Practical challenges in applying Article 12 of the Convention on the Rights of the Child in judicial proceedings in North Macedonia

The Convention on the Rights of the Child has significantly contributed
to strengthening the procedural status of children in judicial and administrative
proceedings affecting them. This development calls for an examination
of the way children are heard in divorce proceedings and of whether
the applicable procedures comply with the principle of the best interests of the
child. This paper analyses the model applied in the Republic of North Macedonia
under the Family Law and identifies shortcomings in the existing legal
framework. Methodologically, the study combines a doctrinal analysis of the
Convention, the Committee’s General Comments, and the relevant Macedonian
family and civil-procedure legislation with an examination of selected domestic
judicial decisions. It further applies a functional comparative method
to selected European legal systems, assessing them according to whether the
hearing is guaranteed as a right, whether fixed age thresholds or individual
assessments of the child’s capacity are applied, whether the child is heard directly
or indirectly, and whether the competent authority is required to explain
the weight accorded to the child’s views. On this basis, the paper identifies
regulatory and practical gaps and formulates de lege ferenda proposals
aimed at introducing clearer and child-sensitive procedural safeguards. The
proposed reforms seek to ensure more consistent implementation of Article
12 of the Convention, strengthen the effective participation of children in divorce
proceedings, and enhance legal certainty for the child.
Keywords: 12 of the Convention on the Rights of the Child; right of the child
to be heard; best interests of the child; divorce proceedings; Macedonian family
law.