The Invisible Child. A Comparative Study of Newborn Removal Judgments from a Child Equality Perspective (CEP)

Abstract

We know little about how children are portrayed in care order cases. Using a Child Equality Perspective (cep), which demands the child’s presence in proceedings even for children who are not capable of partaking fully in the decision-making process, we examine a sample of 216 judgments from 8 countries involving 220 infants. Our study reveals that the children remain largely invisible, but with clear country differences. Children’s invisibility constitutes a fundamental obstacle for children being “equal” in the judgments that will shape the child’s future. This invisibility raises concerns about the quality of the judicial decisions about the child’s best interest.