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20 Nigerian L.J. 364 (2017)
Children's Participation Right in the Changing Faces of Family Laws

handle is hein.journals/nlj20 and id is 373 raw text is: Children's Participation Right in the Changing Faces of Family Law Hadiza 0. Okunrobo' Abstract The issue as to whether children are holders of rights has been a subject of great debate by scholars in sociology and law. These debates relate to whether children only have an interest which should be protected or a choice which can be exercised as right holders. The choice of exercising this interest is inherent in the child's right to participation which entails a right to express a view especially in areas of decision making relating to custody and medical treatment. This paper identifies three eras in the metamorphosis of this right namely: the eras of paternalism, child protection and civil rights movement. These normative focus in these periods shifted from institution-centred to individual ascription of rights. Presently, even though issues of child welfare are engaged on the platform of rights, there is controversy as to whether a child should participate in decisions concerning his custody and medical treatment. This paper argues that, adopting a right based approach which recognises the evolving competence of the child and allows the involvement of children in decision making in these respects accords with international human rights practices. 1. Introduction Over the last years, children's rights have acquired an evolving, yet discrete, core of its own. This focus reflects and influences societal views of what constitutes childhood, and at what point a child acquires a status to be ascribed with autonomous rights. Nevertheless, some of the debates that have evolved over time surrounded the dichotomy drawn between the concept of childhood and adulthood to create legal obligations which had * LL.B, LL.M, Department of Public Law, Faculty of Law, University of Benin, Benin City Nigeria. email:hadiza.okunrobo@uniben.edu

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