Children’s participation: A new role for children in the field of child maltreatment

Child Abuse & Neglect xxx (xxxx) xxxx

Contents lists available at ScienceDirect

Child Abuse & Neglect journal homepage: www.elsevier.com/locate/chiabuneg

Children’s participation: A new role for children in the field of child maltreatment Hanita Koshera, Asher Ben-Ariehb,* a b

Paul Baerwald School of Social Work and Social Welfareat the Hebrew University of Jerusalem, Israel Hebrew University of Jerusalem and the Director of the Haruv Institutem, Israel

ARTICLE INFO

ABSTRACT

Keywords: Child abuse and neglect Child maltreatment Protection Prevention Participation Agency Children’s rights

The common image of children as vulnerable and needing protection has been destabilized over the past decades. The ratification of the United Nations Convention on the Rights of Children (CRC) has promoted the concepts of children’s rights and of children as active citizens who can make decisions about their best interests. Although the CRC encompasses the three P’s approach: participation, protection and provision, questions remain as to the interactions of these rights, especially how they can supplement each other and contribute to better well-being for children. This interaction is especially relevant in cases of children in vulnerable situations, such as maltreatment. Over the years the professional discourse on child maltreatment has been focused mostly on protection and provision. Here we discuss the interaction between protection of maltreated children and their participation. Five aspects of child participation in the field of child maltreatment will be presented: children's participation in the definition of child maltreatment phenomena; children's participation in measuring the prevalence of child maltreatment; children's participation in clinical assessments; children's participation in in the decision-making process in child protection system; and children's participation in the efforts to prevent child maltreatment.

1. Introduction Societal concern with children’s welfare and their protection is not new. The image of children as vulnerable, weak and in need of protection was the basis for establishing poverty laws and orphanages centuries ago. Yet, recent years have seen a change, with the rise of the concept of children’s rights and the acceptance of children, not only as needing protection, but also as active participants, in fact, citizens in society (Ben-Arieh, Casas, Frønes, & Korbin, 2014). This last 30 years of growth in the importance of children's rights can be mostly attributed to the ratification of the United Nations Convention on the Rights of Children from 1989 (CRC), a comprehensive treaty that was a significant milestone in the global promotion of children's rights (Kilkelly, 2017). One of the many important features of the CRC is that it encompasses the three P’s approach – “Participation, Protection and Provision”. However, most of the professional and academic discourse has so far dealt only with protection and provision (Heimer, Näsman, & Palme, 2018). The CRC can also be viewed through the lens of nurturance rights (social and economic rights) and selfdetermination and participation rights. That is, beyond emphasizing the right of the child to be protected from violence and abuse, and the right for proper growth and development, the CRC highlights the right of the child to be an individual with an opinion and power to act, and with a voice in matters that affect and concern her/him (Alaimo, 2002; Fiorvanti & Brassard, 2014). In other words,

⁎

Corresponding author. E-mail address: [email protected] (A. Ben-Arieh).

https://doi.org/10.1016/j.chiabu.2020.104429 Received 8 August 2019; Received in revised form 22 January 2020; Accepted 13 February 2020 0145-2134/ © 2020 Elsevier Ltd. All rights reserved.

Please cite this article as: Hanita Kosher and Asher Ben-Arieh, Child Abuse & Neglect, https://doi.org/10.1016/j.chiabu.2020.104429

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

while the CRC acknowledges children's vulnerabilities and their more traditional protection and provision rights, it also promotes children as active citizens who have agency and can make decisions about their best interests (Ensor & Reinke, 2014). This raises questions about the interactions among the protection, provision and participation rights, especially how they can complement and supplement each other and contribute to a better well-being for children. This interaction is especially relevant to children in vulnerable situations, e.g., children threatened by or suffering from maltreatment. When considering the rights of maltreated children, attention naturally focuses more on protection rights and less on self-determination and participation rights. Seldom has the issue been examined using the assumption that, not only should self-determination rights of maltreated children be considered, but also the implementation of participation rights could help identify, prevent and overcome the effects of abuse and neglect. This paper examines the interaction between protection and participation of maltreated children. Not only do we argue that maltreated children are entitled to participation rights, but also that the implementation of such rights fosters better protection. 2. Child maltreatment (definition, prevalence and consequences) Child maltreatment, as we know it today and study its prevalence and consequences, is a phenomenon defined by adults based on clinical observations and research. Professionals and the general adult population evaluated the dire consequences of maltreatment on children and normatively defined which actions should be considered maltreatment, the contributing factors and causes, the scope and prevalence, the impact, and the interventions to be applied. Children’s perspectives, if at all considered, were based on the adults’ memories of their own childhood. As a consequence of the adults’ perspective, the definition of maltreatment was heavily influenced by a developmental perspective and the dire consequences for adult life of being maltreated as a child (e.g., Cicchetti & Manly, 2001; Herrenkohl, 2005). We argue here that through children participation, children's perspectives should also be included in definitional considerations, not as a replacement for adult perspectives but to complement them. Children differ from adults in their definition of what constitutes abusive behavior, especially in the degree of harm. For example, shouting is experienced by children as much more abusive than by adults (Handelsman, 2017), as is invasion of privacy (Hawk, Keijsers, Hale, & Meeus, 2009). Although studies of the child’s perspective are still extremely rare, their numbers are growing, and they provide significant support for the need for child participation. Note that the call to include the children's perspectives in defining child maltreatment should not be seen as a prerequisite for studying its prevalence. There is ample evidence that child maltreatment is a global public-health epidemic (Al Midfa et al., 2019; Millett, 2019; Reading et al., 2009) with a devastating impact on the victims’ physical and mental health, well-being and development throughout their lives – and, by extension, with a devastating effect on society in general (World Health Organization [WHO], 2006). According to the WHO, around one billion children worldwide experienced some type of maltreatment in the last year and approximately 41,000 children under the age of 15 died as a result of homicide while the total for deaths from maltreatment is recognized as under-reported. Approximately 25 % of adults surveyed report having been physically abused as children. One in 5 women and one in 13 men report having been sexually abused as a child (World Health Organization WHO, 2006). According to UNICEF (2017) around 300 million children worldwide (aged 2–4 years) have experienced corporal punishment and maltreatment by their caregivers on daily basis, and around 250 million have suffered specifically from physical abuse. These are the official numbers and have been reported by adults, the real numbers are certainly higher (Al Midfa et al., 2019). The consequences of maltreatment are diverse and may affect victims throughout their life as psychological and behavioral problems and somatic disorders. Child maltreatment, including neglect, physical, sexual and psychological (i.e., emotional and cognitive) abuse, is a risk factor for a myriad of negative health and social outcomes in childhood, adolescence, and adulthood (Kim, Wildeman, Jonson-Reid, & Drake, 2017). Maltreatment during childhood is associated with risk-taking behaviors later in life (i.e., violent victimization, depression, smoking, obesity, high-risk sexual behaviors, unintended pregnancy, and alcohol and drug use). Such risk factors and behaviors can lead to some of the principal causes of death, disease and disability – such as heart disease, sexually transmitted diseases, cancer and suicide (World Health Organization WHO, 2006). In addition to these individual consequences, maltreatment is a heavy financial burden for society (Witt, Brown, Plener, Brähler, & Fegert, 2017). To sum up, child maltreatment as we know it today is an adult-defined phenomenon which could be better understood and prevented were the children's perspective included. Child maltreatment is a social epidemic harming children’s lives, their development and their later adult life with dire consequences not only for the individual but also for his/her family and society at large. 3. Children’s rights (history, types, implementation) The concept of children’s rights emerged only in the 19th and 20th centuries. Before that, children were considered the personal property or extensions of their parents (especially the father), having few or even no legal rights (Alaimo, 2002; DeMause, 1974; Stearns, 2017). During the 19th century a significant change occurred with the conceptualization of childhood as a distinct and vulnerable period of life (Verhellen, 2015). Scholars argue that the new status of children was the consequence of the industrial revolution, when severe exploitation of working children led to a collective concern for children’s welfare. It also led to the promotion of nurturance rights for children, including new limitations on child labour and the establishment of universal free education (Alaimo, 2002; Hart, 1992). The concept of children's right to protection from maltreatment in the family also emerged in this period. Maltreatment by parents started to be challenged and subjected to intense scrutiny by private philanthropies and increasingly by government authorities. In 1889 both France and Great Britain passed laws against child endangerment, including that caused by the parents (Alaimo, 2002). 2

