Rights

Rights

1. UNCRC

   • Children's views - annoyed hadn't been told about rights before. Interviewed other children. They believe children will feel better about themselves and treat each other better if they know about them. Compiled list of 10 favourite rights. Live, choose, education, protected, express views
   • Children's rights possible closes set of 'universal' rights. Widespread agreement from most nations.
   • UNCRC 1989 Almost universal rattification. Underpinned by the notion that children need special protection and priority care. 3 Ps - provision, protection and participation
     • for all children not just abroad
   • Not directly enforceable in UK courts (unlike ECHR which is through Human Rights Act)
   • Children recognized as having particular needs, inherently vulnerable, depend on other for wellbeing. Survival of infant dependent on external provision
   • 54 articles relating to civil, political, economic, social and cultural rights.
   • Similarities with Children Act - which is enforceable by law
   • Tool for change. Countries can use it to analyse aspects of childhood - participation/corporal punishment/child poverty etc
   • Embodied within Children's commissioner roles. But this varies across countries. Powers and independence varies.

2. UK more rights based now than ever before.

3. Human Rights Act 1998

4. European Convention on Human Rights - in UK law

5. Different views on rights and what they mean. eg whether human rights are to be viewed as divine, moral or legal entitlements.

6. Family recognised and given legal protections by Children Act 1989 and Human Rights Act 1998

   • LAs work with parents to deliver services appropriate to childs needs.

7. Different definitions of rights. Legal, moral, ethical. A 'right' in law is something to where there is an entitlement, which can be claimed.

   • Gray 1921 Right is correlative to duty: where there is no duty, there can be no right

8. A child's right to protection, invokes duties to ensure child protected from harm. Duties involve all, denial of right sanctionable in law. Law requires inquiries to be made if reason to believe a child at risk and take action (Children Act 1989)

9. Failure of LA to protect children breaches Article 3 of ECHR

10. No universal concept of rights. Collection of powers, duties, responsibilities and interpretations of circumstances