Comment on the Right of the Child to be Heard: On the Basis of the Convention on the Rights of the Child
Date Issued
2014
Date
2014
Author(s)
Ma, Jo-Tzu
Abstract
The protection of human rights is a significant issue of the modern country. When it comes to human rights, we cannot overlook the standards of the international human rights because of the universal value of it. The systems of the international human rights change from time to time. First of all, the first generation of the international human rights is the civil and political rights, and then developed to the economic and social rights. Ultimately the emphasis of the international human rights become the group and collective rights, which means some people have the special mutual nature and in need of particular protection. This thesis will focus on the third generation of human rights, to be more precisely, the protection of the children''s rights.
Children are human beings so that children should be entitled to the protection of fundamental human rights. Since children are not fully developed, children may be hurt when they own the same rights as adults and exercise their rights. This is the dilemma of the rights of the children. Nevertheless, we could not give up the protection of children’s rights because of children are the most important component of the human society. There are many international legal document consist of the rights of the children, and the most comprehensive one is the CRC (Convention on the
Rights of the Child), which constitutes the perfect pedigree of the children’s rights as well as enshrines the concept that "Children are the subjects of rights ".Compared with other conventions, the concept of "Children are the subjects of rights " is also the most different characteristics of the CRC.
This thesis will not only approve the concept that "Children are the subjects of rights ", but stress the concept of "the right of the child to be heard", which stipulated in the article 12 of the CRC. Among all children’s rights, the right of the child to be heard can most demonstrates the concept of "Children are the subjects of rights." The paragraph 1 of the article 12 prescribes that child who is capable of forming his or her own views has the right to express those views freely in all matters affecting the child. This paragraph thus entitle children the substantive rights to express their views actively in order to protect their other rights. In the other hand, the second paragraph of the article 12 is the procedural rights which sets forth that child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child.
For children, the right of the child to be heard is the indispensable right because it represent that children are the subjects of rights. Therefore, this thesis emphasis that we should apply the rights of the child to be heard with a view of implementing the protection of children’s rights. In comparison with the right of the child to be heard, there is no objective criteria of the best interest of the child principle. And this leads to the best interest of the child principle can seldom achieve the goal of children rights’ protection. Consequently, this thesis will quote the General Comment No. 12 of the CRC and explain the right precisely. Finally, this thesis will examine whether the right of the child to be heard is implemented in our country and suggest the improvement to fulfill the right.
Subjects
兒童權利保障
兒童陳述意見之權利
兒童權利公約
權利主體
一般性意見
Type
thesis
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