Provoked by the implementation of the Human Rights Act 1998, interest in the concept of children's rights has grown significantly since the first edition of this work was published. Now in its second edition, Children's Rights and the Developing Law explores the way developing law and policy in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on the extent to which these developments take account of children's interests, using a range of current research on children's needs as a template against which to assess their value. A critical approach is maintained throughout the work, particularly when assessing the extent to which the concept of children's rights is being developed by the domestic courts and the degree to which the UK is complying with its obligations to implement the UN Convention on the Rights of the Child. Wide reaching in its scope, the work starts with the theoretical perspectives of the concept of children's rights and the extent to which international activity in the field of human rights can be utilised to inform domestic law.
Table of Contents
Preface; Part I. Theoretical Perspectives and International Sources: 1. Theoretical perspectives; 2. International children's rights; Part II. Promoting Consultation and Decision-Making: 3. Adolescent decision-making, Gillick and parents; 4. Child runaways, emancipation and rights to support; 5. Adolescent decision-making and health care; 6. Promoting consultation and decision-making in schools; 7. Children in court - rights to representation; 8. Children in court - instructing their own solicitors; 9. Children in court - their wishes and feelings; Part III. Children's Rights and Parents' Powers: 10. Children's rights versus family privacy - corporal punishment and financial support; 11. Parents' decisions and children's health rights; 12. Educational rights for children with disabilities; 13. A child's right to know her parents - the significance of the blood tie; 14. A child's right to know and be brought up by her parents; Part IV. Children's Rights to Protection: 15. An abused child's right to state protection; 16. Right to protection in state care and to state accountability; 17. The right of abused children to protection by the criminal law; 18. Protecting the rights of juvenile offenders; Part V. Conclusion: 19. Themes and the way ahead.