The Israeli Law’s Attitude Towards Minors’ Rights of Participation in Making Decisions Relating to Them
PDF

Keywords

minors’ rights
minor’s best interests
independent representation
autonomy

How to Cite

Khawaly-Esawi, R. . (2020). The Israeli Law’s Attitude Towards Minors’ Rights of Participation in Making Decisions Relating to Them. Studia Edukacyjne, (41), 425–466. https://doi.org/10.14746/se.2016.41.25

Abstract

The purpose of the paper is to examine the attitude of Israeli law towards minors’ participation in making decisions relating to them. This right is expressed in the United Nations Convention on the Rights of the Child which has turned into an international document approved by nations all over the world. The minor’s right to participate in decisions relating to him is enshrined in Section 12 of the United Nations Convention on the Rights of the Child. It is possible to see that the convention recognized the dignity of the person and the human rights of the minor. However, it is willing to grant rights to minors taking into consideration their age and their different stages of development. Sometimes parents focus mainly on their own interest and rights, and thus find it hard to faithfully determine their children’s rights and protect their best interest. If a minor does not have the right to participate in legal proceedings relating to him, he might get hurt. The view which accepts the notion of independent representation of a minor stems from the concept that a minor has rights like adults, and those rights include one to independent representation. Such a right can be practiced when the minor himself, his guardian or lawyer, represents his interests independently from his parents. Israeli law generally does not provide minors with independent rights such as the right to be a part of decision making. However, it does provide minors with rights in specific cases which might be seen as necessary, and there is still considerable space for the personal worldview of the judge. In addition, Israeli law is yet to adequately define the exact role of the legal guardian representing a minor and his methods of operation, and nowadays this duty depends on the personality of a legal guardian and his approach to this duty.

https://doi.org/10.14746/se.2016.41.25
PDF

References

The American Bar Association.

Adoption Act 1976. (England).

Almog S., “The Best Interests of Children in Comparison to 1977”, “The Rights of Children”,

The Echo Of Education, 1996, 71 (Hebrow).

Alroi’, “Children Rights, Different Views”, The Advocate, 1986 (Hebrew).

Amendments to the Law of Evidence (Protection of Children) – 1955. This law regulates investigating children, be it as witnesses or as suspects.

Ann M. Haralambie, The Child’s Attorney: A Guide to Representing Children in 107 Custody, Adoption and Protection Cases, 1993.

Anonymous v. Anonymous the biological parents, Judge Rotlevy’s ruling (Tel Aviv Court), apple no. 4/04, 20 December 2004.

Anonymous v. Anonymous, Apple no. 23860/96, 20 May 1997.

Anonymous v. Anonymous, Authority of Citizen Appeal 3009/02, 20 June 2002.

Anonymous v Attorney general, Appl. no. 6106/92, 27 September 1993.

BAINHAM A., CHILDREN: THE MODERN LAW 102-103 (3rd ed., 2004) which explains the theory of interest by MacCormick.

Baroness Hale The voice of the child, {2007} INT'L. FAM. L.J., 171.

B.C. Hafen, "Children's Liberation and the New Egalitarianism: Some Reservations About Abandoning Youth to Their 'Rights'” (1976).

Children Act, 1989 (England).

Civil appeal, Tsabar v. Attorney General, Appl. no. 433/67 (1968).

Civil appeal, Wolf vs. Wolf, , Appl. no. 503/60, 1962.

Compulsory Education Law (1949).

Engelrad Y., The Law of Legal Capacity and Guardianship 1962.

Goldstein J., Before the Best Interest of the Child 7 (1979).

Goldstein J., „Medical Care for the Child at Risk: On State Supervention of Parental Autonomy”, 86 Yale L.J., 645 (1977).

Hunt- Federle K., “Constructing Rights for Children: An Introduction”, 27 Fam. 96 L.Q. 301-302 (1993-1994).

Hunt Federle K., Children's Rights and the Need for Protection, 34 Fam. L.Q (2000) 425, 42.

Judge Potter M., The Child’s Voice: “The rights of Children in Family Proceedings”, 2008.

Kaplan Y., “From the Best Interests of the Child to the Rights of the Child – Independent Representation of Minors, 2001 (Hebrew).

Masson J., Representation of Children in England. Protecting Children in Child Protection Proceeding s, 34 Fam. L.Q. 467, 468 (2000).

Ministry of Justice, The subcommittee report on "Children and their Families”, 2003.

Morag T., “Court ruling after Israel joined the Convention of the Rights of the child – is it a new era?”, 2006 (Hebrew).

Morag T., The Effects of the Committee of the Examination of Child Rights and court rulings on the perception of Israeli rulings, 2008 (Hebrew).

N’ N’ (not published), Apple no. 3420/96.

Peters J.K., Representing children in child protective proceedings: Ethical and Practical Dimensions (1997).

Richard Parson, Birthrights, 1974.

The Bill of Promoting Children’s Rights, 2014; http://www.justice.gov.il/Units/YeutzVehakika/NosimMishpatim/HavaadLeZhuyot/Pages/DochKliali.aspx.

(Hebrow).

The Child Adoption Law, 1981.

The Convention on The Hague’s Civil Aspects of International Child Abduction, 1991.

The Convention on the Rights of the Child, (1989).

The Genetic Information Law, 2001.

The Law of Teen and Child Representation bill, 2013.

The Law of Teen Care and Supervision, 1960.

The Law of Teen Employment (1953).

The law of Trial, Punishment and Methods of Treatment of Teens, 1971.

The law of Family Court, 1995.

The Law of Women’s Equal Rights, 1951; section 14 of the law of Legal Capacity and Guardianship, 1962.

The Legal Capacity and Guardianship Law, 1962.

The Law of Marriageable Age (1950).

The Law of Public Education (1953).

The Penal Code, 1977.

The Rules of Civil Procedures, 1984.

Shnet D,“The Legal Capacity of a Minor and the Parental Authority to Represent Him”, Society and Welfare, 1983 (Hebrew).

Sobie M., The Child Client: Representing Children in Child Protective Proceedings, 22 Touro L. rev. 745 (2006).

The Ministry of Justice, Jerusalem, 2004.

The Ministry of Justice, The Committee on the Children Law and Implementing Legislation: The Committee’s Report 2003.

The subcommittee on “Separate Representation of Children in Civil Proceedings”, The Ministry of Justice, 2003; http://www.justice.gov.il/Units/YeutzVehakika/Nosim Mishpatim/HavaadLeZhuyot/Pages/YezugNifrad.aspx.

The Supreme Court ruling, The American European Missions v. social workers, Appl. no. (103/67).

The Supreme Court’s view with regards to civil appeal, Tsabar v. Attorney General, Appl. No. 433/67 (1968).

Wald M., “Children’s Right: A Framework for Analysis “ 12 U.C.L. Rev. 255, 260-261(1979).