Children's Voice and Justice: Lawyering for Children in the 21st Century

52 Pages Posted: 17 Feb 2006

See all articles by Annette Ruth Appell

Annette Ruth Appell

Washington University in St. Louis - School of Law

Abstract

This paper was one of the opening papers for a working conference at William S. Boyd School of Law, UNLV, in January 2006, "Representing Children in Families: Children's Advocacy & Justice Ten Years After Fordham." The conference was a reflection on and continuation of the Conference on Ethical Issues in the Legal Representation of Children. This paper introduces the project and establishes a framework for the exploration of the relationships between children's advocacy and justice. The paper is built on two premises: children's lawyers want to help children; and the natural dominance and myopia of lawyers is exacerbated when representing children in ways that can easily mask children's disparate identities and needs. The paper asserts that because children are not able to direct their lawyers as forcefully or coherently as adults, lawyers for children should exercise extra care and strategies to ascertain children's needs and wishes, such as viewing children through multiple lenses (not just "developmental" and legal) and engaging children's families and communities in our work. The paper presents three conceptual approaches for child advocacy and justice: procedural, legal and social. It then explores a manner of advocacy that might amplify the voice of children (and families and communities) both in legal proceedings to which children are parties and in defining justice.

Keywords: children, families, lawyering, justice, advocacy, community, bias

Suggested Citation

Appell, Annette Ruth, Children's Voice and Justice: Lawyering for Children in the 21st Century. Nevada Law Journal, Vol. 6, No. 3, 2006. Available at SSRN: https://ssrn.com/abstract=883569

Annette Ruth Appell (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
1 Brookings Drive
St. Louis, MO 63130
United States
314-935-7912 (Phone)

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