There are those who wonder how it is possible that in the almost a decade that the so-called Juana Rivas case has been open, no Spanish judge has heard, until now, her youngest son. There are those who wonder if it is common for judges not to listen to children when making decisions that directly affect them. Whether these are protective measures against his father who mistreats his mother or whether they are those of a regulatory agreement in highly conflictive separation or divorce processes. There are those who wonder if what this 9-year-old boy is going through is common.
The answer, unfortunately, is yes. That it is common, that it is a very normalized practice in family courts and also in gender violence courts, that their holders do not consider that a girl or boy’s right to be heard is part of a fundamental right such as that of effective judicial protection. That, without their voice, without their story, without their testimony, the process will be flawed because it will not be developed on a level of equality between the different interests at stake where what is called “the best interest of the minor” must always prevail. Furthermore, how can a judge determine the best interests of that child if he or she does not listen to it or does so through professionals who are not trained to do so?
#children #report