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

This breakthrough was still based on a view of children either as passive, weak and vulnerable creatures primarily in need of protection or as unruly and threatening and therefore in need of control (Hallett & Prout, 2003). Safeguarding and protecting children gave rise to a dependent childhood, highly regulated by adult guardians and characterized by children's loss of autonomous action. Although these policies were important for saving children, they deprived them of the rights of self-determination (Kosher & BenArieh, 2017). The late twentieth century brought the next noticeable change in thinking on children's rights, with the emergence of a more liberal view of children's autonomy (Alaimo, 2002). Now the right to participation was added to the previous concern for the right to protection and provision of care. This led to an increasing awareness of children’s right to self-determination and to a global move toward increasing children's participation in decisions affecting their lives (Cherney & Shing, 2008; Lansdown, Jimerson, & Shahroozi, 2014; Ruck & Horn, 2008). Contemporary literature on children’s rights identifies several categories and typologies. Kosher and Ben-Arieh (2017) describe three typologies of children's rights based on the CRC. The first is the four general principles identified by the Committee for the Rights of the Child: nondiscrimination (Art. 2), the best interests of the child (Art. 3), the right to life, survival, and development (Art. 6), and participation rights (Art. 12). A second typology is known as the “three Ps”: provision, protection, and participation (Troope, 1996), and the third typology differentiates between rights to nurturance and self-determination (Ruck & Horn, 2008). In general, rights to nurturance entail provision and protection (e.g., right to safety or education). In contrast, rights to selfdetermination focus on children’s right to have some influence or a measure of control over their own lives (Ruck & Horn, 2008). Nurturance rights are based on the paternalistic assumption that society, the state, or parents should be the ones ascertaining what is in the best interest of the child, while self-determination rights are based on the child’s perspectives about what is in his/her best interest (Archard, 1993; Cherney & Shing, 2008; Rogers & Wrightsman, 1978). While rights to nurturance enjoy wide support, rights to self-determination are more controversial (Peterson-Badali & Ruck, 2008). Here we explore the potential of participation rights in the area of child maltreatment and the interactions between child participation and better protection of children. Participation in the CRC is an overall principle, which refers to a set of civil rights and freedoms: the freedom of expression (Art. 13), the freedom of thought, conscience, and religion (Art. 14), the freedom of association and peaceful assembly (article 15), the right to privacy (Art. 16), and access to mass media (Art. 17). Children's right to participation is also an independent right, as expressed in Article 12 of the CRC, which states that every child who is capable of forming his or her own views should have the right to express these views freely in all matters affecting them, and these views should be given due weight in accordance with the child's age and maturity (Melton, 2006). The article further states that children should be given the opportunity to be heard in any judicial and administrative proceedings affecting them (Henaghan, 2017). Hart (1992) argued that the goal of children's participation is not that children always participate fully, but that every child should have the opportunity to choose the fullest level of participation matching his or her capacities. Children's right to participation is a unique right as it recognizes that, although children are dependent on their parents and other adults, they are nevertheless entitled to be respected as human beings with rights, and to be involved in decisions affecting them (Lansdown et al., 2014). 4. Children’s participation rights and child maltreatment The few studies on child participation in the field of child maltreatment mainly deal with children's right to participate in the child protection system. While we salute this focus, we argue for a broader vision of child participation in this field. Based on the background described above, it is clear that the child participation cannot be limited to hearing only maltreated children but should also incorporate the participation of the general child population. Similarly, child participation should be exercised in regard to the whole spectrum of society interventions dealing with child maltreatment, i.e., prevention, identification and treatment. We argue for the following positive consequences of child participation. 4.1. A better definition of maltreatment based on what children think The definition of child maltreatment is central to any effort to prevent maltreatment and to identify and treat maltreated children. Recent years have witnessed progress in the operationalization of child maltreatment, and the emergence of methods of operationalizing individual dimensions of maltreatment (e.g., type, severity/ magnitude, chronicity, age at first report, and frequency) (English, Graham, Litrownik, Everson, & Bangdiwala, 2005). Definitions range from focusing on the acts and harm caused to children by parents or caregivers to defining abuse relative to the social and cultural environment. Regardless, maltreatment is defined mainly in terms of physical, emotional (i.e., psychological), and sexual violence, or neglect perpetrated by individual adults, usually parents or those close to the child (Reading et al., 2009). All these definitions are from an adult perspective. Children, as potential victims, and the children who are actual victims, generally, have not been perceived as significant sources of knowledge about this phenomenon and, therefore, were excluded from the discourse. In many ways this parallels the unacceptable situation in which only males define what constitutes abuse of women, or the violence against women is approached only through the eyes of battered women and not through a broader gender perspective. We argue similarly that any definition of child maltreatment is insufficient without incorporating the views of both child victims and the wider population of children in order to achieve a broader generational perspective. Maltreatment is challenging to operationalize (Manly, 2005). The range of maltreatment incidents that children experience is wide and varies along multiple dimensions. Yet, only the voice of the perpetrator group – the adults - has been heard. It is crucial to include all children’s voices to understand when they think maltreatment occurs and how they perceive situations of violence. 3

