Academic Professor George Chrousos, President of the Hellenic Pasteur Institute, states:
“From a scientific perspective, we know that injustice and fear are inscribed upon the body. Chronic stress erodes a person, not only psychologically but also biologically. Conversely, trust, justice, and a sense of meaning in our lives are the cornerstones of health and healthy longevity. Thus, human rights are not merely a political principle; they are a biological necessity.”
Article 12 of the UN Convention on the Rights of the Child (UNCRC)
Article 12 defines the following: States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Legal Evolution and Institutional Contribution
By enshrining the child’s right to express their opinion, Article 12 serves as a pivotal contribution to the institutional framework of children’s rights. It represents the practical manifestation of legal evolution, established upon two pillars:
- A General Obligation: The state’s duty to guarantee that the child’s views are taken into account in all matters affecting them.
- Specialized Procedures: The specific principles and processes through which the child’s voice is heard.
Age, Maturity, and the Best Interests of the Child
This regulation does not aim to treat children as adults, nor does it seek to replace adult decision-making. Instead, it ensures that states and institutions adopt procedures and practices that are accessible to children.
Furthermore, a child’s capacity to express their views is not limited to verbal communication but extends to other forms of expression, such as body language, drawing, or other activities, with specific care given to children who face difficulties in communication.
The weight given to the child’s opinion is evaluated through two cumulative criteria: age and maturity. These factors are binding in assessing the significance of the child’s views. In this sense, the second paragraph of Article 12 acts as a balancing mechanism against an “unstructured autonomy,” serving as a bridge to the principle of the “Best Interests of the Child” (Article 3, para. 1), which emphasizes protection.
Conclusion
It is evident that legal texts are evolving, and childhood is increasingly valued with the aim of expanding the scope of protection. This synergy between law and science ensures that the legal reality remains human-centered and biologically informed.
