Children’s right to participation is enshrined in the Convention on the Rights of the Child (CRC), specifically in Article 12; however, the participation of children in the protection system continues to be a challenge. There is a need for a paradigm shift, in which children and adolescents (CA) are considered as active subjects of rights in all areas of their lives, and that means allowing them to participate in decisions that concern them. The study analysed 20 Spanish laws, both national and autonomous, that regulate child protection and the rights of CA in the protection system. It focuses on examining the participation of children in the protection system, divided into its three dimensions: the right to be informed, the right to be heard and the right to be involved. There is complexity in the different regulations. All of them are consistent with the CRC and provide for participation, but not all to the same extent. There is a lack of harmonisation between the legislation of autonomous communities, leading to practical difficulties for the professionals who have to implement the legislation on a daily basis.

Working with the families of origin of children and adolescents (CA) who are in the CA protection system is essential to achieve reunification, which is the ultimate objective when planning foster care; it is a scientific, social and professional challenge that must be included in the legislation of each country. For this, it is essential that the laws consider and regulate the participation of families in decision‐making during foster care and subsequent reunification processes. We analysed 22 laws enacted through Spanish legislation, both national and regional, that regulate the protection of children. The study focuses on analysing how the Spanish legislation contemplates the participation of parents during foster care and subsequent reunification. The Spanish legislative texts do not expressly, clearly and effectively include the participation of parents. They are limited to the punctual recognition of acts of notification and hearing and, where appropriate, of opposition to certain resolutions. Spain lacks a general legal framework that supports and guarantees the necessary participation of the family in the protection system. The focus on the recognition of the rights of CA in laws as a result of international pressure has relegated the legal protection of the rights of parents, mainly in their right to be heard.