Barnahus standards in the light of the <scp>UN</scp> Convention on the Rights of the Child

Abstract The connection between the Icelandic Barnahus model and the United Nations Convention on the Rights of the Child (Convention), adopted in New York on November 20, 1989, is both significant and multifaceted. The Barnahus model, now widely adopted in numerous countries, represents an integrated approach tailored to address the needs of abused children and child witnesses of violent crimes (Under the federal Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5106 g, child abuse is defined as any recent act or deliberate failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm. Child neglect, by contrast, refers to the chronic or severe failure of a parent or caretaker to provide for a child's basic physical, educational, medical, or emotional needs. See also Black's Law Dictionary, 11th ed. (2019), svv. abuse, neglect. State statutes may adopt broader or narrower formulations, but the two concepts remain legally distinct.). This model aligns closely with the Convention, which guarantees fundamental rights to children. Both the Barnahus model and the Convention (Article 3) prioritize the best interests of the child. The Convention guarantees children's protection from violence, abuse, and neglect (Article 19). Barnahus addresses abuse (affirmative harm) and neglect (failures of care) through distinct, child‐centered responses. Article 13 of the Convention affirms children's right to freely express their views on matters affecting them, which the Barnahus model ensures through age‐appropriate interviews and assessments (Article 12). Additionally, the model strengthens access to justice (Articles 3.1 and 40) by providing integrated services, including legal aid and support during criminal proceedings. In summary, the Barnahus model serves as a practical embodiment of the convention's principles, prioritizing children's rights and well‐being while offering a cohesive approach to their protection. This study examines the Barnahus model in relation to key provisions of the convention, with a focus on the model's established standards.

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Publication Details

Journal
Juvenile and Family Court Journal
Published
2025-09-18
DOI
https://doi.org/10.1111/jfcj.70017
Primary Topic
Child and Adolescent Health
Type
article
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article

Barnahus standards in the light of the UN Convention on the Rights of the Child

Csongor Herke, Barbara Katalin Herke-Fábos, Farshad Mohamadi
Juvenile and Family Court Journal
Child and Adolescent Health
article

Barnahus standards in the light of the UN Convention on the Rights of the Child

Csongor Herke, Barbara Katalin Herke-Fábos, Farshad Mohamadi
article en

Abstract

Abstract The connection between the Icelandic Barnahus model and the United Nations Convention on the Rights of the Child (Convention), adopted in New York on November 20, 1989, is both significant and multifaceted. The Barnahus model, now widely adopted in numerous countries, represents an integrated approach tailored to address the needs of abused children and child witnesses of violent crimes (Under the federal Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5106 g, child abuse is defined as any recent act or deliberate failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm. Child neglect, by contrast, refers to the chronic or severe failure of a parent or caretaker to provide for a child's basic physical, educational, medical, or emotional needs. See also Black's Law Dictionary, 11th ed. (2019), svv. abuse, neglect. State statutes may adopt broader or narrower formulations, but the two concepts remain legally distinct.). This model aligns closely with the Convention, which guarantees fundamental rights to children. Both the Barnahus model and the Convention (Article 3) prioritize the best interests of the child. The Convention guarantees children's protection from violence, abuse, and neglect (Article 19). Barnahus addresses abuse (affirmative harm) and neglect (failures of care) through distinct, child‐centered responses. Article 13 of the Convention affirms children's right to freely express their views on matters affecting them, which the Barnahus model ensures through age‐appropriate interviews and assessments (Article 12). Additionally, the model strengthens access to justice (Articles 3.1 and 40) by providing integrated services, including legal aid and support during criminal proceedings. In summary, the Barnahus model serves as a practical embodiment of the convention's principles, prioritizing children's rights and well‐being while offering a cohesive approach to their protection. This study examines the Barnahus model in relation to key provisions of the convention, with a focus on the model's established standards.

Juvenile and Family Court JournalVol. 76(4)
University of Pecs (HU)
Openalex Percentile: Top 60%
Child and Adolescent Health
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