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

4.2. A better understanding of the prevalence of child maltreatment Studying the prevalence of any epidemic is challenging, but it is even more challenging to study the prevalence of an illegal phenomenon, especially one occurring behind closed doors and in many cases in the “sacred” family unit. Also, many incidents of abuse and neglect are never admitted or reported (Cicchetti & Carlson, 1989; MacMillan, Jamieson, & Walsh, 2003). Child victims of maltreatment who are exposed to the welfare services are the "tip of the iceberg" of the phenomenon (Fallon et al., 2010). Added to this state of inadequacy are the use of adults reporting in proxy for children and the findings of memory studies where grown-ups report on their childhood, both of which complicate our understating of this phenomenon, significantly hindering our ability to really capture its prevalence. Surveillance data of child maltreatment can be obtained by several methods: professional survey methodology, extraction of administrative data and utilizing official child protective services, records and victim population surveys (Witt et al., 2017). Surveys among children are the least frequently used method, most population surveys are directed towards adult survivors of child maltreatment. Not only are the adult participants’ responses afflicted by memory biases, these retrospective studies also provide rates of maltreatment that apply to the past, often at least a decade ago. Self-reports of children, on the other hand, provide a more current view of the scope of the problem (Jud, Fegert, & Finkelhor, 2016). The nature of children's involvement in research has been changing (Powell & Smith, 2009). Children have progressed from being merely the object of the study, or "background actors", to being the subject of the study in the role of "main actors", where their insights and experiences are the core interest of the researchers (Ben-Arieh & Kosher, in press). Children should be the sources of information about their lives including maltreatment (Soffer & Ben-Arieh, 2014), with the focus on studying children through their perspectives rather than objective examination of child condition variables (Ben-Arieh et al., 2014; James & Christensen, 2000). Thus, today researchers seek to understand the living experience of children, and are motivated to discover more about how children understand, interpret, negotiate and feel about their daily lives (Greene & Hill, 2005). The increased emphasis on children's involvement and participation in research can be attributed mainly to the normativelegislative perspective (recognition of children’s rights), particularly to respect for children's right to participate in processes involving decisions about their lives (Alderson, 2001). 4.3. Better clinical assessments Children are often clinically assessed by adult professionals. Although the professionals may speak with the children, they rarely listen to them. In fact, we frequently tended to think that, especially with young children, it might be even better not to talk with them at all (Lieberman & Van Horn, 2008; Osofsky & Lieberman, 2011). Today we know better. First, we know that to understand children's trauma we need to speak with them (David & Schiff, 2017). Listening to the child produces a much better clinical assessment. This change in approach is very similar to the process undergone by the medical profession when it was realized that listening to patients not only makes the patients feel more satisfied but also contributes to a better analysis. Similarly, we argue that empowering children to participate in their clinical assessment process will lead to a better analysis that will then contribute to better treatment and improved recovery. 4.4. Empowerment of maltreated children through listening to them A core component of maltreated children's right to participation is children's participation in the child protection system in decision-making processes which impact their lives. Indeed, over the years, this right to participation has received special recognition in the child welfare arena (Bouma, López, Knorth, & Grietens, 2018; Cossar, Brandon, & Jordan, 2016). Nevertheless, this approach is far from being fully implemented, and when it is implemented, it is usually interpreted very narrowly. Two extensive reviews by van Bijleveld, Dedding, and Bunders-Aelen (2015) and Vis, Strandbu, Holtan, and Thomas (2011), the latter reviewing major health and social work data based on publications from 1999 to 2009, found, firstly, that children's participation in child protection promotes their well-being; participation can be protective for vulnerable children, leading to increased confidence, self-efficacy, self-worth, self-esteem (Cossar et al., 2016; Limber & Kaufman, 2002; Vis et al., 2011) and an increased sense of mastery and control (Bell, 2002; Leeson, 2007; Mcleod, 2007). Participation of children also plays an important role in the healing process (Schofield & Thoburn, 1996). When children are able to participate, there are positive effects on their mental wellbeing and sense of safety (Vis et al., 2011). Cashmore (2002) maintains that participation of children in child protection is an important learning experience for them, preparing them for their transition to adulthood. In contrast, not involving maltreated children may compound feelings of powerless (Bell, 2002). Secondly, children's participation in the decision-making process in care and protection cases has an instrumental value in facilitating better outcomes and contributing to the success of interventions (Cashmore, 2002; Vis et al., 2011). Their participation makes the interventions more responsive to their wishes and expectations, thus promoting the effectiveness of the intervention (Archard & Skivenes, 2009; Barnes, 2012) and leading to more accurate decisions and improved outcomes for the children's protection (Barnes, 2012; Bessell, 2011; Križ & Roundtree-Swain, 2017; Mcleod, 2007; Schofield & Beek, 2005; Woolfson, Heffernan, Paul, & Brown, 2010). Henaghan (2017) argues that if children are to be affected by a decision, the more that is understood about the children’s views and positions, the better the decision is likely to be, including being more inclusive and responsive to explicit and stated needs (Sinclair & Franklin, 2000). Decisions made in this more enlightened manner, thus, have the potential to increase the efficacy of protective services, making service delivery more strongly based on what children state they need (child-centered), as 4

