Legal Rights Of Children From 12 Years Old – Being Parents
Children’s legal rights depend on their age and often their maturity. As they grow older, children and adolescents acquire certain legally recognized rights. Access to legal rights begins at the age of 12.
These rights are mainly linked to aspects which significantly affect the life of minors. Judges, for example, have an obligation to take into account the opinions of young people aged 12 and over when making their decisions in judicial custody processes. From the age of 12, adolescents also have the right to be informed of certain health procedures concerning them.
One can wonder from what age is it possible to legally leave a child alone at home without any sanction being applied for the parents in the event of unforeseen circumstances.
In this article, you will learn about some aspects of the legal rights of children from the age of 12.
The opinion of the minor in the custody process
One of the first legal rights a child has is the right to give his opinion in legal proceedings concerning his custody. In the event of his parents’ divorce, he has the right to give his opinion on the attribution of custody rights.
In this situation, the Supreme Court in fact determined the need to listen to minor children, from the age of 12. They are then involved and called upon in all the procedures associated with custody.
The judge is obliged to grant this right and the child cannot waive it. When making his decision on the allocation of custody, the regime of visits and other practical aspects associated with the care of the minor following the divorce of his parents, the judge will take into account many aspects.
The welfare of the minor is the most important aspect in this case. The judge will then have to listen to the minor and consider his opinion and testimony in addition to other evidence and arguments he may have gathered. In any case, the will of the minor is not necessarily decisive. On the other hand, his testimony is essential.
From what age can a minor be left alone?
In France, the law does not set a minimum age to be reached to leave a child alone. However, the Civil Code takes into consideration the powerlessness of children and, in the event of a problem, parents can be punished with a prison sentence or even loss of custody of their child. By leaving children alone at home, some families have experienced great fear and even sometimes tragedy.
Experts therefore recommend helping children to acquire responsibilities as they grow up and according to their maturity. The most suitable age group to start leaving children alone at home is between 9 and 12 years old. But everyone is different, and parents should definitely follow common sense guidelines.
Legal rights of children from 12 years of age in matters of health
The principle of autonomy and vulnerability in health law stipulates the right of patients to be informed and to make decisions about health matters. Minors do not have the legal capacity to make such decisions before the age of 16. It is then the parents who decide for them.
However, from 12 years old, minors have every right to be informed (always respecting their level of maturity). In this case, it is essential that the child understands the process and accepts it, although he is not in the capacity to decide anything.
What is the state of play in terms of children’s legal rights in other countries?
In Finland, one of the most advanced countries in terms of education and children’s rights, the rights of children from the age of 12 are relatively clear. Their first and last names, for example, cannot be changed without their consent. You cannot force a child aged 12 and over to join any religious community either.
Minors aged 12 and over whose parents are separated can completely refuse the visitation rights of one of them. You cannot adopt a child over 12 years old without their consent. Finally, if there are problems within the home, the child can apply for external custody on his own.
