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Participation of children in legal proceedings for the care of minors

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Cilečková K., Chrenková M., Kornel M.
The Lawyer Quarterly
|
2021
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vol. 11
|
issue 2
340-359
EN
The protection of children and their rights is one of the fundamental topics in all democratic states. The objective of the quantitative research was to find out how minors are engaged in the court proceedings regarding their upbringing and whether the court takes their views into account when it comes to decision-making. The research is rooted in two key concepts – child participation and the form of their participation. Method: The research sample was made up of court decisions involving the upbringing of minors, and finally and firmly terminated in 2015 and 2016 at two district courts in one region in the Czech Republic. The content analysis of documents was used to collect the data. Results: The final selected data resulting from one-dimensional and two-dimensional analysis deliver interesting, and often alarming findings. Discussion: The resulting data are in conflict with valid legislation, but they often confirm the rigid Czech judiciary practice in the area of decision- making when it comes to the upbringing of a minor. All these findings are properly discussed.
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