, LV, 
MT, NL, RO, and SK). Specialist labour/employment courts/tribunals are used in 9 MS (BE, DE, ES, FR, 
IE, LU, PT, SE, and SI). In PL the Labour and Social Security Division of the Ordinary Court is used, and 
in HU the Administrative Court and specialist labour court is used. 

In  employment  law,  civil  procedure  rules  apply  in  all  but  three  MS  (EL,  ES,  and  PT).  In  EL  and  PT 
specialist civil procedure rules apply, and in ES, Labour law procedure rules apply. 

Asylum law

In asylum law, administrative courts are competent to review the decisions of administrative authori-
ties in all but 13MS.13In DE, besides the Administrative Court, also the Social Court is used. In HU, 
Administrative  and  Labour  courts  are  competent  to  review  administrative  authorities’  decisions.  In 
four MS (AT, IE, MT, and SE) specialist asylum/ migration courts are used. In BE, the Council of State 
through cassation procedure is in charge. In CY it is the Supreme Court. District courts are competent 
in case of judicial objection against administrative decisions. In IE, the Refugee Appeals Tribunal is 
competent to review decisions of the Office of the Refugee Applications Commissioner. In three MS 
(DK, IT, and NL) ordinary civil or juvenile courts are used. In CZ, RO and SK administrative divisions of 
the ordinary courts are used. 

In  asylum  law,  administrative  procedures  apply  in  all  but  four  MS  (DK,  IE,  IT,  and  MT)  where  civil 
procedure rules apply. 

Migration law

In  migration  law,  administrative  courts  are  competent  to  review  the  decisions  of  administrative 
authorities in all but 101010 MS. In HU, Administrative and Labour courts are competent to review 
administrative authorities’ decisions. In NL, District Court or the Administrative Jurisdiction Division of 
the Council of State are used. In BE, the Council of State through cassation procedure is in charge. In 
CY it is the Supreme Court. In DK, IE, and IT ordinary civil or juvenile courts are used. In MT and SE, 
specialist courts are used, and in RO and SK, the administrative divisions of ordinary courts are used. 

In migration law, as in asylum, administrative procedure applies in all but four MS (DK, IE, IT, and MT) 
where civil procedure rules apply.

106

Education law

In  education  law,  administrative  courts  are  competent  to  review  the  decisions  of  administrative 
authorities in all but seven MS. Five MS (BE, DK, IE, MT, and NL) use civil courts, and three MS (CZ, 
RO, and SK) use the administrative division of the ordinary or regional courts. 

In education law, administrative procedures apply in all but four MS (DK, IE, MT, and NL) where civil 
procedure rules apply. 

Health law

In health law, administrative courts are competent to review the decisions of administrative authori-
ties in nine MS. These are: AT, BG, CY, DE (but in DE, the social court may also be used), EL, FL, LV, 
PL (but in PL, the family and guardianship court may also be used), and PT. In EE and FR administra-
tive and criminal courts may be used. In five MS (ES, HR CZ, LT, and SE) both administrative and civil 
courts may be used. In RO and SK, the administrative sections in ordinary or regional courts are used. 
Civil courts are used in seven MS (BE DK, HU, IE, IT, MT, and NL). In LU the Juvenile and guardianship 
court is used, and in SI the Social and labour courts are used. 

In health law, administrative procedures are used in eight MS. These are: AT, BG, CY DE (but social 
judicial proceeding may also be used) EL, FL, LV, and PT. Civil procedure rules are used in eight MS 
(BE DK HU, IE, IT, LU, MT, and SI). Both administrative and civil procedure rules are used in eight MS 
(CZ ES HR, LT, PL, RO, SE, and SK). Both administrative and criminal procedure rules are used in EE 
and FR. 

Placement into care

In placement into care proceedings, civil courts are used by eight MS (BG, CZ, DK, EL, IE, MT, RO, SK). 
Administrative courts are used in two MS (FI and LV). In FR the administrative court is used as well as 
the Juvenile and Family Court and in HU the administrative of labour court is used. Civil and admin-
istrative courts are used in five MS (EE, HR, LT, SE, and SI). Specialist family, juvenile or guardianship 
courts or tribunals are used by 11 MS (AT, BE, CY, DE, and ES, FR, PL, PT, IT, LU, and NL), although 
DE also uses administrative courts, ES also uses the civil court, and FR uses the juvenile and family 
court division of high court. 

In placement into care proceedings, civil procedure rules are applied by 16 MS (AT, BE, BG, CY, CZ, DK, 
EL, ES, IE, IT, LU, MT, NL, PL, RO, and SK). Administrative procedure rules are applied by three MS (FI, 
HU, LV). Administrative or civil procedure rules are applied by seven MS (DE, EE, FR, HR, LT, SE, and 
SI). PT applies special procedure rules. 

Administrative Sanctions

In the area of administrative sanctions, administrative courts are competent to review the decisions 
of administrative authorities in 12 MS (AT, BG, CY CZ, EE, EL, ES, FI, LT, NL, SE, and SI). Civil courts 
are used in three MS (DK, HU, and IT). In RO civil or administrative courts are used. Criminal courts 
are  used  in  four  MS  (DE,  LV,  MT,  and  PT).  Specialist  tribunals  are  used  in  five  MS.  These  are:  BE 
(Youth Tribunal), HR (Offence Court), IE (Children’s Court), LU (Juvenile and Guardianship Court), and 
PL (Family and Guardianship Court). In three MS (CZ, FR, and SK) administrative divisions of regional 
courts are used. 

In the area of administrative sanctions, administrative procedures apply in 12 MS (AT, CY, CZ, EE, EL, 
ES, FI, LT, NL, SE, SI, and SK). Civil procedure applies in six MS (BE, DK, IT, LU, MT, and PL). Criminal 
procedure applies in three MS (DE, IE, and LV) and quasi criminal proceedings apply in PT. Adminis-
trative and criminal procedures apply in 2 MS (BG and RO), and administrative and civil procedures 
apply in FR. Special procedures apply in two MS (HR, HU). 

Offences committed below the age of criminal responsibility

In  the  area  of  offences  committed  below  MACR,  civil  courts  are  used  in  seven  MS  (AT,  CZ,  DE,  DK, 
IE,  RO,  and  SK).  Administrative  courts  are  used  in  five  MS  (BG,  CY,  FI,  HR,  and  HU).  Criminal  courts 
are used in two MS (EL, LV). Administrative and criminal courts are used in EE. Specialist courts or 
tribunals are used in nine MS. These are: BE (Youth Tribunal); ES (Family Court/Civil Court); FR (Juve-
nile  and  Family  Court);  LU  (Juvenile  and  Guardianship  Court);  LT  (General  Competence  Court);  NL 

107

(Juvenile Court); PL (Family and Juvenile Divisions of courts); PT (Family and Children Court); and, SE 
(General Court). In MT these matters are not dealt with in court, but by social services. Similarly, in SI, 
decisions are taken by the Centre for Social Work and not reviewed in court. 

In the area of offences committed below MACR, civil procedure rules apply in 12 MS (AT, CY, CZ, DE, 
DK, ES, IE, LU, NL, PL, RO, and SK). Administrative procedure rules apply in three MS (FI, HR, and HU). 
Civil and criminal procedure rules apply in BE. Administrative and criminal procedure rules apply in BG 
and EE. Criminal procedure rules apply in five MS (EL, FR, IT, LT, and SE) and quasi criminal procedure 
rules apply in LV. In PT special judicial proceedings apply. In MT, as these matters are dealt with by 
social services, social services procedures apply. In SI, these matters are not reviewed in court so no 
judicial procedure rules apply. 

