Haruv institute - Leading Principles in Trauma-Informed Child Representation

Traumatic experiences shake the child’s natural sense of security, overwhelm them with a sense of helplessness, and paralyze their normal coping mechanisms. Traumatized children, and especially those facing legal proceedings, deal with uncertainty, loss of control, and other difficult feelings. In-depth knowledge of the effects of trauma on children in different situations and developmental stages is essential so that the child’s representative can present before the court the unique way in which the specific child experiences the world and act to adapt the decision-making process in their case accordingly. At the outset of this document, it is important to clarify that although it lays out the principles of trauma-informed representation, each response must be examined in relation to the child in question, considering the child’s age, mental state, level of understanding, and so forth. Children’s right to participate in decision-making processes affecting their lives is enshrined in the Convention on the Rights of the Child (art. 12). It requires providing children with child-friendly information about the legal proceeding, listening to children’s feelings and opinions, giving weight to their wishes and requests when making decisions, as well as providing feedback on the ongoing legal process. Children also have the right that decisions made in their case are consistent with their best interests. Although the “best interests of the child” is sometimes perceived as a controversial or ambiguous concept, the currently accepted interpretation is that it is a distinctive right, as well as an overarching principle and a procedural right. Therefore, fulfilling the best interests of the child in legal proceedings requires not only the effective participation of children but also other aspects of the right to access justice (the ability to present evidence, question witnesses, appeal, and be represented). It is also crucial that the court is presented with the child’s worldview, and not only their declared wishes or standpoints, and that both aspects be given a central role in the proceedings and the decisions made.

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