Miss Essay

4096 WordsDec 19, 201417 Pages
Student no 13016653. Children’s rights: legal reality or legal fiction? Discuss. Word Count Children’s rights: legal reality or legal fiction? Discuss. ‘For the purposes of the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier’. PART I Article 1- (UNITED NATIONS Convention on the Rights of the Child (UNCRC) - NEW YORK 20 November 1989) - A child in English Law refers to a person who has been born and is under 18 years of age. This is the position taken in the Children Act 1989 as well as the UNCRC. I aim to critically explore Children’s Rights from the perspective of those young people placed in mainstream residential care in England. I hope to highlight the complexity surrounding the “rights” of children within an institutional environment to conclude whether or not the principle of Children’s rights is a ‘legal reality or legal fiction’. I will explore what is meant by “rights” and its relationship with “welfare”, I will look at the outcome of Gillick v West Norfolk and Westbech AHA (1986) AC112 and its ongoing challenge to the interpretation of children’s rights in English society. It will be necessary for me to look at the role of the “Corporate Parent” and the Children’s Rights Director as both positions attempt to provide clarity and ownership to those young people who are placed in the public care setting. I will critically explore the All Party Parliamentary Group findings in June 2012, which looked at missing children and adults in Rochdale as well as other areas in England, touching on their findings and recommendations. I will highlight the confusion surrounding the increase of Registered Children homes in England and the strain that this places on local resources ultimately impacting on the welfare of those young people placed and

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