The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation
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Date
2021
Authors
Massons Ribas, Anna
Balsells, M. Àngels
Cortada i Cortijo, Neus
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Abstract
Children’s right to participation is enshrined in the Convention on the Rights of the Child
(CRC), specifically in Article 12; however, the participation of children in the protection system
continues to be a challenge. There is a need for a paradigm shift, in which children and adolescents
(CA) are considered as active subjects of rights in all areas of their lives, and that means allowing
them to participate in decisions that concern them. The study analysed 20 Spanish laws, both national
and autonomous, that regulate child protection and the rights of CA in the protection system. It
focuses on examining the participation of children in the protection system, divided into its three
dimensions: the right to be informed, the right to be heard and the right to be involved. There is
complexity in the different regulations. All of them are consistent with the CRC and provide for
participation, but not all to the same extent. There is a lack of harmonisation between the legislation
of autonomous communities, leading to practical difficulties for the professionals who have to
implement the legislation on a daily basis.
Citation
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Social Sciences, 2021, vol. 10, núm. 7, 268