Haruv institute - Leading Principles in Trauma-Informed Child Representation

Nevertheless, participation is the child’s right (and not obligation) and, therefore, should be adapted to the wishes, needs, and abilities of each child. It is important to allow the child to choose if, how, and to what extent they wish to participate directly in the proceeding, according to the circumstances of the case and their personal characteristics. The ways in which children share and participate will vary according to the child’s chronological and developmental age. However, one can learn about children and what they need/want at any age. Some will participate through direct dialogue and some will tell us about their needs through their behavior (for additional information on this aspect, see the end of the document). A trauma-informed approach, which identifies displays of trauma and responds to them appropriately, can significantly change the relationship between the child and their lawyer as well as the child’s experience in the legal proceeding. When children feel that control over their lives is being restored and that they have the tools to cope with the situation, their feelings of helplessness may diminish. Improving children’s access to justice may create an opportunity for processes of growth and resilience development. The current document aims to highlight key principles in trauma informed child representation. It is crucial to apply them in all interactions taking place with and on behalf of the child. These principles have the power not only to support children in legal proceedings but also to promote their resilience, help them cope with their traumatic experiences, and promote their rights that their best interests are the paramount consideration in the decision-making process affecting their lives. Trauma-informed child representation takes into account the impact an encounter with an abused and traumatized child has on the lawyers themselves. Understanding these processes is very important in order to help the lawyer represent the child in the most professional manner (for more information on this topic, see the end of the document).

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