The Hearing of the Child in ECtHR Case Law
| Jurisdiction | European Union |
| Year | 2024 |
Speaker
Dr. Joanna Guttzeit is an accomplished judge, holding degrees from the European University Viadrina and Adam-Mickiewicz-University. She earned her Ph.D. from Ruprecht-Karls-University, focusing on European law.
Initially practicing in international law firms across Cologne, Brussels, and London, she specialized in European and International Competition Law before transitioning to the judiciary in 2009. Dr. Guttzeit's tenure includes serving in Cologne and a secondment to the European Court of Human Rights' Research Division. Currently, she presides over international cases at the Pankow Family Court in Berlin and serves on the Court of Appeal.
Beyond her judicial duties, Dr. Guttzeit is a Network Judge in the International Hague Network and the European Judicial Network, highlighting her dedication to international legal collaboration.
Topic
The presentation emphasizes the significance of hearing a child's perspective in judicial decisions, highlighting various legal provisions that underscore this importance. These include Art. 13(2) of the 1980 Hague Child Abduction Convention and Art. 24(1) of the EU Charter of Fundamental Rights, among others. Dr. Guttzeit discussed the procedural rights of children in legal proceedings and the international consensus on ensuring child-friendly justice.
She also examined the Brussels IIa and IIb Regulations, which address the hearing of children in cross-border cases. Dr. Guttzeit provided insights into national regulations concerning the minimum age requirements for hearing children's rights in the EU.
Furthermore, she analyzed specific ECtHR cases, such as the Case of Pacheco Castelo v. Portugal and the Case of Sioud v. Germany, highlighting violations of Article 8 (Respect for family life) due to insufficient consideration of the child's voice in the decision-making process. Dr. Guttzeit concluded by emphasizing the need for judges to apply new autonomous standards, refrain from overlooking the child's perspective, and ensure a fair and inclusive decision-making process in cross-border proceedings.
Related documents
Charter of Fundamental Rights of the European Union
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