Right To Be Heard

Páginas: 4 (964 palabras) Publicado: 2 de noviembre de 2012
Rights to be heard.
Taking into account the article 9 of the proposed directive (the one that we have analyzed in class) of the European Parliament and of the Council establishing minimumstandards on the rights, support and protection of victims of crime; the right to be heard is one of the principal rights in the participation of criminal proceedings. That’s why; Member States have theresponsibility to listen to victims during the criminal proceedings and to let their supply evidence. Although this is a general rule for every individual the article makes an especial mention to the caseof children, where the judge has to evaluate it keeping in mind the age and maturity of the child.
The most important legal text about the rights of the children in general is the Convention of theright of the Child. This convention was written the 20 of July of 2009 by the United Nations and it was considered the main text to stabilize the minimum rights that a child should have. Specificallyin the article 12 we find the right to be heard in two paragraphs. The first paragraph ensures to every child capable of forming his own views, the right to express the views that affect him or herfreely. This views have to be heard in accordance with the age and maturity of the child. Paragraph 2 states, more concretely the right of the child to be heard in any judicial or administrative processthat affects him or her.
It’s clear that if we are faced with a judicial process related to children, could be a delicate process and that’s the reason why we can find a large number of legal textsthat try to guarantee children their rights. My paper consists in analyzing this right in the Convention and also trying to find what the position of my country is. In other words my researchquestion is: which are the steps that the Convention establish to the correct implementation of this right? Does Spain respect it?
The second paragraph of the article, re quires five steps so as to...
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