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

opposed to what adults think children need (adult-centered). This approach is supported by the finding that participation of children during decision-making processes involving their out-of-home placement contributed to the acceptance of placement decisions and to the stability of placements (Cashmore, 2002). Križ and Roundtree-Swain (2017) also found that participation of children can lead to better and positive outcomes. Barnes (2012), Mcleod (2007) and Schofield and Beek (2005) all note that listening to and informing children guarantees that protection plans have more positive and effective results. Thirdly, developing participatory practice may help children and young people protect themselves against further abuse (Sanders & Mace, 2006; Vis, Holtan, & Thomas, 2012). In contrast, protective approaches that make the young dependent on adult support may increase children's vulnerability when adult protection is no longer available (Fiorvanti & Brassard, 2014). Moreover, when children are not invited to participate in the decision-making process, they may try to assert control in negative ways, such as rebelling or withdrawing (Leeson, 2007; van Bijleveld et al., 2015). Others argue more generally that children's participation in the child protection systems strengthens the ability of society to cope with child maltreatment and that a rights-based approach advances public-health and protective strategies toward reducing the prevalence and consequences of child maltreatment (e.g., Reading et al., 2009). 4.5. Preventing child maltreatment with the help of child participation Intensive efforts have been dedicated to clarifying the epidemiology of child maltreatment and its consequences and to promoting its identification and reporting. Considerably less attention and fewer resources have been invested in preventing this phenomenon (Butchart, Harvey, Mian, & Furniss, 2006). Given maltreatment’s significant adverse effects (Currie & Spatz-Widom, 2010), its prevention is a moral imperative (Knox, 2010). Because of this, international approaches to child protection are undergoing a major paradigm shift from protecting children from immediate harm, typically after the fact, to promoting children's short- and long-term holistic well-being through universal prevention and policy initiatives (Fiorvanti & Brassard, 2014). Children's participation in decisions of the child protection system regarding their lives is considered a tertiary prevention, primarily focused on rehabilitation of victims and attempts to stop repetition by working with the child, the family, and the perpetrator (Admon-Livny & Katz, 2018; Kydd, 2003). Coping with the phenomena of child maltreatment should also address primary prevention (in the general population) and secondary prevention (in specific risk populations) (Admon-Livny & Katz, 2018). This raises the question – is there is a place for child participation in the designing and implementations of prevention programs? Participation of this nature by children in the public sphere is justified by the acceptance that children's participation is not limited to their private lives but should include involvement in the design of social policies (Flekkøy & Kaufman, 1997). Policy makers are beginning to recognize children’s roles as public actors and acknowledging that policy targets will not be adequately met by ‘top-down’ approaches. They are therefore exploring how to work with children (Ben-Arieh, 2008). The rationale is to improve the effectiveness of services by giving service users a voice, while simultaneously extending rights of citizenship. This makes sense because children experience their own lives each day and, though they may not always understand why they feel the way they do, they know their reality better than anyone else (Henaghan, 2017). There are multiple valid reasons for including children in prevention efforts. Hinton (2008) argues that a failure to understand children’s perspectives may obscure critical protection issues; undermine existing survival strategies and create dependency on external interventions. Santos Pais and Pinheiro (2005) have commented that measures to combat violence must address the general circumstances in which children live and that the measures will not work if they do not involve children in the design of prevention and recovery programs. This is illustrated by a study in Cleveland in which children were asked to define their neighborhood and the areas in which they felt safe. In parallel, parents were asked to do the same with regard to their children and professionals for their child clients. The result was astonishing - each group defined a different geographic area as the neighborhood and highlighted different places as safe for children (Coulton & Korbin, 2007; Spilsbury, 2005). There is a strong argument for child participation in the effort to prevent child maltreatment through risk avoidance behavior and by practicing safety rules. However, there are two caveats to child participation here. First, the adherence to safety rules is much more effective in maltreatment by strangers, which is much less prevalent than maltreatment by someone the child knows. Second, and more important, is that we need to be rational and realistic in what we can expect/demand of children, and remember both the generational power distribution as well as the fact that it is the role of society to prevent child maltreatment or any other criminal activity and not the responsibility of the victims. 5. Children’s participation in child protection efforts –current status As a result of the trend toward children's participation and the acknowledgment of its positive influence, a number of countries have incorporated children’s right to participation into their welfare policies and legislation. England was one of the first countries to establish children's right to be heard in the child protection process. The English Children Act 1989 includes the duty to ascertain children's wishes and feelings during care proceedings and to give them due consideration in light of their age and understanding. This was amended by the Children Act 2004, which extended the duty to ascertain children's wishes and feelings in earlier stages of social work intervention before the court becomes involved (Berrick, Dickens, Pösö, & Skivenes, 2015). In New Zealand, the Care of Children Act 2004 states that children must be given reasonable opportunities to express their views on matters affecting them, and that these views must be taken into account (Henaghan, 2017). In Norway, the Child Protection Act of 1992 states that children who have reached the age of 7, as well as younger children who are capable of forming their own opinions, 5

