In a courtroom, a boy stands quietly as the charges are read aloud. He is asked if the facts are true. Hesitantly, he nods. The room is filled with so many adults; police officers in uniform, lawyers flipping through files, a magistrate behind a desk and witnesses. The space feels unfamiliar and congested. It doesn’t matter that some details are wrong for instance, key parts of the story missing and events out of order. He says yes, not out of guilt, but because everything in the room tells him to. He just wants it all to end. Correcting an adult in that setting feels so unthinkable!
Unfortunately, this is not an isolated incident. Across many juvenile justice systems, children are physically present in courtrooms but their voices are rarely heard. They are talked about, not talked to. Decisions are made in their presence, but with little of their input, as though their perspective holds little value.
Child participation is the right of every child to be heard and to have their views taken seriously in decisions that affect them. It is enshrined in Article 12 of the United Nations Convention on the Rights of the Child (UNCRC), which states that children capable of forming their own views have the right to express those views freely in all matters affecting them and that those views must be given due weight.
But this principle goes beyond legal obligation. It is rooted in dignity, respect, and a recognition that children, even those in conflict with the law, are active rights holders, not passive recipients of adult decisions.
When children are meaningfully involved in legal proceedings, they are more likely to understand and comply with outcomes. The risk of reoffending is reduced. Their sense of agency and responsibility is strengthened. The justice process itself becomes more fair, rehabilitative, and restorative.
Importantly, participation does not end in the courtroom. It continues post legal proceedings. When children are genuinely included, services become more responsive, more humane, and better adapted to their specific needs.
To ensure that child participation is not symbolic or superficial, the UN Committee on the Rights of the Child, through General Comment No. 12 (2009), outlined nine basic requirements that must be in place for participation to be meaningful.
Participation must be transparent and informative. Children need clear, child-friendly information about their rights, the process they are involved in, and how their views will be used. It must be voluntary. Children should never be forced to express themselves. Their choice to speak-or-not to must be respected.
It must also be respectful. Every child has a unique story, and their evolving capacities, background, and cultural identity must be acknowledged. They must be provided with opportunities to initiate ideas and activities. Participation must be relevant, ensuring that the issues being discussed are appropriate and meaningful to the child’s life and experience.
It must be child-friendly. The environment, language, and procedures must be adapted to the child’s age and understanding. Participation must also be inclusive, meaning children should not be excluded based on race, gender, disability, legal status, or background.
It must be supported by training, especially for adults working with children. Professionals need the knowledge and skills to engage children meaningfully and ethically. Participation must be safe and sensitive to risk. Safeguards must be in place to protect children from harm, retaliation, or emotional distress as a result of their involvement.
Finally, accountability. Children must be provided with clear feedback on how their participation has influenced any outcomes. They should be able to challenge these outcomes if they feel they have been misinterpreted.
When the system speaks but children can’t.
In practice, many of these principles are still far from being realized within Uganda’s juvenile justice system. While children may be physically present in court, the lack of child-friendly procedures and trained personnel often makes their participation decorative at best. Information about legal proceedings is rarely explained in a language children can understand or even according to their age and maturity. Participation is treated more as a formality than a right. Opportunities for feedback are nonexistent, and decisions are made on behalf of children rather than with them. Without deliberate investment in making these nine principles a lived reality, the justice system risks failing the very children it was meant to protect.
• Strengthening child participation requires more than good intentions or policies; it calls for system change. Some practical interventions include:
• Simplifying legal procedures and presenting them in child-friendly formats, so that children fully understand the processes they are part of
• Training judicial officers, police, probation officers, and legal practitioners on child communication and rights-based engagement
• Creating child-sensitive environments in courtrooms and police stations, where children feel safe, respected, and encouraged to speak
• Establishing feedback mechanisms such as post-trial interviews, feedback forms or anonymous surveys, to capture children’s experiences throughout the justice process
• Involving children in the design of court procedures, policies that shape juvenile justice systems.
• Involving children in the training of professionals who work with the children.
Children in conflict with the law are not problems to be solved, they are people to be heard. Upholding their right to participate is not just a legal obligation; it is a moral obligation that affirms their humanity and dignity. When we listen to children, when we take their views seriously, we begin to build a justice system that doesn’t just punish but protects, heals, and restores. True justice starts with a voice, and every child deserves theirs to be heard.
