Margarite Helena: Brussels II bis: The Right of the Child to be Heard in International Proceedings
Pravnik, Ljubljana 2015, Vol. 70 (132), Nos. 11-12
The 2005 Brussels II bis Regulation is aimed at making the child, caught in international proceedings, more visible and the bearer of more rights.
The 2005 Brussels II bis Regulation is aimed at making the child, caught in international proceedings, more visible and the bearer of more rights. The child’s right to be heard should play an especially central role in three types of proceedings that fall within the scope of the Regulation. However, recent judgments of the European Court of Justice on the child’s right to be heard give reason to believe that not hearing the child will not often be a reason to find that the Regulation has been breached. Even accession of the EU to the ECHR will not bring much change in this situation.