Child’s voice during the investigation of the notification

One of the principle guarantees of the implementation of the fundamental rights of the child stipulated both on the national and the international level is the child’s right to be heard when matters relating them are being solved. Article 36(1) of the Republic of Lithuania Law on Fundamentals of Protection of the Rights of the Child stipulate the freedom of the expression of the child’s opinion concerning a possible violation of their rights. 

Article 3(1) of the United Nations Convention on the Rights of the Child (hereinafter referred to as the Convention on the Rights of the Child) stipulates that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. When determining the interests of the child, it is necessary to take the child’s wishes, intentions, priorities into consideration, however, it is not the defining factor of the content of the interests of the child. Article 12 of the Convention on the Rights of the Child stipulates States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. The Convention on the Rights of the Child stipulates that the child might be heard in different ways: directly, through a representative or a respective authority. It is possible to choose any of these forms, the intended purpose of each of them is to provide the child with the best way to freely express their opinion without any restrictions. 

Article 39(3) of the Constitution of the Republic of Lithuania stipulates that the minor children are defended by the law. With regard to the aforementioned legal regulation it shall be noted that the defenders of the child rights hear the opinion of the child, who is able to formulate their opinion, on the matters related with them, and, having assessed the circumstances in relation with the situation, with regard to the child’s age and maturity, make decisions based on the child’s best interests.