ABSTRACT
This chapter outlines the key aspects of the right of the child to be heard: the right to a hearing, the conduct of the hearing and the evaluation of the childs views. The constructive emancipation of the minor is objectionable for reasons that are discussed in, while conflating the role of representative and legal representative betrays an unfortunate lack of understanding of the distinct roles of and right to both. It specifies that the representative shall perform his or her duties in accordance with the principle of the best interests of the child and shall have the necessary expertise to that end. The chapter devotes an exploration of the meaning of this right, its implications in the asylum context and whether or not the relevant provisions of the key Common European Asylum System (CEAS) instrument in this regard, the APD and its recast, are consistent with the right to be heard.
