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Accommodating Children's Rights in a Post Human Rights Act Era
Author(s) -
Fortin Jane
Publication year - 2006
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2006.00586.x
Subject(s) - human rights , law , jurisprudence , political science , convention , reinterpretation , international human rights law , fundamental rights , law and economics , sociology , physics , acoustics
This article considers why so little case law currently acknowledges that children have recognisable rights under the European Convention on Human Rights and argues that the family courts are not meeting the demands of the Human Rights Act 1998 in this regard. It suggests that a reinterpretation of the ‘paramountcy principle’ in the Children Act 1989 should be accompanied by a radically different judicial approach to evidence relating to children's best interests. The article considers the difficulties that such an approach might produce when applied to teenagers intent on refusing life‐saving medical treatment. It further argues that the courts should call on the substantial body of rights jurisprudence to provide legal and moral support for this revised approach.