Ariticle12Respect for children's views
- 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.
- For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
This Article provides for the right of children to express their opinions. Children are often regarded as not fully developed in their ability to express their opinions and are treated as "half-fledged.” Guaranteeing the right to express their opinions is essential for children to be treated as “full-fledged.” This article is recognized as a distinctive one in the Convention.
Details set out in this Article
Paragraph 1 stipulates that States Parties shall guarantee the right of a child, who is able to formulate his or her own opinions, to freely express his or her views on matters affecting him or her. It also provides that such opinions shall be duly respected in consideration of the age and maturity of the child. Paragraph 2 also stipulates that, in order to achieve the objectives of this Article, the child must be given the opportunity to have his or her opinions heard in all judicial and administrative proceedings affecting the child, either in person or through a representative or an organization.
There are many areas in which children's right to express their opinions should be respected, including child welfare, family, and school. In Japan, the Child Welfare Act was amended in 2016 to clearly state the guarantee of a child's right to express his or her opinion. Subsequently, due to incidents of abuse and other cases in which the child's intentions were not respected, the Child Welfare Act was amended in 2022 to require Child Guidance Centers, etc. to take measures such as hearing of opinions to consider the opinions and intentions of the child. In addition, the right of children to express their opinions is required to be guaranteed at schools, where “black school rules” have become a social problem, as well as at home.