EL DERECHO A SER ESCUCHADO: EL CASO DE LA INFANCIA EN CONFLICTO CON LA NORMA / The right to be heard: The case of children in conflict with the standard

The Convention on the Rights of the Child transforms the child's image thus changing the paternalistic intervention pattern. A child is defined as a subject of law and rights whose opinion should be heard and taken into account when his/her maturity conditions so require. In fact, the child's right to be heard extends to any intervention that may affect him/her, including those actions imposed by juvenile justice. However, although the child's right to be heard is easily stated, its implementation is very complex and any form of malpractice can have dramatic consequences. Therefore, this paper is discussing the meaning of this right in the light of international standards, the broad complexity of its successful implementation, and their specificities in the context of juvenile justice. It will also underline the importance of a proper implementation, for it is linked to some issues of procedural and interpersonal justice, and especially for the sense of justice or injustice that young people can be encouraged with.