Publication: Children’s participation in judicial procedure to prevail family justice
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Date
2017
Journal Title
Journal ISSN
Volume Title
Publisher
American Scientific Publishers
Abstract
Children, like adults, are equally entitled to enjoy their fundamental rights especially in deciding matters related to their lives. However, in cases that involve family disputes especially pertaining to custody of children, such rights have often been denied or disregarded all together. Therefore, this paper seeks to discuss the relationship between the children’s rights to participate in legal proceedings and whether the best interests of the child are considered in such family proceedings. To this end, this paper highlights the application of these two principles with special reference to the pluralistic legal system that Malaysian has namely the Civil and Shariah law, as well as the International law. Upon presenting the arguments, this paper recommends some improvements on the judicial procedures in order for judges to meet the children and ensure that justice is served to the latter, particularly by providing them equal rights to be heard in custodial cases.
Description
Keywords
Best Interest of a Child, Family Justice, Judicial Procedure, Right to Participate