The right of children to be heard

1. The right of children to be heard

2. International legal framework The UN Convention on the rights of the child states that all children have the right to be heard and the right to express their views freely in all matters affecting them. The Convention also sets out that children shall be provided the opportunity to be heard in any judicial and administrative proceedings affecting them, either directly, or through a representative or an appropriate body. The General Comment 12 also states that children should have the possibility of addressing an ombudsman or a person of a comparable role in all children’s institutions, inter alia, in schools and day-care centres, in order to voice their complaints. Children should know who these persons are and how to access them.

3. Catalan legal framework The possibility of lodging a complain is of utmost importance in the case of children in foster care. In Catalonia, the Law 14/2010, on rights and opportunities of children and young people, states that children and young people have the right to be heard and, in the sphere of foster care system, acknowledges the right of children to be listened to by technical experts during the study of their case. Law 14/2010 also sets out the right of children in foster care to be heard, although it doesn't establish a proper procedure to lodge complaints or make suggestions. The Charter of Rights and Duties of Children in Foster Home Centres, which states the right of children to lodge complaints, requests and suggestions, is also a very significant step forward.

4. The Catalan Ombudsman actions However, after having looked into this issue through complaints and meetings, the Catalan Ombudsman notes that the Charter, although important, does not set out an specific procedure to fulfil this right. The regulation is unspecific and it does not guarantee a procedure that safeguards the accessibility and confidentiality of children and young people living in centres. Furthermore, as the Charter allows the centres to establish their own procedures, there is an uneven implementation of this regulation. As for children living with foster families there is no regulation at all with regards to the fulfilment of this right.

5. The Catalan Ombudsman recommendations (1/2) So the Ombudsman recommends to the Administration involved in foster care system: (1) That the Law 14/2014 be developed by means of a regulation that sets out the specific complaint procedure, available to all children and young people in foster care. This procedure should guarantee the access of children to bodies with guardianship functions and to other external supervisory bodies as the Ombudsman or the prosecutor's office. This access should be possible under safety and comfort conditions for children and without the intervention of centres or foster families.

6. The Catalan Ombudsman recommendations (2/2) (2) That this procedure be known by professional teams working with children in the foster care system and specially by children. (3) That, in addition to the complaint procedure, children be assigned a contact person to whom they can resort to lodge complaints or request information about their situation, not only in the case of children in foster families but also the ones living in foster home centres. (4) That children in foster care should be handed over a document with the details of their contact person and the way to access them under confitentiality conditions. Following the recommendations of the Catalan Ombubudsman, the Government of Catalonia is working on a future regulation of the Law 14/2010 with regards to the procedure enabling children in foster care to lodge complaints and suggestions.