Convention: An English Perspective (From Children's Rights: A Comparative Perspective, P 93-112, 1996, Michael Freeman, ed. - - See NCJ-161805)

• NCJ Number: 161808
• Author(s): M Freeman
• Date Published: 1996
• Length: 20 pages
• Sale Source: Dartmouth Publishing Co Limited
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom

Annotation

This paper examines some of the key provisions in the UN Convention on the Rights of the Child and appraises England's compliance with it in law and practice.

Abstract

The United Kingdom has ratified the UN Convention on the Rights of the Child, although its support for the Convention was half-hearted, with a number of reservations being entered. Article 3 is, together with Article 12, arguably the most important provision in the Convention. It provides that "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration." Inside the courts, English law more than complies with this provision of the Convention, since the best interests of the child is the primary consideration in all relevant court actions. Outside the courts, however, the absence of the "best-interests" principle in any number of areas must be examined, particularly in the area of education. Article 12 of the Convention requires state parties to "assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child." In English law, as in virtually every other legal system, parents do not have to ascertain or have regard to their children's wishes before making decisions, even major ones, which affect the child. In the field of education as well, children have little input as to how they are managed and instructed. Another article in the Convention pertains to the child's right not to be abused or neglected. English law, both criminal and civil, targets abuse and neglect, but the authorities have failed to provide the resources necessary to address these problems. Other issues addressed in the Convention and critiqued in English law and practice are a child's freedom of expression; freedom of thought, conscience, and religion; freedom of association; the protection of privacy; adoption; and health and health services. 115 notes