108

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j

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
116

Table A3.2  Minimum age at which a child plaintiff can bring a case to court in their  

own right (including MACR for reference)

l

a
n
m

i

i
r
C

f
o

e
g
A
m
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m
n
M

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i

1
)
R
C
A
M

(

y
t
i
l
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b

i
s
n
o
p
s
e
R

14

18

14

14

15

14

15

14

15

14

15

MS

AT

BE4 

BG5 

CY

CZ

DE

DK7 

EE8 

EL

ES12 

FI

FR20 

1821 

HR

HU

IE

IT27 

LT28 

LU29 

LV30 

MT

NL

PL

PT38 

RO

SE

SI51 

SK52 

14

14

12

14

16

18

14

14

12

17

16

14

15

14

14

UK-EW 10

UK-NI

UK-S

10

12

Minimum age at which a plaintiff can bring a case to court in their own right 

(CivAdm045) by area of law

t
n
e
m
y
o
l
p
m
E

m
u

l
y
s
A

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H

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c

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t
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m
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R
C
A
M
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c
n
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ff
O

y
l
i

m
a
F

142

18

14

18

18

14

18

15

12/169 

18

18

—22 

1824 

14

18

18

18

18

18

18

1831 

1637 

18

18

18

14

18

18

156

18

15

15

18

15

18

15

16

18

16

18

18

18

18

16

18

18

16

18

14

18

18

16

18

15

18

18

16

18

14

18

18

16

18

15

18

18

18

18

14

18

18

18

18

15

18

18

18

18

14

18

18

18

18

15

18

18

1514 

1515 

1516 

1217 

18

16

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

18

1425 

18

18

18

18

18

18

1832 

1833 

1834 

1835 

18

18

18

18

18

18

1440 

1441 

1442 

1443 

1444 

18

18

18

18

18

1659 

18

18

18

18

18

18

16

18

18

1853 

1856 

18

18

18

18

1854 

1857 

18

16

18

18

1855 

1858 

16

18

18

1445 

1549 

18

18

18

18

18

143 

18

14

18

18

14

18

15

1610 

18

1218 

—23 

15

18

18

18

18

18

18

18

12

18

1839 

1846 

1550 

18

18

18

18

18

18

14

18

18

18

18

15

18

18

1519 

18

18

—26 

18

18

18

18

18

18

1836 

18

18

18

18

14

18

18

18

18

15

12/1711 

1813 

12

—

16

18

18

18

18

18

18

18

12

18

18

1447 

1448 

18

18

18

18

18

—

18

18

18

18

1660 

— 61 

1662 

1 For detailed information on the MACR, please refer to Table 3.1 in the EU summary report on children involved 

in CRIM judicial proceedings.

2 In AT, children aged 14+ can bring a family case to court in their own right if it concerns their care and 

upbringing or personal contacts with the parents in court. Otherwise, the minimum age is 18.

3 In AT, children aged 14+ can bring a placement into care case to court in their own right if it concerns their 
care and upbringing or personal contacts with the parents in court. Otherwise, the minimum age is 18.

4 In BE, children cannot bring cases to court. The only exceptions are children aged 16+ who are emancipated 

and certain other exceptions allowed by case-law.

5 In BG, children aged 14+ have the right to start administrative proceedings as long as they have their 

parent’s/guardian’s consent. If the child is unaccompanied he/she can act with the consent of the appointed 
guardian or with the help of a social worker. Such parental/guardian consent is not needed in employment 
cases for children aged 16+.

 
 
 
 
 
 
 
 
 
 
 
 
 
117

6 Only if the legal representative authorized the child to take up the employment.
7 In DK, only married children can bring a claim in their own right (without the assistance of a legal representa-
tive, parent or guardian), in those regions of DK where the responsible authorities have permitted marriage 
before the age of 18.

8 In EE, children aged 15+ can bring a case to court under the nine listed areas of law if the judge considers 

they are mature enough.

9 In EL, the minimum age that a child can bring a cases to court is 12 in termination of adoption cases, 16 in 

non-contentious proceedings and 18 in all other cases, unless the child is recognized as having limited proce-
dural capacity (e.g. because he or she is married).

10 However, in EL, the child is normally the subject in placement in care proceedings; on the other hand, since 
these are considered non-contentious proceedings, children above the age of 16 can appear before court in 
their own right and file the relevant remedies.

11 In EL, a child that is 12 or above and has committed an offence below MACR has the right (in parallel with his 
or her legal representative) to file a complaint against an administrative decision; once he or she turn 17 this 
right is enjoyed exclusively by the child.

12 In ES, only emancipated children can bring a claim in their own right (without the assistance of a legal repre-
sentative). In general emancipation is reached at the age of 18, or at the age of 16 through judicial authori-
zation, parental authorization or marriage. In some regions, emancipation (derecho foral) can be obtained at 
the age of 14.

13 In ES, measures applied to children under MACR are voluntary (so cannot be appealed) or fall under the 

domain of placement into care.

14 In FI, according to the general provisions of administrative law children aged 15-17 years of age, inclusive, 

and the legal representative have independent but parallel rights to bring an asylum case to court. 

15 In FI, according to the general provisions of administrative law children aged 15-17 years of age, inclusive, 

and the legal representative have independent but parallel rights to bring a migration case to court. 
16 In FI, children aged 15+ have the right to appeal decisions to an administrative court in cases concerning 
religious education and ethics, provision of translation and assistance services, a reprimand, temporary 
expulsion, student care benefits, school transport, accommodation, and care in cases of accidents.

17 In FI, children aged 12+ have the right to appeal against a decision to order a minor to involuntary mental 

treatment or to continue treatment or to limit contact.

18 In FI, children aged 12+ has the right to bring a case court in parallel to the legal representative in matters 

concerning child welfare, such as taking a child into care.

19 In FI, in administrative sanctions proceedings, children aged 15-17, inclusive, have the right to appeal against 

a decision concerning administrative sanctions in parallel to the legal representative when the matter 
concerns his or her person or personal benefit or when the matter concerns property or income that he or she 
administers; otherwise, the right is exercised by the legal representative.

20 In FR, in all areas of law except family and placement into care, children cannot bring cases before the court 

in their own right unless they are aged 16+ and emancipated. 

21 In practice, in FR, children who are aged 13 and above may be found criminally responsible for certain crimes 

when they are considered to have sufficient discernment.

22 In FR, in family and placement in care cases, where the child is deemed to be in danger, the child of any age 

can take the case to a juvenile court in search of protection. 

23 In FR, in family and placement in care cases, where the child is deemed to be in danger, the child of any age 

can take the case to a juvenile court in search of protection. 

24 In HR, children cannot bring family cases to court unless they are married or have been ‘emancipated’.
25 In HU, a child that is 14 or above can bring a health-related case to court only if this involves personal rights.
26 In HU, no minimum age exists in law for children involved in cases involving administrative sanctions; in prac-

tice, children are not permitted to bring these cases before the court.

27 In IT, in all areas of law except employment, children cannot bring cases before the court in their own 
right unless they are aged 16+ and emancipated, but even then they need the help of a special legal 
representative. 

28 In LT, children can only appear before the court as defendants, not plaintiffs. The minimum age for children 

to appear as defendants is 14 in all areas of law, except employment law where it is 16 years (as a child can 
only start working at this age).

29 In LU children cannot bring a case before a court unless they are emancipated.
30 In LV, children cannot bring a case before a court. The exceptions are children aged 16+ whose parents 

testify that the child is mature enough to take full responsibility for his/her matters and when the child is 
married.

31 In NL, only those 16+ year olds that have been ‘emancipated’ can bring a family case to court on their own; 
otherwise, the minimum age is 18 except in certain cases such as when a child asks the court to grant 
authorisation to get married or to replace a family guardianship institution (Gezinsvoogdijinstelling) for one 
in another province.

32 In NL, children cannot bring asylum, migration and administrative sanctions cases to court on their own (i.e. 

do not have procedural capacity to act) unless a judge considers them to have a reasonable understanding of 
their own interests and understand the consequences of their actions.

33 In NL, children cannot bring asylum, migration and administrative sanctions cases to court (i.e. do not have 
procedural capacity to act) unless a judge considers them to have a reasonable understanding of their own 
interests and understand the consequences of their actions.

34 In NL, children cannot bring education cases to court unless they are 16+ years of age and ‘emancipated’.
35 In NL, children cannot bring education cases to court unless they are 16+ years of age and ‘emancipated’.
36 In NL, children cannot bring asylum, migration and administrative sanctions cases to court on their own (i.e. 

do not have procedural capacity to act) unless a judge considers them to have a reasonable understanding of 
their own interests and understand the consequences of their actions.

118

37 In PL, only girls aged 16+ can bring family cases to court in order to file an application to get married, or 

boys and girls aged 16+ in cases concerning claiming or denial of paternity or maternity or contesting previ-
ously determined paternity.

