New Developments as Regards the Right of the Children to be Heard in Civil Procedures in Spain
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2022
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Abstract
The right of the minor to be heard in civil procedures involving him or her is very well enshrined in Spanish legislation both national and international to which Spain is a party. The principle is fully accepted and the obligation for judges and legal operators to be aware of it is perfectly drafted. Nevertheless, reality shows that the principle lacks a straightforward implementation in Spanish legal practice. The principle misses a clear, uniform and unanimous understanding and several issues relating to its practice are growingly under controversy. The analysis of the existing Spanish case law fosters the understanding of the right of the minor to be heard in all proceedings affecting him or her to be still "under construction" needing further interpretation and development of its exact meaning and scope.2 This has a negative impact on the effectivity of the principle and may affect the minor and the necessary preservation of his or her best interest.
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Esplugues Mota, Carlos 2022 New Developments as Regards the Right of the Children to be Heard in Civil Procedures in Spain The Taiwan Law Review 2022 321 92 109