The Representation of Children’s Views in Finnish Court Decisions Regarding Care Orders

Pösö, Tarja; Enroos, Rosi

doi:10.1163/15718182-02503009

Cited by 16 publications

(9 citation statements)

References 8 publications

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“…This could be one way to improve participation for younger children. On the other hand, previous research shows that an age limit could be important, as participation can increases for children over the specific age limit [De Godzinsky, ; Pösö & Enroos, ; Socialstyrelsen, ]. In addition, if there were no specific age limit, the question of what competence the child needs and who should be responsible for assessing when a child is sufficiently mature still needs to be addressed.…”

Section: Discussionmentioning

confidence: 99%

“…It was also more common that the views of older children (14–17 years old) appeared in the judgment [De Godzinsky, ]. Another study from Finland that explored how written court decisions recognize, address, and use children's views found that the older the child, the more attention was given to his/her views, either directly or indirectly [Pösö & Enroos, ].…”

Section: Theoretical Perspective and Previous Research On Participationmentioning

confidence: 99%

“…Another study from Finland that explored how written court decisions recognize, address, and use children's views found that the older the child, the more attention was given to his/her views, either directly or indirectly [Pösö & Enroos, 2017]. Daly [2018] discusses how courts in different countries 2 demonstrate respect for adolescents' wishes to a much greater extent than those of younger children.…”

Section: Age-and Maturity-related Participationmentioning

confidence: 99%

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Age limits for participation in child protection court proceedings in Sweden

Hultman

Höjer

Larsson

2019

Child & Family Social Work

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According to the UN Convention on the Rights of the Child and Swedish legislation, children have the right to participate in child protection proceedings. The aim of this paper is to describe and analyse the notion of age and maturity in child protection proceedings in order to elucidate how these aspects could influence children's rights to participate. We focus on the view of three groups of actors involved in child protection proceedings in Sweden—social workers, lawyers, and laypersons in social welfare boards and administrative courts—and on how children's age and maturity should be taken into consideration in decisions on their participation in court. The analysis is based on survey data. The study found that social workers, laypersons, and lawyers have different views on when children are old enough to have the right to litigate in court. Additionally, there is no consensus on how the maturity of the child can be assessed to inform the decision about participation. More discussion is needed about what competences a child needs to participate in court and to what extent this right should be limited by their age. Importantly, courts and decision‐making proceedings can be made more child friendly.

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Section: Discussionmentioning

confidence: 99%

Section: Theoretical Perspective and Previous Research On Participationmentioning

confidence: 99%

Section: Age-and Maturity-related Participationmentioning

confidence: 99%

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Age limits for participation in child protection court proceedings in Sweden

Hultman

Höjer

Larsson

2019

Child & Family Social Work

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“…One feature of childcentered CW organizations is that children's rights, interests and needs are considered as essential elements in service-provision. Children are given the opportunity to express their views and opinions and to be involved in matters concerning them (Pösö and Enroos 2017). This systematization has been criticized for being limited to high-income countries and for not being sufficiently nuanced, and for inadequately acknowledging cultural complexity and different CW contexts (Connolly et al 2014: Waldock 2016.…”

Section: The Various Contexts Of Child Welfare Servicesmentioning

confidence: 99%

The What, Why and How of Child Participation—A Review of the Conceptualization of “Child Participation” in Child Welfare

2021

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This review explores the conceptualization of “child participation” in a child welfare context. The analyses are based on the theories, models and concepts researchers apply when framing their studies. Central to the authors’ conceptualizing is the understanding of why children should participate. Children’s rights are a common starting point for many authors, but they differ on whether children should participate out of consideration for children’s intrinsic value (e.g., concern for their well-being) or for the instrumental value of the participation itself (e.g., service outcome). The analysis also focuses on how authors measure participation level. The analysis showed that most authors presented a limited rights-focused goal for the collaboration with children, while a minority group problematized the concept. Although several researchers emphasize that participation requires a process, few authors see the meaning-making process as the main purpose of child participation.

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“…3. See Peters (2018) for reflections on the voice, story and dignity of the child in relation to hearing children in child protection, Leviner (2018) on the need to rethink children's participation in the Swedish child protection system, and Pösö and Enroos (2017) on the narrow representation and use of children's views in Finnish care orders. 4.…”

Section: Notesmentioning

confidence: 99%

Human Rights in Child Protection

Falch‐Eriksen¹,

Backe‐Hansen²

2018

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The Representation of Children’s Views in Finnish Court Decisions Regarding Care Orders

Cited by 16 publications

References 8 publications

Age limits for participation in child protection court proceedings in Sweden

Age limits for participation in child protection court proceedings in Sweden

The What, Why and How of Child Participation—A Review of the Conceptualization of “Child Participation” in Child Welfare

Human Rights in Child Protection

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