38 In PT, children do not have procedural capacity and therefore cannot bring a case to court in their own right; 
this must be done by their legal representative. The only exceptions are children aged 16+ who have been 
emancipated. 

39 In PT, children lack standing to bring a case on placement into care. The Public Prosecutor is the responsible 

actor for bringing such a case into Court.

40 In RO, children aged 14+ can bring cases to court, but only with the approval of the guardian. Approval of the 
guardian is not needed for children aged 16+ who are married, or who have received an explicit order in this 
regard by the tutelary court.

41 See FN1.
42 In RO, unaccompanied minors aged 14+ can initiate a request for asylum in their own right. However, the 

request is only examined after the appointment of a guardian.

43 In RO, children aged 14+ can bring a case concerning offences committed below MACR to court, but only with 

the approval of a guardian.

44 Same as FN1.
45 Same as FN1.
46 In RO, children younger than 18 can bring a placement into care case to court if they are married or have 

children.

47 See footnote 15.
48 In RO, children aged 14+ can bring a case concerning offences committed below MACR but only with the 

approval of a guardian.

49 In SE, children aged 15+ can bring health cases to court only if they concern compulsory psychiatric deten-

tion / treatment.

50 However, in compulsory care proceedings, children are usually defendants not plaintiffs.
51 In SI, children cannot bring cases to court unless they are emancipated.
52 In SK, children do not have full procedural capacity to act so cannot bring cases to court in their own right, 

but must act through a legal representatives. The exceptions are married children (i.e. aged 16+) who 
become emancipated, or children below this age who are deemed to be mature enough by a judge.

53 In UK-EW, guidance provides that children in asylum proceedings should be legally represented. If this is not 

the case, the case is adjourned until legal representation can be arranged.

54 In UK-EW, guidance provides that children in migration proceedings should be legally represented. If this is 

not the case, the case is adjourned until legal representation can be arranged.

55 As cases concerning Special Educational Needs (SEN) or school admissions or exclusions are mostly brought 

by the parents. 

56 In UK-NI, guidance provides that children in asylum proceedings should be legally represented. If this is not 

the case, the case is adjourned until legal representation can be arranged.

57 In UK-NI, guidance provides that children in migration proceedings should be legally represented. If this is not 

the case, the case is adjourned until legal representation can be arranged.

58 As cases concerning Special Educational Needs (SEN) or school admissions or exclusions are mostly brought 

by the parents. 

59 In UK-Scot, the age of legal capacity is 16, but there is a presumption that a child aged 12 has sufficient 

understanding to have legal capacity to instruct a lawyer and therefore also to raise an action in any civil 
matter.

60 In UK-Scot, the age of legal capacity is 16, but there is a presumption that a child aged 12 has sufficient 

understanding to have legal capacity to instruct a lawyer and therefore also to raise an action in any civil 
matter.

61 UK-Scot does not have a system of administrative sanctions.
62 In UK-Scot, the age of legal capacity is 16, but there is a presumption that a child aged 12 has sufficient 

understanding to have legal capacity to instruct a lawyer and therefore also to raise an action in any civil 
matter.

119

Table A3.3 

 Existence  of  monitoring  mechanisms  at  national  level  to  systemati-
cally review domestic legislation, policies and practice related to judicial 
proceedings to ensure their compatibility with international standards of 
child-friendly justice (CivAdm044) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

Total yes

22

20

24

24

24

24

24

22

21

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√

√

√

√

√ 

√

√

√

√

√

√

√

√7 

√10 

√

√

√

√

√

√ 

25

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√ 

√

√

√

√

√

√

√

√

√

√

√

√11 

√ 

√

√

√

√

√ 

25

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√1

√

√

√2 

√3 

√

√

√5 

√

√

√

√

√

s
t
c
e
j

b
u
S

√

√ 

√

√

√4 

√ 

√

√6 

√

√

√

√8 

√12 

√9 

√13 

√ 

√

√

√

√

√ 

25

√14 

√15 

√

√

√

18

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1   In CZ, in the case of defendants, the provision only applies to family, employment, health and placement in 

care.

2  In ES, in the case of the defendants, the provision does not apply to placement in care.
3   In FI, in the case of defendants, the provision only applies to family.
4  In FI, in the case of subjects, the provision only applies to family.
5  In HU, in the case of defendants, the provision only applies to family, employment, health and admin 

sanctions.

6 In HU, in the case of subjects, the provision only applies to family and employment.

 
 
 
 
120

7 In NL, in the case of witnesses, the provision only applies to family, employment and asylum.
8 In NL, in the case of defendants, the provision only applies to family.
9 In NL, in the case of subjects, the provision only applies to family, asylum, migration and placement in care.
10 In PL, in the case of witnesses, the provision does not apply to asylum, migration, education or health.
11 In PL, in the case of plaintiffs, the provision does not apply to placement in care.
12 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

13 In PL, in the case of subjects, the provision only applies to family and placement in care.
14 In SE, in the case of subjects, the provision only applies to MACR.
15 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care.

121

Table A3.4 

 Existence  of  a  legal  obligation  on  the  part  of  the  court  to  obtain  a 
comprehensive understanding of children involved in judicial proceedings 
and assess his or her legal, psychological, social, emotional, physical and 
cognitive situation using a multidisciplinary approach (CivAdm099) 

MS

Areas of law

Roles of the child

y
l
i

m
a
F

√

√

√

√

√

√ 

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

t
n
e
m
y
o
l
p
m
E

√

m
u

l
y
s
A

√

√

√

n
o

i
t
a
r
g
M

i

√

√

√

n
o

i
t
a
c
u
d
E

√

√

h
t
l

a
e
H

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

9

√

√

√

√

√

√

√

√

8

√

√

8

√

√

7

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

s
e
c
n
e
ff
O

R
C
A
M
<

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

13

√

√

√

√

√

√

√

√

√

9

s
e
s
s
e
n
t
i

W

√

√

√

√1 

√

√

√

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√2 

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√3 

√

√5 

√

√6 

√

s
t
c
e
j

b
u
S

√

√

√

√4 

√

√

√7 

√8 

√11 

√9 

√12 

√10

√13 

√14 

√15

√

Total Yes

14

6

11

10

13

12

10

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In EL, in the case of witnesses, the provision only applies to offences<MACR
2  In EL, in the case of plaintiffs, the provision only applies to offences<MACR
3  In EL, in the case of defendants, the provision only applies to offences<MACR
4  In EL, the case of subjects, the provision only applies to family and placement in care
5  In IT, in the case of plaintiffs, the provision only applies to family and employment
6  In IT, in the case of defendants, the provision only applies to family, employment and offences<MACR
7  In IT, in the case of subjects, the provision does not apply to administrative sanctions 
8  In PL, in the case of plaintiffs, the provision does not apply to employment
9  In PL, in the case of defendants, the provision only applies to employment

 
 
122

10 In PL, in the case of subjects, the provision does not apply to employment, admin sanctions or 

offences<MACR

11 In PT, in the case of plaintiffs, the provision only applies to family and offences<MACR
12 In PT, in the case of defendants, the provision only applies to family and offences<MACR
13 In PT, in the case of subjects, the provision only applies to family and placement in care
14 In SE, in the case of plaintiffs, the provision only applies to employment
15 In SE, in the case of defendants, the provision only applies to employment

Table A3.5 

 Existence  of  legal  obligation  to  provide  multidisciplinary  training  (as 
part  of  capacity  building  programme)  to  all  professionals  who  work  for 
and  with  children  on  the  rights  and  needs  of  children  of  different  age 
groups as well as on proceedings that are adapted to them (CivAdm94a) 

123

MS

Areas of law

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

Total yes

11

√

√

√

√

√

√

√

7

m
u

l
y
s
A

√

√

√

√

√

√

√

√

8

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

s
e
c
n
e
ff
O

R
C
A
M
<

√

√

√

√

√

√

√

√

√

√

10

√

√

√

√

√

√

√

√

√

9

√

√

√

√

√

√

6

√

√

√

√

√

√

√

7

√

√

√

√

√

√

6

√

√

√

√

√

√

6

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

 
 
