Findings in modern medical science demonstrate that injustice and fear are inscribed upon the body. Conversely, trust and justice serve as the cornerstones of health and healthy longevity. Thus, human rights are not merely a political principle but a biological necessity.
The legal reality cannot remain unaffected by medical findings. The complex web of family disputes generates intense emotions for the child. We are entering an era where legal professionals must recognize scientific data beyond mere legal statutes. Managing family disputes requires skills such as active listening, empathy, patience, resilience, and a clear perspective on the issues entrusted to us.
The Role of the Legal Professional
These skills are essential tools for a lawyer, whether seeking a judicial or an extrajudicial resolution. Furthermore, they are decisive assets for approaching the child with safety throughout all stages of the divorce process.
Under the current wording of the Civil Code, parents are encouraged to cultivate a spirit of cooperation and seek solutions before resorting to court, as dictated by the best interests of the child. Within this framework, Family Mediation has been integrated into the legal reality under specific conditions.
Mediation and the Child’s Voice
Although Law 4640/2019 does not explicitly provide for the child’s participation or hearing during mediation, such procedures should only be conducted by mediators with extensive training and accreditation. The goal is for the child to benefit from, rather than be harmed by, the process.
If the child wishes or requests it—and with parental consent—they may meet with a mediator or a mental health professional to express their feelings, fears, and concerns regarding the impact of the divorce. It is emphasized to the child that this opportunity is provided so they may be heard and receive the answers or information they need. This constitutes a form of care within a difficult process.
The Right to be Heard and International Standards
Today, there is an encouraging trend toward recognizing the child’s right to be heard during mediation. Great care is required to ensure children are:
- Protected from misguided adult actions.
- Not exposed to situations beyond their psychological capacity.
- Not forced to assume undue responsibilities.
- Not subjected to emotional exploitation.
Article 12 of the UN Convention on the Rights of the Child (UNCRC) states:
“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, children must be provided the opportunity to be heard in any judicial or administrative proceedings affecting them, either directly or through a representative.
Conclusion
Modern legal reality, combined with scientific findings and the professional integrity of legal practitioners, is now clearly oriented toward placing the child’s needs at the center of the process. Throughout any procedure, establishing a sense of safety and trust must always aim for the best interests of the child.
