| Abstract [eng] |
The United Nations Committee on the Rights of the Child, in assessing the implementation of the Convention on the Rights of the Child by the Lithuanian Republic, notes and recommends taking more effective measures to ensure that children’s views are properly heard in all matters affecting them. Although the child's right to express their views is enshrined in the Law on Minimal and Average Care of the Child, but the practical implementation of this principle remains uncertain. The aim of this work is to analyse the specific aspects of hearing the child’s opinion in the context of applying minimal care measures. During the analysis of the scientific literature of Lithuanian and foreign authors, the aim was to discuss the importance of listening to the child's opinion when participating in decisions related to the child. The analysis includes a review of child participation models and theoretical foundations for hearing the child’s opinion, as well as the challenges encountered in the process of minimal care. In order to study the practical aspects of listening to the child's opinion and identify challenges and opportunities for improvement in the implementation of minimal care measures, a qualitative study was chosen, for which the method of semi-structured interviewing was used. Informants – 5 inter-institutional cooperation coordinators, 4 case managers and 3 child right protection specialists. The interviews were conducted in major cities, towns, and rural districts across Lithuania. The analysis of literature showed that properly listening to child’s opinions is important, as it helps to identify the child’s best interests and appropriate support measures. The results of the study showed that the child's opinion in the process of minimum care is heard in three stages: an individual conversation with a child rights protection specialist, the expression of the child's opinion during the Child welfare commission meeting and the interview with the case managers during the implementation of minimal care measures. The child's opportunity to express his/her views at each stage depends on the specialist’s subjective assessment of the child’s characteristics. The process of hearing the child’s opinion by the child rights protection specialist in the context of minimal care is not based on a single and defined objective. Opinions are heard differently based on the experience and skills of the professionals, rather than a clear understanding of how the process should work. During Child welfare commission meetings, conversations with the child follow a recommended model that encourages the child to speak and express their opinion. According to the informants, the biggest difficulty for children in expressing their views in the process of minimum care is negative emotions and emotional discomfort, which is revealed through children's reactions, behaviour and non-verbal language. This difficulty stems from not understanding the expectations placed on them; not knowing how or being unable to answer difficult questions; feeling misunderstood and unheard; and having to speak in front of a commission of 10–15 unfamiliar people who evaluate and make decisions about the child's future. When specialists attempt to hear the child’s opinion, they are challenged by the child's speaking up and resisting behaviour. It was found the lack of competence and knowledge of professionals in listening to the child's opinion. Difficulties were also identified in relation to children's accessibility, inter-institutional cooperation and a lack of human and time resources. This makes it difficult to make a comprehensive assessment of the child's situation and increases the risk that the child's views are listened to in a formal way. |