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

shall receive relevant information and be given an opportunity to state their opinions before a decision is made in cases affecting them (Magnussen & Skivenes, 2015). Children aged 12 and over shall be heard in cases of out-of-home placement, and their opinion shall be given weight. At the age of 15 children are parties in the cases and may be appointed a lawyer to represent their interest (Berrick et al., 2015). Similarly, in Scotland, the 1995 Children Act, which aims to protect children from harm and abuse, places importance on the child’s views (taking appropriate account of age and understanding), which should be considered where major decisions are to be made about the child’s future. In Finland children's involvement is a requirement of Child Welfare Act 2007, according to which every child, regardless of age, has the right to be heard, and every part of child welfare decision-making, including the processing of the care order, must include children's expressed views. It further requires that children aged 12 years or older must be given an opportunity to express their views in child-welfare cases concerning them, and their opinion should have the same legal weight as that of their custodians (Administrative Procedure Act 434/2003). Similar polices can be found in the Netherlands (Bouma et al., 2018), Portugal (Delgado, Pinto, & Carvalho, 2017), Australia (Bessell, 2011; Woodman, Roche, McArthur, & Moore, 2018), and Germany (Hardera, Zeller, López, Köngeter, & Knorth, 2013; Leviner, 2018). It has consistently proved difficult to put this legislation and policy into practice and the lived results are often far from the intention (Healy & Darlington, 2009; Tregeagle & Mason, 2008; Woodman et al., 2018). The majority of children report that they are rarely consulted and feel they have limited opportunities or no opportunities at all to participate in decision-making processes involving their lives (Goodyer, 2016; van Bijleveld et al., 2015). Children in care often report feeling unheard and invisible, as though their voices do not matter and they have little power over the decisions made for them (Bell, 2002; Bessell, 2011; Leeson, 2007; Nixon, Tutty, Weaver-Dunlop, & Walsh, 2007; van Bijleveld, Dedding, & Bunders-Aelen, 2014). Similarly, children involved in the child protection services do not feel listened to or believed (Damiani-Taraba et al., 2018) and they remain powerless, voiceless and fearful (Balsells, Fuentes-Peláez, & Pastor, 2017; Bell, 2002; Mitchell, Kuczynski, Tubbs, & Ross, 2010). Kriz and Skiveness (2015) interviewed child welfare workers from the United Kingdom, United States, and Norway, discovering that workers tended to use more tokenism rather than true inclusion when it came to child participation. This situation has been reported even in countries that incorporate children's right to participation into their national child protection legislation, such as Australia, Israel and Germany (Healy & Darlington, 2009; Tregeagle & Mason, 2008). Where children are involved, the results appear positive. For example, children in Scotland did not know what to expect before the child protection investigation began and appreciated being informed and involved from an early stage (Woolfson et al., 2010). Similar findings were found in Israel (Cohen, 2019), Spain (Dinisman, Montserrat, & Casas, 2012). At large, and under such conditions, children's participation affected the decisions of child protection services in about half the cases (Vis & Thomas, 2009). Although progress in incorporating children's right to participation in the child protection systems has been significant, children are seldom consulted on what they feel constitutes maltreatment for them, nor on the broader child policies or prevention efforts. Most progress has been made with regard to child participation in individual case management. 6. Discussion Child maltreatment is both a serious public health concern affecting millions of children each year (Millett, 2019) and a violation of children's human rights (Reading et al., 2009). The protection of children from violence and neglect and the promotion of their well-being are major priorities in every society (Fiorvanti & Brassard, 2014). Over the last few decades, societies have made extensive efforts to deal with this social problem. Nevertheless, as illustrated here, over the years most of the efforts made to protect children from abuse and neglect have focused on children's rights to protection and provision. We have argued here that better protection of children from maltreatment can be achieved only through the full realization of their rights, including their right to participation. Incorporating children's right to participation together with their right to protection and provision in the field of child maltreatment will help us better define, understand and treat this social problem. Traditionally, societies protect children from maltreatment based primarily on the assumption that children are vulnerable creatures. This has led to problematic practices with maltreated children, which were mainly concerned with protection and control over them. However, protection is not enough, we need to recognize children as human beings and respect their dignity (Reading et al., 2009). Children’s protection could be promoted by ensuring their participation in all the stages of the processes meant to protect them. Yet, one cannot ignore the inherent conflict that may exist between the right to protection and the right to participation. There are concerns that involving children in the child protection process may be potentially harmful, e.g., by exposing them to hostility during meetings (Cossar et al., 2016; Healy & Darlington, 2009). Further, a crucial dilemma is how to handle conflicts between the child’s view and that of the professional in ways which advance the child’s best interests (Archard & Skivenes, 2009). Taking children's participation into account in the area of child maltreatment means that the relationship between the child and the state via the child protection system is more direct, including situations in which the social worker as representative of the state becomes absorbed in the parents' issues and loses sight of the child (Brandon, Bailey, & Belderson, 2010; Cossar et al., 2016). The traditional association between the state, the family, and the child could be conceptualized as a series of concentric circles with the child at the center. The CRC implies that this association should now be understood to be triangular (i.e., child, family, and state each at an angle/corner) with the state having a direct responsibility to the child to promote her/his rights. Apart from receiving protection, the child has the right to make direct contributions to state deliberations and to be heard in the development of legislation and policy (Reading et al., 2009). Participation by children remains a complex area of practice (Cossar et al., 2016). It raises issues of power which include the difficulties professionals experience in achieving the right balance between working in partnership and exercising power to protect 6

