BOOK CHAPTER (141-154)
The right of the child to be heard
– from CRC standards to Albanian law provisions
and their application
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School for Magistrate, Tirana, Albania |
KEYWORDS
ABSTRACT
The aim of the article is to focus on some aspects related to the child’s right to be heard in
administrative or judicial proceedings, which, they are part of due to various causes. This
is an essential right to making the child part of the decision-making affecting him. This
may happen in cases where the problem is resolved out of the court, but also in cases when
a court decision is required. There are cases which relate to the emotional, economic and
social welfare of the child, school relations, domestic or other forms of violence, adoption
procedures, best interest in exercising the parental responsibility, cases related to children
in conflict with the criminal law, etc. Now we are faced with the question: what is the level
of child participation and how is the right of the child to be heard in decision-making
that affect him, actually working? Do the authorities have the competence and knowledge
required to guarantee this right? Are both the Albanian judiciary as well as other authorities
prepared to effectively guarantee the right to be heard or are still remaining problematic
issues? The article will additionally lay down some practical difficulties and suggestions for
further consideration.