Since 2015, local municipalities in the Netherlands have been responsible for the organisation of the youth care and child protection system. One of the basic assumptions underlying the new Youth Act (2015) is the mobilisation and empowerment of the family to help solve their problems. Consequently, the participation of children and parents is essential in the implementation of youth care services. However, it seems that substantial differences exist between municipalities in realising children's participation in decisions that are taken concerning their care and protection. This article provides an interdisciplinary perspective on child participation; it explores both the legal opportunities for participation and the extent to which children can make use of these opportunities in practice. It is concluded that municipalities have large discretion in giving shape to child participation in the access to voluntary and coercive youth care. However, child participation is better regulated and implemented in practice with respect to compulsory youth care via court orders. Throughout almost the entire process, the minimum age limit from when children are involved in the decision-making process is 12 years, which means that children below that age have scarce opportunities to participate.
In the European context, an understanding that States are responsible for an effective child protection system is well established. Further, all 47 members of the CoE have adopted the European Convention for the Protection of Human Rights and Fundamental Freedoms, and all European countries have ratified the UN Convention on the Rights of the Child (CRC). Thus, States have come to understand their responsibility in terms of the child’s right to protection. The aim of this article is to explicate core elements of an effective child protection system within a child’s rights framework. This aim is accomplished by highlighting and providing analysis of the principles set forth in the CRC and further elaborated in General Comment No. 13 (2011) and by the UN Children’s Fund (UNICEF), the main components of policies and other relevant documents of the European Union (EU) and the Council of Europe (CoE), and caselaw from the European Court of Human Rights (ECrtHR) and then presenting recommendations for an effective State-run child protection system.
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