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

the child (Cossar et al., 2016). Participation can be even more difficult when social workers deal with involuntary clients, have limited options and resources, and where there is a lack of consensus about what is in the best interests of the child (Smith, 2007). In addition, social workers may not always feel competent or comfortable speaking to children, which could impact how often, when and the topics about which they communicate with them. According to social workers, the most serious obstacles in participatory work with children are related to a lack of human and time resources. Social workers need time, work practices, skills and practical wisdom through which children’s personal experiences, opinions and wishes can be better heard (Pölkki, Vornanen, Pursiainen, & Riikonen, 2012). Finally, contemporary views on children's well-being argue that societies should be held accountable for more than safeguarding children and youth (Ben-Arieh et al., 2014). Protection alone is not insufficient to allow children optimum growth and development, nor is it sufficient to ensure children are not maltreated (Reading et al., 2009). We are thus obligated not only to protect children but also to promote their well-being. These purposes can be best achieved by treating them as full human beings and by fulfilling their participation rights (Ben-Arieh, 2010). References Admon-Livny, K., & Katz, C. (2018). Schools, families, and the prevention of child maltreatment: lessons that can be learned from a literature review. Trauma, Violence & Abuse, 19(2), 148–158. Al Midfa, A., Al Farsi, B., Bakry, E., Jawad, A., Saleheen, H., Almuneef, M., et al. (2019). Child maltreatment prevention readiness in the United Arab Emirates. Children and Youth Services Review, 100, 70–75. Alaimo, K. (2002). Historical roots of children’s rights in Europe and the United States. Children as equals: Exploring the rights of the child, 1–24. Alderson, P. (2001). Research by children. International Journal of Social Research Methodology, 4(2), 139–153. Archard, D. (1993). Self-justifying paternalism. The Journal of Value Inquiry, 27(3), 341–352. Archard, D., & Skivenes, M. (2009). Hearing the child. Child & Family Social Work, 14, 391–399. Balsells, M.Á., Fuentes-Peláez, N., & Pastor, C. (2017). Listening to the voices of children in decision-making: A challenge for the child protection system in Spain. Children and Youth Services Review, 79, 418–425. Barnes, V. (2012). Social work and advocacy with young people: Rights and care in practice. British Journal of Social Work, 42, 1275–1292. Bell, M. (2002). Promoting children’s rights through the use of relationship. Child & Family Social Work, 7, 1–11. Ben-Arieh, A. (2008). The influence of social-indicators data on decision making in regard to children’s well-being. Administration in Social Work, 32, 23–38. Ben-Arieh, A. (2010). From child welfare to children well-being: The child indicators perspective. From child welfare to child well-being. Dordrecht: Springer9–22. Ben-Arieh, A., Casas, F., Frønes, I., & Korbin, J. E. (2014). Multifaceted concept of child well-being. Handbook of child well-being: Theories, methods and policies in global perspective1–27. Ben-Arieh, A., & Kosher, H. (2020). The child study movement. In D. Sheck (Ed.). Encyclopedia of adolescent development. Berrick, J. D., Dickens, D., Pösö, T., & Skivenes, M. (2015). Children’s involvement in care-order decision-making: A cross-country analysis. Child Abuse & Neglect, 49, 128–141. Bessell, S. (2011). Participation in decision-making in out-of home care in Australia: what do young people say? Children and Youth Services Review, 33, 496–501. Bouma, H., López, M. L., Knorth, E. J., & Grietens, H. (2018). Meaningful participation for children in the Dutch child protection system: A critical analysis of relevant provisions in policy documents. Child Abuse & Neglect, 79, 279–292. Brandon, M., Bailey, S., & Belderson, P. (2010). Building on the learning from serious case reviews: A two-year analysis of child protection database notifications 2007–2009. Butchart, A., Harvey, A. P., Mian, M., & Furniss, T. (2006). Preventing child maltreatment: A guide to taking action and generating evidence. Geneva: World Health Organization. Cashmore, J. (2002). Promoting the participation of children and young people in care. Child Abuse & Neglect, 26, 837–847. Cherney, I. D., & Shing, Y. L. (2008). Children’s nurturance and self-determination rights: A cross-cultural perspective. The Journal of Social Issues, 64(4), 835–856. Cicchetti, D., & Manly, J. T. (2001). Operationalizing child maltreatment: Developmental processes and outcomes. Development and Psychopathology, 13(4), 755–757. Cicchetti, D., & Carlson, V. (Eds.). (1989). Child maltreatment: Theory and research on the causes and consequences of child abuse and neglect. Cambridge University Press. Cohen, O. (2019). Child rights in an emergency center: Satisfaction and participation in decision making, from the children and professionals’ perspective. PhD Dissertation submitted to theHebrew): Senate of the Hebrew University of Jerusalem. Cossar, J., Brandon, M., & Jordan, P. (2016). ‘You’ve got to trust her and she’s got to trust you’: Children’s views on participation in the child protection system. Child & Family Social Work, 21, 103–112. Coulton, C. J., & Korbin, J. E. (2007). Indicators of child well-being through a neighborhood lens. Social Indicators Research, 84(3), 349–361. Currie, J., & Spatz-Widom, C. (2010). Long-term consequences of child abuse and neglect on adult economic well-being. Child Maltreatment, 15(2), 111–120. Damiani-Taraba, G., Sky, I., Hegler, D., Woolridge, N., Anderson, B., & Koster, A. (2018). The listen to me project: Creating lasting changes in voice and participation for children in care through a youth-led project. Child & Youth Services, 1–21. David, P., & Schiff, M. (2017). Self-efficacy as a mediator in bottom-up dissemination of a research-supported intervention for young, traumatized children and their families. Journal of Evidence-Informed Social Work, 14(2), 53–69. Delgado, P., Pinto, V. S., & Carvalho, J. (2017). Attitudes and decision-making in the child protection system: a comparison of students and professionals. Criminology & Social Integration Journal, 25(2), 2–14. DeMause, L. (1974). The evolution of childhood. The Journal of Psychohistory, 1(4), 503. Dinisman, T., Montserrat, c., & Casas, F. (2012). The subjective well-being of Spanish Adolescents: Variations according to different living arrangements. Children and Youth Services Review, 34(12), 2374–2380. English, D. J., Graham, J. C., Litrownik, A. J., Everson, M., & Bangdiwala, S. I. (2005). Defining maltreatment chronicity. are there differences in child outcomes? Child Abuse & Neglect, 29, 575–595. Ensor, M. O., & Reinke, A. J. (2014). African Children’s Right to Participate in their Own Protection: Perspectives from South Sudan. The International Journal of Children’s Rights, 22(1), 68–92. Fallon, B., Trocmé, N., Fluke, J., MacLaurin, B., Tonmyr, L., & Yuan, Y. Y. (2010). Methodological challenges in measuring child maltreatment. Child Abuse & Neglect, 34(1), 70–79. Fiorvanti, C. M., & Brassard, M. R. (2014). Advancing child protection through respecting children’s rights: A shifting emphasis for school psychology. School Psychology Review, 43(4), 349–366. Flekkøy, M. G., & Kaufman, N. H. (1997). The participation rights of the child: Rights and responsibilities in family and society, Vol. 4. Jessica Kingsley Publishers. Goodyer, A. (2016). Children’s accounts of moving to a foster home. Child & Family Social Work, 21, 188–197. Greene, S., & Hill, M. (2005). Methods and methodological issues. Hallett, C., & Prout, A. (Eds.). (2003). Hearing the voices of children: Social policy for a new century. Routledge. Handelsman, Y. (2017). We are not Puppets: How children understand and perceive the concepts of child maltreatment(Master’s thesis). Israel: The Hebrew University of Jerusalem. Hardera, A. T., Zeller, M., López, M., Köngeter, S., & Knorth, E. J. (2013). Different sizes, similar challenges: Out of home care for youth in Germany and the Netherlands. Psychosocial Intervention, 22, 203–213.