124

Table A3.6 

 Multidisciplinary training is available but not mandatory (CivAdm094b) 

MS

Areas of law

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

s
e
c
n
e
ff
O

R
C
A
M
<

t
n
e
m
y
o
l
p
m
E

√

√

√

√

√

√

√

√

√

√

y
l
i

m
a
F

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

9

Total yes

16

10

14

13

10

11

14

10

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

 
 
125

Table A3.7 

 Existence of procedures to ensure that the records of children are kept 
strictly confidential and closed to third parties (CivAdm086a) 

MS

Areas of law

t
n
e
m
y
o
l
p
m
E

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

s
e
c
n
e
ff
O

R
C
A
M
<

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

y
l
i

m
a
F

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

Total yes

24

21

24

23

23

24

25

21

19

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

 
 
127

Annex 4  Tables accompanying Section 4
Table A4.1  Existence of statutory provision on the right of children involved in civil 
and  administrative  proceedings  to  receive  information  on  rights  and 
procedures involved (CivAdm068a) 

MS

Areas of law

Roles of the child

proceeding

Stages of the 

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

m
u

l
y
s
A

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

21

√

21

s
t
c
e
j

b
u
S

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√1

√2 

√3 

√4 

√

√

√

√

√

√

√

√10 

√ 

√

√

√

√

√

√

√

√

√

√

√

√

√13 

√17 

√

√

√ 

√

√

√

√6 

√

√7 

√9

√

√5 

√

√

√8

√

√

√

√

√11 

√14 

√18 

√12 

√15 

√19 

√

√

√ 

√

√

√

√

√

√

√

e
r
o
f
e
B

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√ 

√16

√

√

√

√

√

√

g
n

i
r
u
D

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

r
e
ft
A

√

√

√

√

√

√ 

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

Total yes

22

19

20

20

22

18

15

18

23

23

13

22

23

21

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1 In EL, in the case of witnesses, the provision does not apply to placement in care.
2 In EL, in the case of plaintiffs, the provision does not apply to placement in care.
3 In EL, in the case of defendants, the provision does not apply to placement in care.
4 In EL, in the case of subjects, the provision only applies to family and placement in care.
5 In FI, in the case of defendants, the provision only applies to family and employment.
6 In FI, in the case of subjects, the provision only applies to family.

 
 
 
128

7 In HR, in the case of subjects, the provision only applies to family and MACR.
8 In HU, in the case of defendants, the provision only applies to family, employment, health and admin 

sanctions.

9 In HU, in the case of subjects, the provision only applies to family.
10 In NL, in the case of witnesses, the provision only applies to family, asylum and migration.
11 In NL, in the case of defendants, the provision only applies to family.
12 In NL, in the case of subjects, the provision only applies to family, asylum and migration.
13 In PL, in the case of plaintiffs, the provision does not apply to placement in care. 
14 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

15 In PL, in the case of subjects, the provision only applies to family and placement in care.
16 In PL, before the proceedings, the provision does not apply to family or employment.
17 In PT, in the case of plaintiffs, the provision does not apply to placement in care. 
18 In PT, in the case of defendants, the provision only applies to family, admin sanctions and MACR. 
19 In PT, in the case of subjects, the provision only applies to family and placement in care.

129

Table A4.2 

 Existence of statutory provision on the right of children involved in judi-
cial proceedings to privacy (CivAdm080a) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

Total yes

25

21

22

22

23

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

26

20

18

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

21

s
ff
i
t
n

i

a

l

P

√

√

√

√

√3 

√

√5 

√

√

√

√

√

√

√

√

√

√

√

√

√20 

√23 

√

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√

√4

√

√

√12 

√

√

√

√

√

√

√

√

√16 

√19 

√

√

√

√

√

√

√27 

√28 

√

√

√

√

√

√

√31 

27

√32 

27

√33 

27

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√

√6 

√8 

√10 

√

√

s
t
c
e
j

b
u
S

√1 

√2 

√

√

√7 

√9 

√11 

√13 

√

√14 

√15 

√

√

√

√

√

√

√17 

√21 

√24 

√

√

√

√

√

√18 

√22 

√25 

√26 

√29 

√30 

√

√

√

23

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1 In BE, in the case of subjects, the provision only applies to family, placement in care, asylum and migration.
2 In BG, in the case of subjects, the provision does not apply to employment.
3 In DE, in the case of plaintiffs, the provision does not apply to admin sanctions and MACR.
4 In EL, in the case of witnesses, the provision does not apply to placement in care.
5 In EL, in the case of plaintiffs, the provision does not apply to placement in care.
6 In EL, in the case of defendants, the provision does not apply to placement in care.
7 In EL, in the case of subjects, the provision only applies to family and placement in care.
8 In ES, in the case of defendants, the provision does not apply to placement in care.
9 In ES, in the case of subjects, the provision only applies to family, education, health and placement in care.
10 In FI, in the case of defendants, the provision only applies to family and employment.
11 In FI, in the case of subjects, the provision only applies to family.

 
 
130

12 In FR, in the case of witnesses, the provision only applies to family and placement in care.
13 In FR, in the case of subjects, the provision only applies to family, asylum, migration and placement in care.
14 In HU, in the case of defendants, the provision only applies to family, employment, health and admin 

sanctions.

15 In HU, in the case of subjects, the provision only applies to family.
16 In NL, in the case of witnesses, the provision only applies to family.
17 In NL, in the case of defendants, the provision only applies to family.
18 In NL, in the case of subjects, the provision does not apply to employment, education or health.
19 In PL, in the case of witnesses, the provision does not apply to asylum, migration, education or health.
20 In PL. in the case of plaintiffs, the provision does not apply to placement in care.
21 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

22 In PL, in the case of subjects, the provision only applies family and placement in care.
23 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
24 In PT, in the case of defendants, the provision does not apply to placement in care.
25 In PT, in the case of subjects, the provision does not apply to MACR.
26 In RO, in the case of subjects, the provision only applies to family. 
27 In SE, In the case of plaintiffs, the provision does not apply to family.
28 In SE, in the case of defendants, the provision does not apply to family.
29 In SE, in the case of subjects, the provision only applies to family and employment.
30 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care.
31 In UK-Scot, in the case of witnesses, the provision only applies to placement in care and MACR.
32 In UK-Scot, in the case of plaintiffs, the provision only applies to placement in care and MACR.
33 In UK-Scot, in the case of defendants, the provision only applies to placement in care and MACR.

131

Table A4.3 

 Existence  of  legislative  measures  to  prevent  violations  of  the  privacy 
rights  of  children  by  the  media  at  all  stages  of  the  proceedings 
(CivAdm089) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
n
o

i
t
c
n
a
S

i

n
m
d
A

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√2 

√

√

√10 

√

√

√

√

√

√

√

√13 

√16 

√

√

√

√

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√3 

√

√

√

√

√

√

√

√

√

√

√

√17 

√20 

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√4 

√6 

√8 

√

√

s
t
c
e
j

b
u
S

√

√1 

√

√

√5 

√7 

√9 

√

√

√11 

√12 

√

√

√

√

√

√14 

√18 

√21 

√

√

√

√

√

√

√

√

√

√15 

√19 

√22 

√23 

√24 

√

√

√

Total yes

23

22

22

22

22

23

24

20

18

24

24

24

20

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BG, in the case of subjects, the provision does not apply to employment.
2  In ES, in the case of witnesses, the provision does not apply to placement in care.
3  In ES, in the case of plaintiffs, the provision does not apply to placement in care.
4  In ES, in the case of defendants, the provision does not apply to placement in care.
5  In ES, in the case of subjects, the provision only applies to family, employment and placement in care.
6  In ES, in the case of defendants, the provision does not apply to placement in care.
7  In ES, in the case of subjects, the provision does not apply employment, asylum, migration or admin 

sanctions.

 
 
132

8  In FI, in the case of defendants, the provision only applies family and employment.
9  In FI, in the case of subjects, the provision only applies to family.
10 In FR, in the case of witnesses, the provision only applies to family, employment and placement in care.
11 In HU, in the case of defendants, the provision only applies to family, employment, health and admin 

sanctions.

