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PSIQUE • e-ISSN 2183-4806 • Volume XXII • Issue Fascículo 1 • 1st january janeiro-30th june junho 2026 • pp. 134-155
PARTICIPATION IN CHILD PROTECTION AND FAMILY JUSTICE: THE CHILD’S EXPERIENCE
Margarida Leiria, Cristina Nunes
The recognition that parents’ interests may not align with the child’s best interests (Birnbaum
et al., 2012; Hayes et al., 2020) provides a further argument in favour of children’s direct partic-
ipation, so that the court can determine the child’s best interests, as required by Article 3 of the
CRC (UN, 1989), and assess whether the child’s views may have been influenced by one of the
parents (Byrnes, 2011; Cashmore, 2003; Cashmore et al., 2009). Conversely, children’s non-partic-
ipation may lead to incorrect decisions with negative impacts that can persist throughout their
lives, or may lead children to rebel, attempting to assert their position in maladaptive ways (Bell,
2016; Leeson, 2007; McIntosh, 2009; van Bijleveld et al., 2015).
Beyond the benefits for children themselves, their participation can also have positive effects
at other levels. Taking children’s views into account tends to result in more effective interven-
tions, making them more responsive to children’s needs, wishes, and expectations (Archard &
Skivenes, 2009; Cashmore, 2002; Kosher et al., 2020; van Ufford, 2023; van Bijleveld et al., 2015;
Vis et al., 2011). It contributes to ensuring more accurate, inclusive, and relevant decisions by
enabling a more rigorous assessment of children’s emotional states, their concerns, and their per-
ceptions of what matters for their future (Balsells et al., 2017; Bessell, 2011; Cashmore, 2002, 2011;
Committee, 2009; Henderson-Dekort et al., 2021; Krappmann, 2010; Kratky et al., 2020; Kriz et
al., 2017; McCafferty & Garcia, 2023; Mol, 2019). It also promotes improvements in the quality
of child protection services, making them more child-centred, more grounded in what children
understand to be their needs, and more responsive to individual differences (Kosher et al., 2020;
Kriz et al., 2017; Vis et al., 2011; Woodman et al., 2018; Woolfson et al., 2010).
From the Convention’s perspective, the child’s right to be protected from abuse and neglect
cannot relegate their other rights to secondary positions. Equally, the child’s right to participate
in decision-making about their life, by expressing their views, should not receive more attention
than their right to protection when they are vulnerable (Bouma et al., 2018; Committee, 2009;
Gerdts-Andresen, 2021; Henderson-Dekort et al., 2021; James & Lane, 2018; Sanz-Caballero, 2021).
However, safeguarding the child’s wellbeing while also taking their views into account is a dif-
ficult and complex balance. Managing this tension between participation and protection, and
determining the weight to be given to the child’s views, depends directly on the professionals
involved. Child development, trauma, neglect, abuse, or other difficulties influence the assess-
ment of children’s needs and the process of taking their views into account (Gerdts-Andresen,
2021; James et al., 2018; Woodman et al., 2023).
As a legal right, the concept of participation is guided by Article 12, but in practice it has been
understood in different ways (van Ufford, 2023). This variability in definition, together with the
absence of a clear operationalisation of the concept, may limit understanding of the purpose of
children’s participation and create obstacles to their full participation, contributing to the gap,
documented by research, between the right to participate and the realisation of that right (Ken-
nan et al., 2019; Koziel et al., 2023; Kriz et al., 2015; Rap et al., 2019; Skauge et al., 2021; Strømland
et al., 2022; van Bijleveld et al., 2015; van Ufford, 2023; Vis et al., 2012). As reasons for limiting or
not promoting children’s participation, professionals identify organisational and methodologi-
cal constraints, a lack of child-centred processes, discontinuities and difficulties in relationships
with children, and a lack of time and knowledge regarding participatory practices (Balsells et
al., 2017; Cashmore, 2011; Cashmore et al., 2008, 2009; Falch-Eriksen et al., 2021; Kennan et al.,
2019; Koziel et al., 2023; Kriz et al., 2017; McCafferty et al., 2023; Strømland et al., 2022; Toros,
2020; van Bijleveld et al., 2015; Vis et al., 2012; Woodman et al., 2023). Grounded in concerns