7

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

Hart, R. A. (1992). Children’s participation: From tokenism to citizenship, innocenti essays, 4. Florence: UNICEF. Hawk, S. T., Keijsers, L., Hale, W. W., & Meeus, W. (2009). Mind your own business! Longitudinal relations between perceived privacy invasion and adolescent-parent conflict. Journal of Family Psychology, 23, 511–520. Healy, K., & Darlington, Y. (2009). Service user participation in diverse child protection contexts: Principles for practice. Child & Family Social Work, 14, 420–430. Heimer, M., Näsman, E., & Palme, J. (2018). Vulnerable children’s rights to participation, protection, and provision: The process of defining the problem in Swedish child and family welfare. Child & Family Social Work, 23(2), 316–323. Henaghan, M. (2017). Article 12 of the un Convention on the Rights of Children. The International Journal of Children’s Rights, 25, 537–552. Herrenkohl, R. C. (2005). The definition of child maltreatment: From case study to construct. Hinton, R. (2008). Children’s participation and good governance: Limitations of the theoretical literature. International Journal of Children’s Rights, 16, 285–300. James, A., & Christensen, P. M. (Eds.). (2000). Research with children: Perspectives and practices. London: Routledge. Jud, A., Fegert, J. M., & Finkelhor, D. (2016). On the incidence and prevalence of child maltreatment: a research agenda. Child and Adolescent Psychiatry and Mental Health, 10(1), 17. Kilkelly, U. (2017). The child and the European convention on human rights. Routledge. Kim, H., Wildeman, C., Jonson-Reid, M., & Drake, B. (2017). Lifetime prevalence of investigating child maltreatment among US children. American Journal of Public Health, 107(2), 274–280. Knox, M. (2010). On hitting children: A review of corporal punishment in the United States. Journal of Pediatric Health Care, 24(2), 103–107. Kosher, H., & Ben-Arieh, A. (2017). What children think about their rights and their well-being: A cross-national comparison. The American Journal of Orthopsychiatry, 87(3), 256. Križ, K., & Roundtree-Swain, D. (2017). “We are merchandise on a conveyer belt”: How young adults in the public child protection system perceive their participation in decisions about their care. Children and Youth Services Review, 78, 32–40. Kriz, K., & Skiveness, M. (2015). Child welfare workers’ perceptions of children’s participation: A comparative study of England, Norway and the USA (California). Child & Family Social Work, 22, 11–22. Kydd, A. (2003). Which side are you on? Bias, credibility, and mediation. American Journal of Political Science, 47(4), 597–611. Lansdown, G., Jimerson, S. R., & Shahroozi, R. (2014). Children’s rights and school psychology: Children’s right to participation. Journal of School Psychology, 52(1), 3–12. Leeson, C. (2007). My life in care: Experiences of non-participation in decision-making processes. Child & Family Social Work, 12, 268–277. Leviner, P. (2018). Child participation in the Swedish child protection system. The International Journal of Children’s Rights, 26, 136–158. Lieberman, A. F., & Van Horn, P. (2008). Psychotherapy with infants and young children. New York: Guilford Publishers.. Limber, S. P., & Kaufman, N. H. (2002). Civic participation by children and youth. In N. H. Kaufman, & I. Rizzini (Eds.). Globalization and children: Exploring potentials for enhancing opportunities in the lives of children and youth. Springer Science & Business Media. MacMillan, H. L., Jamieson, E., & Walsh, C. A. (2003). Reported contact with child protection services among those reporting child physical and sexual abuse: Results from a community survey. Child Abuse & Neglect, 27(12), 1397–1408. Magnussen, A. M., & Skivenes, M. (2015). The child’s opinion and position in care order proceedings. The International Journal of Children’s Rights, 23, 705–723. Manly, J. T. (2005). Advances in research definitions of child maltreatment. . Mcleod, A. (2007). Whose agenda? Issues of power and relationship when listening to looked-after young people. Child & Family Social Work, 12, 278–286. Melton, G. B. (2006). Background for a general comment on the right to participate; article 12 and related provisions of the convention on the rights of the child. UnpublishedUSA: Clemson University. Millett, L. S. (2019). Outcomes from early child maltreatment prevention program in child protective services. Children and Youth Services Review, 101, 329–340. Mitchell, M. B., Kuczynski, L., Tubbs, C. Y., & Ross, C. (2010). We care about care: Advice by children in care for children in care, foster parents and child welfare workers about the transition into foster care. Child & Family Social Work, 15, 176–185. Nixon, K. L., Tutty, L. M., Weaver-Dunlop, G., & Walsh, C. A. (2007). Do good intentions beget good policy? A review of child protection policies to address intimate partner violence. Children and Youth Services Review, 29(12), 1469–1486. Osofsky, J. D., & Lieberman, A. F. (2011). A call for integrating a mental health perspective into systems of care for abused and neglected infants and young children. The American Psychologist, 66(2), 120. Peterson-Badali, M., & Ruck, M. D. (2008). Studying