12 In HU, in the case of subjects, the provision only applies to family.
13 In NL, in the case of witnesses, the provision only applies to family.
14 In NL, in the case of defendants, the provision only applies to family.
15 In NL, in the case of subjects, the provision only applies to family, asylum and migration.
16 In PL. in the case of witnesses, the provision does not apply to asylum, migration, education or health.
17 In PL, in the case of plaintiff, the provision does not apply to placement in care.
18 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

19 In PL, in the case of subjects, the provision only applies to family and placement in care.
20 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
21 In PT, in the case of defendants, the provision only applies to family, admin sanctions and MACR.
22 In PT, in the case of subjects, the provision only applies to family and placement in care.
23 In RO, in the case of subjects, the provision only applies to family.
24 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care. 

133

Table A4.4 

 Existence  of  statutory  provision  on  the  child’s  right  to  be  heard,  disag-
gregated by type of proceeding (CivAdm127) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√3 

√

√6 

√8 

√12 

√14 

√16 

s
t
c
e
j

b
u
S

√1 

√

√2 

√

√4 

√7 

√9 

√13 

√15 

√17 

√

√

√18 

√19 

√

√

√

√21 

√25 

√28 

√

√32 

√34

√

√

√22 

√26 

√29 

√30 

√33 

√35 

s
e
s
s
e
n
t
i

W

√

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√5 

√

√10 

√11 

√

√

√

√

√20 

√

√

√

√24 

√27 

√

√31 

√

√

√

√

√

√

√

√

√23 

√

√

√

√

√36 

√37 

√38 

√

√

√

√

√

√

Total yes

26

21

23

22

22

22

24

21

20

16

26

26

22

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In AT, in the case of the subjects, the provision only applies to placement in care.
2  In BG, in the case of subjects, the provision does not apply to employment.
3  In CZ, in the case of plaintiffs, the provision only applies to family, employment, health and placement in 

care.

4  In CZ, in the case of subjects, the provision only applies to family, employment, health and placement in care.
5  In DK, in the case of plaintiffs, the provision does not apply to employment, education, health and admin 

sanctions.

 
 
134

6  In DK, in the case of defendants, the provision does not apply to employment, education, health and admin 

sanctions.

7  In DK, in the case of subjects, the provision only applies to family, asylum and migration.
8  In EE, in the case of defendants, the provision does not apply to migration or health.
9  In EE, in the case of subjects, the provision only applies to family, employment and asylum.
10 In EL, in the case of witnesses, the provision does not apply to placement in care.
11 In EL, in the case of plaintiffs, the provision does not apply to placement in care.
12 In EL, in the case of defendants, the provision does not apply to placement in care. 
13 In EL, in the case of subjects, the provision only applies to family and placement in care.
14 In ES, in the case of defendants, the provision does not apply to placement in care. 
15 In ES, in the case of subjects, the provision only applies to family, education, health and placement in care.
16 In FI, in the case of defendants, the provision only applies to family and employment.
17 In FI, in the case of subjects, the provision only applies to family.
18 In HU, in the case of defendants, the provision only applies to family, employment, health and admin 

sanctions.

19 In HU, in the case of subjects, the provision only applies to family.
20 In LT, in the case of plaintiffs, the provision does not apply to admin sanctions and MACR.
21 In NL, in the case of defendants, the provision only applies to family.
22 In NL, in the case of subjects, the provision does not apply to employment, education and health.
23 In PL, in the case of witnesses, the provision does not apply to asylum, migration, education and health.
24 In PL, in the case of plaintiffs, the provision does not apply to placement in care.
25 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

26 In PL, in the case of subjects, the provision only applies to family and placement in care.
27 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
28 In PT, in the case of defendants, the provision does not apply to placement in care.
29 In PT, in the case of subjects, the provision does not apply to MACR.
30 In RO, in the case of subjects, the provision only applies to family.
31 In SE, in the case of plaintiffs, the provision only applies to education and placement in care.
32 In SE, in the case of defendants, the provision only applies to education and placement in care.
33 In SE, in the case of subjects, the provision only applies to family.
34 In SI, in the case of defendants, the provision only applies to family.
35 In SI, in the case of subjects, the provision only applies to family.
36 In UK-E&W, in the case of plaintiffs, the provision only applies to family, education and placement in care.
37 In UK-E&W, in the case of defendants, the provision only applies to family, education and placement in care.
38 In UK-E&W, in the case of subjects, the provision only applies to family, education and placement in care.

135

Table A4.5 

 Existence  of  statutory  provision  on  the  right  of  children  to  interpreta-
tion  and  translation  services  in  order  to  support  the  right  to  be  heard 
(CivAdm133) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√

√

√

√6 

√8 

s
t
c
e
j

b
u
S

√1 

√2 

√

√3 

√

√

√7 

√9 

√10 

√11 

√

√

√12 

√13 

√

√

√

√

√

√

√

√

√14 

√15 

√

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√

√

√4 

√5 

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√16 

√17 

√

√

√

√

√18 

√19 

Total yes

23

24

23

23

22

22

22

21

17

21

23

23

15

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BE, in the case of subjects, the provision only applies to family, asylum and migration.
2  In BG, in the case of subjects, the provision does not apply to employment.
3  In CZ, in the case of subjects, the provision only applies to family, employment, health and placement in care.
4  In EL, in the case of witnesses, the provision does not apply to placement in care.
5  In EL, in the case of plaintiffs, the provision does not apply to placement in care.
6  In EL, in the case of defendants, the provision does not apply to placement in care.
7  In EL, in the case of subjects, the provision only applies to family and placement in care.
8  In ES, in the case of defendants, the provision does not apply to placement in care.

 
 
136

9  In ES, in the case of subjects, the provision only applies to family, education, health and placement in care.
10 In FI, in the case of defendants, the provision only applies to family and employment.
11 In FI, in the case of subjects, the provision only applies to family.
12 In HU, in the case of defendants, the provision only applies to family, employment, health and admin 

sanctions.

13 In HU, in the case of subjects, the provision only applies to family.
14 In NL, in the case of defendants, the provision only applies to family.
15 In NL, in the case of subjects, the provision does not apply to employment, education of health.
16 In SE, in the case of plaintiffs, the provision does not apply to family.
17 In SE, in the case of defendants, the provision does not apply to family.
18 In SE, in the case of subjects, the provision only applies to family and employment.
19 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care.

137

Table A4.6 

 Existence  of  a  legal  obligation  for  judicial  authorities  to  avoid  undue 
delay  in  their  handling  of  cases  involving  children  (urgency  principle) 
(CivAdm105) 

MS

Areas of law

Roles of the child

proceeding

Stages of the 

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

m
u

l
y
s
A

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

t
n
e
m
y
o
l
p
m
E

√

√

√

√

√

√

√

√

√

√

√

√

√

√

y
l
i

m
a
F

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√6 

√11 

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√

√8 

√12 

√16 

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√7 

√

√

√

√18 

√19 

√20 

√

√

√

√

√

√27 

√30 

√

√

√

√

√

√23 

√28 

√31 

√

√

√

√

√

√22 

√26 

√

s
t
c
e
j

b
u
S

√2 

√3 

√4 

√

√9 

√13 

√17 

√

√

√

√24 

√29 

√32 

√33 

e
r
o
f
e
B

√1 

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√25 

√

√

√

√34 

√35 

√36 

√37 

√

√

√

√

√

√

√

√

√

√

√

g
n

i
r
u
D

√

√

√

√

√

√

√

√14 

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

r
e
ft
A

√

√

√5 

√

√10 

√15 

√21 

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

Total yes

22

14

21

20

17

18

23

16

17

16

24

23

16

23

23

15

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In AT, before the proceedings, the provision does not apply to family, employment or placement in care.
2  In BE, in the case of subjects, the provision only applies to family, asylum and migration.
3  In BG, in the case of subjects, the provision does not apply to employment.
4  In CZ, in the case of subjects, the provision only applies to family, employment, health and placement in care.
5  In CZ, during the enforcement of the decisions, the provision does not apply to asylum.
6  In EL, in the case of witnesses, the provision does not apply to placement in care.
7  In EL, in the case of plaintiffs, the provision does not apply to placement in care.
8  In EL, in the case of defendants, the provision does not apply to placement in care.

