O texto apresentado é obtido de forma automática, não levando em conta elementos gráficos e podendo conter erros. Se encontrar algum erro, por favor informe os serviços através da página de contactos.
Não foi possivel carregar a página pretendida. Reportar Erro

23 DE JULHO DE 2013

13

a to receive all relevant information;

b to be consulted and express his or her views;

c to be informed of the possible consequences of compliance with these views and the possible

consequences of any decision.

Article 4 – Right to apply for the appointment of a special representative

1 Subject to Article 9, the child shall have the right to apply, in person or through other persons or bodies, for a

special representative in proceedings before a judicial authority affecting the child where internal law precludes

the holders of parental responsibilities from representing the child as a result of a conflict of interest with the latter.

2 States are free to limit the right in paragraph 1 to children who are considered by internal law to have

sufficient understanding.

Article 5 – Other possible procedural rights

Parties shall consider granting children additional procedural rights in relation to proceedings before a judicial

authority affecting them, in particular:

a the right to apply to be assisted by an appropriate person of their choice in order to help them express their

views;

b the right to apply themselves, or through other persons or bodies, for the appointment of a separate

representative, in appropriate cases a lawyer;

c the right to appoint their own representative;

d the right to exercise some or all of the rights of parties to such proceedings.

B. Role of judicial authorities

Article 6 – Decision-making process

In proceedings affecting a child, the judicial authority, before taking a decision, shall:

a consider whether it has sufficient information at its disposal in order to take a decision in the best interests

of the child and, where necessary, it shall obtain further information, in particular from the holders of parental

responsibilities;

b in a case where the child is considered by internal law as having sufficient understanding:

– ensure that the child has received all relevant information;

– consult the child in person in appropriate cases, if necessary privately, itself or through other persons or

bodies, in a manner appropriate to his or her understanding, unless this would be manifestly contrary to the best

interests of the child;

– allow the child to express his or her views;

c give due weight to the views expressed by the child.

Article 7 – Duty to act speedily

In proceedings affecting a child the judicial authority shall act speedily to avoid any unnecessary delay and

procedures shall be available to ensure that its decisions are rapidly enforced. In urgent cases the judicial

authority shall have the power, where appropriate, to take decisions which are immediately enforceable.