In Switzerland, the law relating to children in judicial proceedings is based on the Convention on the Rights of the Child, as well as the Swiss Code of Civil Procedure and the Civil Code. One of the most important rights is the right to be heard by the court and the right to appoint a legal advisor for the child. Court jurisprudence indicates, first of all, ensuring the rights of the child, taking into account his or her best interests. Listening to the child, the right to contact with the parent or to refuse such contact, the granting of custody and parental authority or its deprivation are some of the most important issues discussed in the case law.
In this expert opinion, the Professor points out the activities related to the competences of a child’s legal advisor, and also presents postulates for the Polish legislator.