 
 
138

9  In EL, in the case of subjects, the provision only applies to family and placement in care.
10 In EL, during the enforcement of the decisions, the provision does not apply to family, placement in care or 

MACR.

11 In ES, in the case of witnesses, the provision does not apply to family.
12 In ES, in the case of defendants, the provision does not apply to placement in care.
13 In ES, in the case of subjects, the provision only applies to family and placement in care. 
14 In ES, during the proceedings, the provision does not apply to family.
15 In ES, during the enforcement of the decisions, the provision does not apply to family.
16 In FI, in the case of defendants, the provision only applies to family.
17 In FI, in the case of subjects, the provision only applies to family.
18 In HR, in the case of witnesses, the provision does not apply to health.
19 In HR, in the case of plaintiffs, the provision does not apply to health.
20 In HR, in the case of defendants, the provision does not apply to health.
21 In HR, during the enforcement of the decisions, the provision does not apply to health.
22 In NL, in the case of witnesses, the provision only applies to family.
23 In NL, in the case of defendants, the provision only applies to family.
24 In NL, in the case of subjects, the provision only applies to family, asylum, migration and placement in care.
25 In NL, before the proceedings, the provision only applies to family and placement in care.
26 In PL, in the case of witnesses, the provision does not apply to asylum, migration, education or health.
27 In PL, in the case of plaintiffs, the provision does not apply to placement in care.
28 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

29 In PL, in the case of subjects, the provision only applies to family, employment and placement in care.
30 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
31 In PT, in the case of defendants, the provision does not apply to placement in care.
32 In PT, in the case of subjects, the provision does not apply to MACR.
33 In RO, in the case of subjects, the provision only applies to family.
34 In SI, in the case of witnesses, the provision only applies to family.
35 In SI, in the case of plaintiffs, the provision only applies to asylum. 
36 In SI, in the case of defendants, the provision only applies to asylum.
37 In SI, before the proceedings, the provision only applies to asylum.

139

Table A4.7 

 Existence  of  a  statutory  provision  to  ensure  that  evidence  provided 
through audio-visual recordings is admissible (CivAdm112) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

Total yes

14

12

10

10

10

10

16

√

√

√

√

√

√

√

√

√

9

√

√

√

√

√

√

√

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√2 

√3 

√4 

s
t
c
e
j

b
u
S

√1 

√

√5 

√

√

√

√

√

√

√

√9 

√12 

√

√

√

√7 

√10 

√13 

√

√15 

√16 

√

√

√

√

√

√

√

√

√

√

√

√

√

√6 

√

√

√

√

√

√

√

√

√

√8 

√11 

√14 

√

√17 

√

√

12

19

17

16

11

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In CZ, in the case of subjects, the provision only applies to family, employment, health and placement in care.
2  In EL, in the case of witnesses, the provision does not apply to placement in care.
3  In EL, in the case of plaintiffs, the provision does not apply to placement in care. 
4  In EL, in the case of defendants, the provision only applies to family and employment.
5  In EL, in the case of subjects, the provision only applies to family and placement in care.
6  In NL, in the case of witnesses, the provision only applies to family.
7  In NL, in the case of defendants, the provision only applies to family.
8  In NL, in the case of subjects, the provision only applies to family, asylum, migration and placement in care.

 
 
140

9  In PL, in the case of plaintiffs, the provision does not apply to placement in care.
10 In PL, in the case of defendants, the provision does not apply to placement in care.
11 In PL, in the case of subjects, the provision only applies to family and placement in care.
12 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
13 In PT, in the case of defendants, the provision only applies to family, admin sanctions and MACR.
14 In PT, in the case of subjects, the provision only applies to family and placement in care.
15 In SE, in the case of plaintiffs, the provision only applies employment.
16 In SE, in the case of defendants, the provision only applies to employment. 
17 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care. 

141

Table A4.8 

 Existence of statutory provision on the right of a child to receive assis-
tance  when  attending  proceedings,  including  from  an  interpreter,  social 
worker, lawyer or friend (CivAdm141) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
n
o

i
t
c
n
a
S

i

n
m
d
A

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√

√

√

√5 

√

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√3 

√

√7 

√9 

√11 

√

√

s
t
c
e
j

b
u
S

√1 

√

√

√4 

√

√8 

√10 

√12 

√

√

√13 

√14 

√

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√2 

√

√6 

√

√

√

√

√

√

√

√15 

√

√16 

√17 

√

√

√

√

√18 

√19 

√20 

√

√

√

√

√

√

√

√

√

√

√

√

√21 

√22 

√

√

22

23

19

Total yes

22

16

20

20

24

15

√

19

√

18

√

15

√

22

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BE, in the case of subjects, the provision only applies to family, asylum and migration.
2  In DK, in the case of plaintiffs, the provision only applies to asylum, migration, placement in care and MACR.
3  In DK, in the case of defendants, the provision only applies to asylum, migration, placement in care and 

MACR.

4  In DK, in the case of subjects, the provision only applies to family, asylum and migration.
5  In EL, in the case of witnesses, the provision does not apply to placement in care.
6  In EL, in the case of plaintiffs, the provision does not apply to placement in care.
7  In EL, in the case of defendants, the provision does not apply to placement in care.

 
 
142

8  In EL, in the case of subjects, the provision only applies to family and placement in care.
9  In ES, in the case of defendants, the provision does not apply to placement in care.
10 In ES, in the case of subjects, the provision only applies to family, education, health and placement in care.
11 In FI, in the case of defendants, the provision only applies to family and employment.
12 In FI, in the case of subjects, the provision only applies to family.
13 In HU, in the case of defendants, the provision only applies to family, employment, health and admin 

sanctions.

14 In HU, in the case of subjects, the provision only applies to family.
15 In NL, in the case of witnesses, the provision only applies to family.
16 In NL, in the case of defendants, the provision only applies to family and asylum.
17 In NL, in the case of subjects, the provision does not apply to employment, education or health.
18 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
19 In PT, in the case of defendants, the provision only applies to family and MACR.
20 In PT, in the case of subjects, the provision only applies to family and placement in care.
21 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care.
22 In UK-E&W, in the case of subjects, the provision only applies to family and placement in care.

143

Table A4.9 

 Existence of statutory provision for court to impose protective measures 
during court proceedings (CivAdm125a) 

MS

Areas of law

Roles of the child

m
u

l
y
s
A

√

√

√

√

√

√

√

√

√

√

√

√

√

√

n
o

i
t
a
r
g
M

i

√

√

√

√

√

√

√

√

√

√

√

√

√

√

n
o

i
t
a
c
u
d
E

√

√

√

√

√

√

√

√

√

√

√

√

√

√

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
n
o

i
t
c
n
a
S

i

n
m
d
A

√

√

√

√

√

√

√

√

√

√

√

√

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

t
n
e
m
e
c
a

l

P

h
t
l

a
e
H

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

Total yes

26

15

14

14

14

15

27

12

15

s
e
s
s
e
n
t
i

W

√

√

√

√

√5 

√

√12 

√

√

√

√

√

√

√

√15 

√

√26 

√

18

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√2 

√

√6 

√

√

√

√

√

√

√

√

√

√

√

√18 

√

√

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√3 

√

√7 

s
t
c
e
j

b
u
S

√1 

√

√

√

√4 

√

√8 

√9 

√10 

√11 

√

√

√

√

√13 

√14 

√

√

√

√

√17 

√20 

√22 

√23 

√

√

√

√

√

√16 

√19 

√21 

√

√

√24 

√25 

√

√

√

√

√

√

√

28

27

24

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BE, in the case of subjects, the provision only applies to family, asylum and migration.
2  In DK, in the case of plaintiffs, the provision does not apply to family.
3  In DK, in the case of defendants, the provision does not apply to family.
4  In DK, in the case of subjects, the provision only applies to family.
5  In EL, in the case of witnesses, the provision only applies to MACR.
6  In EL, in the case of plaintiffs, the provision does not apply to placement in care.
7  In EL, in the case of defendants, the provision only applies to employment. 
8  In EL, in the case of subjects, the provision only applies to family and placement in care.