children’s perspectives on self-determination and nurturance rights: Issues and challenges. The Journal of Social Issues, 64(4), 749–769. Pölkki, P., Vornanen, R., Pursiainen, M., & Riikonen, M. (2012). Children’s participation in child protection processes as experienced by foster children and socialworkers. Child Care in Practice, 18, 107–125. Powell, M. A., & Smith, A. B. (2009). Children’s participation rights in research. Childhood, 16(1), 124–142. Reading, R., Bissell, S., Goldhagen, J., Harwin, J., Masson, J., Moynihan, S., et al. (2009). Promotion of children’s rights and prevention of child maltreatment. Lancet, 373(9660), 332–343. Rogers, C. M., & Wrightsman, L. S. (1978). Attitudes toward children’s rights: Nurturance or self-determination? The Journal of Social Issues, 34(2), 59–68. Ruck, M. D., & Horn, S. S. (2008). Charting the landscape of children’s rights. The Journal of Social Issues, 64(4), 685–699. Sanders, R., & Mace, S. (2006). Agency policy and the participation of children and young people in the child protection process. Child Abuse Review, 15, 89–109. Santos Pais, M., & Pinheiro, P. S. (2005). Foreword. UNICEF, UN Human Rights standards and mechanisms to combat violence against children. Florence: UNICEF Innocenti Research Centre. http://www.unicef-irc.org/publications/pdf/un_human_rights.pdf. Schofield, G., & Beek, M. (2005). Providing a secure base: Parenting children in long-term foster family care. Attachment & Human Development, 7(1), 3–26. Schofield, G., & Thoburn, J. (1996). Child protection: The child in decision-making. London: Institute for Public Policy Research. Sinclair, R., & Franklin, A. (2000). Young people’s participation, research in practice and making research count. London: Department of Health. Smith, S. R. (2007). Making sense of multiple informants in child and adolescent psychopathology: A guide for clinicians. Journal of Psychoeducational Assessment, 25(2), 139–149. Soffer, M., & Ben-Arieh, A. (2014). School-aged children as sources of information about their lives. In A. Ben-Arieh, J. Cashmore, G. Goodman, & G. B. Melton (Eds.). Handbook of child research. London, UK: Sage Publications. Spilsbury, J. (2005). “We don’t really get to go out in the front yard’’ – Children’s home range and neighborhood violence. Children’s Geographies, 3(1), 79–99. Stearns, P. N. (2017). History of children’s rights. In M. D. Ruck, M. Peterson-Badali, & M. Freeman (Eds.). Handbook of children’s rights: Global and multidisciplinary perspectives (pp. 3–20). London: Routledge. Tregeagle, S., & Mason, J. (2008). Service user experience of participation in child welfare case management. Child & Family Social Work, 13, 391–401. Troope, S. (1996). The convention of the right of the child; implications for Canada. In M. Freeman (Ed.). Children’s rights. Aldershot, UK: Dartmouth Publishing Company. United Nations Children’s Emergency Fund (UNICEF) (2017). UNICEF data: Monitoring the situation of children and women. Retrieved fromhttps://data.unicef.org/ topic/child-protection/violence/violent-discipline. van Bijleveld, G. G., Dedding, C. W. M., & Bunders-Aelen, J. F. G. (2014). Seeing eye to eye or not? Young people’s and child protection workers’ perspectives on children’s participation within the Dutch child protection and welfare services. Children and Youth Services Review, 47, 253–259. van Bijleveld, G. G., Dedding, C. W. M., & Bunders-Aelen, J. F. G. (2015). Children’s and young people’s participation within child welfare and child protection services: A state-of-the-art review. Child & Family Social Work, 20, 129–138. Verhellen, E. (2015). The convention on the rights of the child: Reflections from a historical, social policy and educational perspective. Routledge international handbook of children’s rights studies43–59. Vis, S., & Thomas, N. (2009). Beyond talking — Children’s participation in Norwegian care and protection cases. European Journal of Social Work, 12(2), 155–168. Vis, S., Strandbu, A., Holtan, A., & Thomas, N. (2011). Participation and health — A research review of child participation in planning and decision making. Child &

8

Child Abuse & Neglect xxx (xxxx) xxxx

H. Kosher and A. Ben-Arieh

Family Social Work, 16, 325–335. Vis, S. A., Holtan, A., & Thomas, N. (2012). Obstacles for child participation in care and protection cases—Why Norwegian social-workers find it difficult. Child Abuse Review, 21, 7–23. Witt, A., Brown, R. C., Plener, P. L., Brähler, E., & Fegert, J. M. (2017). Child maltreatment in Germany: prevalence rates in the general population. Child and Adolescent Psychiatry and Mental Health, 11(1), 47. Woodman, E., Roche, S., McArthur, M., & Moore, T. (2018). Child protection practitioners: Including children in decision making. Child & Family Social Work, 23, 475–484. Woolfson, R. C., Heffernan, E., Paul, M., & Brown, M. (2010). Young people’s views of the child protection system in Scotland. British Journal of SocialWork, 40(7), 2069–2085. World Health Organization [WHO] (2006). Preventing child maltreatment: A guide to taking action and generating evidence. Retrieved:https://apps.who.int/iris/bitstream/ handle/10665/43499/9241594365_eng.pdf;jsessionid=1C6F6EF96370E491A0766EFB5FE22308?sequence=1.

9