 
 
144

9  In ES, in the case of subjects, the provision only applies to family and placement in care. 
10 In FI, in the case of defendants, the provision only applies to family and employment.
11 In FI, in the case of subjects, the provision only applies to subjects.
12 In FR, in the case of witnesses, the provision only applies to family and placement in care.
13 In HU, in the case of defendants, the provision only applies to family, employment and health.
14 In HU, in the case of subjects, the provision only applies to family.
15 In NL, in the case of witnesses, the provision only applies to family.
16 In NL, in the case of defendants, the provision only applies to family.
17 In NL, in the case of subjects, the provision does not apply to employment, education or health.
18 In PL, in the case of plaintiffs, the provision does not apply to placement in care.
19 In PL, in the case of defendants, the provision does not apply to placement in care.
20 In PL, in the case of subjects, the provision only applies to family and placement in care.
21 In PT, in the case of defendants, the provision only applies to MACR.
22 In PT, in the case of subjects, the provision does not apply to MACR.
23 In RO, in the case of subjects, the provision only applies to family.
24 In SI, in the case of defendants, the provision only applies to family, employment and health.
25 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care.
26 In UK-NI, in the case of witnesses, the provision only applies to MACR.

145

Table A4.10 

 Existence  of  a  statutory  provision  on  the  right  of  children  to  legal 
counsel  and  representation,  in  their  own  name,  in  proceedings  where 
there  are  potential  conflicts  of  interest  between  child  and  parents 
(CivAdm148a) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

Total yes

22

19

16

16

15

17

21

12

15

s
e
s
s
e
n
t
i

W

√

√

√

√

√4 

√

√

√

√

√

10

s
ff
i
t
n

i

a

l

P

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√2 

√3 

√

√

√

√6 

√7 

√

√

√

√

√

√

√5 

√

√

√

√

√

s
t
c
e
j

b
u
S

√1 

√

√

√

√

√8 

√

√

√

√

√9 

√10 

√11 

√12 

√13 

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√14 

√15 

√

√

√

22

22

17

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BE, in the case of subjects, the provision only applies to family, asylum and migration.
2  In DK, in the case of plaintiffs, the provision only applies to family and placement in care.
3  In DK, in the case of defendants, the provision only applies to family and placement in care.
4  In FR, in the case of witnesses, the provision only applies to family, employment and placement in care.
5  In HR, in the case of plaintiffs, the provision does not apply to health.
6  In HR, in the case of defendants, the provision does not apply to health.
7  In HU, in the case of defendants, the provision only applies to family, employment and health.
8  In HU, in the case of subjects, the provision only applies to family.

 
 
146

9  In NL, in the case of defendants, the provision only applies to family.
10 In NL, in the case of subjects, the provision only applies to family, asylum and migration.
11 In PT, in the case of plaintiffs, the provision only applies to MACR.
12 In PT, in the case of defendants, the provision only applies to MACR.
13 In PT, in the case of subjects, the provision only applies to placement in care.
14 In SE, in the case of subjects, the provision only applies to family and employment.
15 In SI, in the case of subjects, the provision only applies to family, migration, education and placement in care.

147

Table A4.11 

 Existence  of  a  statutory  provision  on  the  right  of  children  involved  in 
judicial proceedings to free legal aid (CivAdm151) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

Total yes

26

23

27

26

23

24

25

20

18

s
e
s
s
e
n
t
i

W

√

√2 

√8 

√

√10 

√

√

7

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√14 

√

√

√

√

√

√

√

s
t
c
e
j

b
u
S

√1 

√

√

√5 

√7 

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√

√3 

√

√4 

√6 

√

√

√9 

√

√

√

√

√

√

√11 

√13 

√15 

√12 

√16 

√

√

√

√

√

√

√

√

√

29

29

14

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BE, in the case of subjects, the provision only applies to family, asylum and migration.
2  In EE, in the case of witnesses, the provision only applies to family and employment.
3  In EE, in the case of defendants, the provision only applies to family, employment, placement in care and 

admin sanctions.

4  In ES, in the case of defendants, the provision does not apply to placement in care.
5  In ES, in the case of subjects, the provision only applies to education, health and placement in care.
6  In FI, in the case of defendants, the provision only applies to family and employment. 
7  In FI, in the case of subjects, the provision only applies to family.

 
 
148

8  In FR, in the case of witnesses, the provision only applies to family and placement in care.
9  In HU, in the case of defendants, the provision only applies to family, employment and health.
10 In NL, in the case of witnesses, the provision only applies to family.
11 In NL, in the case of defendants, the provision only applies to family.
12 In NL, in the case of subjects, the provision does not apply to employment, education or health.
13 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

14 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
15 In PT, in the case of defendants, the provision only applies to family, admin sanctions and MACR. 
16 In PT, in the case of subjects, the provision only applies to family and placement in care.

149

Table A4.12 

 Existence  of  a  statutory  provision  on  the  appointment  by  the  court 
of  a  guardian  ad  litem  or  special  legal  representative  to  represent 
child where there are potential conflicts of interest between child and 
parents (CivAdm154) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√

√

√

√

√9 

√

√

√12 

√15 

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√

√3 

√4 

√

√

√

√

√

√

√

√

√

√

√

√

√16 

√19 

√

√

√

√

√

√

√

√

√

√5 

√7 

√

√

√

√

√

√

√13 

√17 

√20 

√

√

√

√

√

√

√

s
t
c
e
j

b
u
S

√1 

√

√2 

√

√6 

√8 

√

√

√

√

√

√14 

√18 

√21 

√22 

√23 

√

18

√10 

√11 

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

20

√

20

√

16

√

11

Total yes

28

21

19

19

26

17

28

28

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BE, in the case of subjects, the provision only applies to family, asylum and migration.
2  In CZ, in the case of subjects, the provision only applies to family, employment, health and placement in care.
3  In DK, in the case of plaintiffs, the provision only applies to family and placement in care.
4  In DK, in the case of defendants, the provision only applies to family and placement in care.
5  In ES, in the case of defendants, the provision does not apply to placement in care.
6  In ES, in the case of subjects, the provision does not apply to asylum, migration or admin sanctions.
7  In FI, in the case of defendants, the provision only applies to family and employment.
8  In FI, in the case of subjects, the provision only applies to family.

 
 
150

9  In FR, in the case of witnesses, the provision only applies to family, employment and placement in care.
10 In HU, in the case of defendants, the provision only applies to family, employment and health.
11 In HU, in the case of subjects, the provision only applies to family.
12 In NL, in the case of witnesses, the provision only applies to family.
13 In NL, in the case of defendants, the provision only applies to family.
14 In NL, in the case of subjects, the provision only applies to family, asylum and migration.
15 In PL, in the case of witnesses, the provision only applies to admin sanctions and MACR.
16 In PL, in the case of plaintiffs, the provision does not apply placement in care.
17 In PL, in the case of defendants, the provision does not apply placement in care.
18 In PL, in the case of subjects, the provision only applies to family and placement in care.
19 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
20 In PT, in the case of defendants, the provision only applies to family, admin sanctions and MACR.
21 In PT, in the case of subjects, the provision only applies to family and placement in care.
22 In RO, in the case of subjects, the provision only applies to family.
23 In SE, in the case of subjects, the provision only applies to family.

151

Table A4.13 

 Existence  of  a  statutory  provision  on  the  right  of  a  child  to  have 
recourse to Alternative Dispute Resolution (ADR) (CivAdm157) 

MS

Areas of law

Roles of the child

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

t
n
e
m
y
o
l
p
m
E

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

y
l
i

m
a
F

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

Total yes

21

21

1

1

1

s
e
s
s
e
n
t
i

W

√

√

√3 

√5 

√

5

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√6 

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√4 

√7 

√

√

√

√

√

√

22

22

s
t
c
e
j

b
u
S

√

√1 

√2 

√

√

√

√8 

√9 

√

9

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In EL, in the case of subjects, the provision only applies to family.
2  In ES, in the case of subjects, the provision only applies to family.
3  In NL, in the case of witnesses, the provision only applies to family.
4  In NL, in the case of subjects, the provision only applies to family.
5  In PL, in the case of witnesses, the provision only applies to admin sanctions and MACR.
6  In PL, in the case of plaintiffs, the provision does not apply to placement in care.
7  In PL, in the case of defendants, the provision does not apply to placement in care.
8  In PL, the case of subjects, the provision only applies to family and placement in care.
9  In SI, in the case of subjects, the provision only applies to family.

 
 
152

Table A4.14 

 Existence of statutory provision on the right of the child to appeal an 
administrative decision to restrict their liberty (CivAdm168) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

√

y
l
i

m
a
F

√

√

√

√

√

√

√

√

7

√

√

√

5

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

Total yes

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

26

24

√

√

√

√

√

5

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
n
o

i
t
c
n
a
S

i

n
m
d
A

√

√

√

√

√

√

√

√

√

√

R
C
A
M
<

s
e
c
n
e
ff
O

s
e
s
s
e
n
t
i

W

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√

√

√2 

√

√

√

√5 

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

s
t
c
e
j

b
u
S

√

√1 

√

√

√3 

√4 

√

√

√

√

√6 

√

√

√

20

14

10

17

28

1

14

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In BG, in the case of subjects, the provision only applies to asylum and migration.
2  In EL, in the case of plaintiffs, the provision does not apply to placement in care.
3  In EL, in the case of subjects, the provision only applies to placement in care.
4  In ES, in the case of subjects, the provision does not apply to asylum and migration.
5  In HR, in the case of plaintiffs, the provision does not apply to health.
6  In PL, in the case of subjects, the provision only applies to admin sanctions and MACR.

 
 
153

Table A4.15 

 Existence  of  statutory  provision  allowing  a  child  care  authority  to 
appeal against certain court decisions involving children (CivAdm177) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

√

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

8

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
n
o

i
t
c
n
a
S

i

n
m
d
A

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

t
n
e
m
e
c
a

l

P

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√

√

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√2 

√5 

√

√

√

√

√

√

√

√

√

√14 

√17 

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√3 

√6 

√8 

√

√

s
t
c
e
j

b
u
S

√1 

√

√4 

√7 

√9 

√

√

√10 

√11 

√

√

√

√16 

√19 

√12 

√

√13 

√15 

√18 

√

√

√

√

√

√

Total yes

20

16

18

15

15

25

12

14

3

25

22

13

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In CY, in the case of subjects, the provision only applies to family and placement in care.
2  In EL, in the case of plaintiffs, the provision does not apply to family and placement in care.
3  In EL, in the case of defendants, the provision does not apply to family and placement in care.
4  In EL, in the case of subjects, the provision only applies to family and placement in care.
5  In ES, in the case of plaintiffs, the provision does not apply to family.
6  In ES, in the case of defendants, the provision does not apply to family and placement in care. 
7  In ES, in the case of subjects, the provision does not apply to asylum, migration and admin sanctions.
8  In FI, in the case of defendants, the provision only applies to family. 
9  In FI, in the case of subjects, the provision only applies to family.

 
 
154

10 In HU, in the case of defendants, the provision only applies family.
11 In HU, in the case of subjects, the provision only applies to family.
12 In IT, in the case of defendants, the provision only applies MACR.
13 In NL, in the case of defendants, the provision only applies to family. 
14 In PL, in the case of plaintiffs, the provision does not apply to placement in care.
15 In PL, in the case of defendants, the provision only applies to family, employment, admin sanctions and 

MACR.

16 In PL, in the case of subjects, the provision only applies to family and placement in care.
17 In PT, in the case of plaintiffs, the provision only applies to MACR.
18 In PT, in the case of defendants, the provision only applies to MACR.
19 In PT, in the case of subjects, the provision only applies to placement in care. 

155

Table A4.16 

 Legal  obligation  to  communicate  a  decision  or  judgement  to  a  child 
involved in judicial proceedings (CivAdm188a) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

y
l
i

m
a
F

m
u

l
y
s
A

n
o

i
t
a
r
g
M

i

n
o

i
t
a
c
u
d
E

h
t
l

a
e
H

t
n
e
m
e
c
a

l

P

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

√

√

√

√

s
n
o

i
t
c
n
a
S

i

n
m
d
A

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

s
e
s
s
e
n
t
i

W

√1 

√

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√

√

√

√

√

√

√3 

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√

√

√

√

√2 

√

√

√

s
t
c
e
j

b
u
S

√

√

√

√4 

√

√5 

√

√8 

√11 

√6 

√9 

√12 

√7 

√10 

√13 

√

√

√

√

√

√

√

√

√

√

3

22

22

√

√

√

9

Total yes

19

15

√

15

√

15

14

√

16

√

18

13

√

11

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In EE, in the case of witnesses, the provision only applies to family and employment.
2  In FI, in the case of defendants, the provision only applies to family and employment.
3  In HU, in the case of plaintiffs, the provision does not apply to admin sanctions.
4  In IT, in the case of defendants, the provision only applies to MACR.
5  In NL, in the case of witnesses, the provision only applies to family.
6  In NL, in the case of defendants, the provision only applies to family and employment.
7  In NL, in the case of subjects, the provision only applies to family.
8  In PL, in the case of plaintiffs, the provision does not apply to placement in care.
9  In PL, in the case of defendants, the provision only applies to family, employment and admin sanctions.

 
 
156

10 In PL, in the case of subjects, the provision only applies to family and placement in care.
11 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
12 In PT, in the case of defendants, the provision only applies to family, admin sanctions and MACR.
13 In PT, in the case of subjects, the provision only applies to family and placement in care.

157

Table A4.17 

 Existence  of  statutory  provision  for  judicial  authorities  to  make  deci-
sions  which  concern  children  directly  or  immediately  enforceable 
(CivAdm192) 

MS

Areas of law

Roles of the child

t
n
e
m
y
o
l
p
m
E

√

√

√

√

√

√

√

√

√

m
u

l
y
s
A

√

√

n
o

i
t
a
r
g
M

i

√

√

n
o

i
t
a
c
u
d
E

√

√

√

√

√

h
t
l

a
e
H

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

t
n
e
m
e
c
a

l

P

√

√

√

√

√

√

√

√

√

√

s
n
o

i
t
c
n
a
S

i

n
m
d
A

√

√

√

√

√

√

√

√

√

√

√

√

√

R
C
A
M
<

s
e
c
n
e
ff
O

√

√

√

√

√

√

s
t
n
a
d
n
e
f
e
D

√

√

√

√

√

√4 

s
e
s
s
e
n
t
i

W

√

√

√3 

s
ff
i
t
n

i

a

l

P

√

√

√

√

√

√

√

√6 

√7 

√8 

√

√

√9 

s
t
c
e
j

b
u
S

√

√1 

√2 

√

√5 

√

√

√

√

√12 

√15 

√10 

√13 

√16 

√11 

√14 

√17 

√

√

√

√

√

√

√

√

y
l
i

m
a
F

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

√

AT

BE

BG

CY

CZ

DE

DK

EE

EL

ES

FI

FR

HR

HU

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK-E&W

UK-NI

UK-S

Total yes

16

10

9

9

7

8

11

6

7

5

15

14

13

Key: √ = the provision applies; empty cell = the provision does not apply, either because the right does not exist or because 
it is not applicable.

1  In EE, in the case of subjects, the provision only applies to family, employment, asylum and migration.
2  In EL, in the case of subjects, the provision only applies to family.
3  In ES, in the case of witnesses, the provision only applies to family.
4  In ES, in the case of defendants, the provision only applies to family.
5  In FI, in the case of subjects, the provision only applies to family.
6  In HR, in the case of witnesses, the provision does not apply to health.
7  In HR, in the case of plaintiffs, the provision does not apply to health.
8  In HR, in the case of defendants, the provision does not apply to health.
9  In IT, in the case of defendants, the provision only applies to family, employment, asylum and MACR.

 
 
158

10 In NL, in the case of defendants, the provision only applies to family and employment.
11 In NL, in the case of subjects, the provision does not apply to employment.
12 In PL, in the case of plaintiffs, the provision does not apply to placement in care.
13 In PL, in the case of defendants, the provision only applies to family and employment.
14 In PL, in the case of subjects, the provision only applies to family and placement in care.
15 In PT, in the case of plaintiffs, the provision does not apply to placement in care.
16 In PT, in the case of defendants, the provision only applies to family and admin sanctions.
17 In PT, in the case of subjects, the provision only applies to family and placement in care.