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‘Where do I stand? Assessing children’s capabilities under English Law’

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journal contribution
posted on 2015-11-09, 11:10 authored by Dawn E. Watkins
This paper sets out the findings of a doctrinal study that has sought to establish a child’s ‘standing’ under English law, focussing primarily on children aged 7-11 years. It will demonstrate that the legal provisions that apply to children’s everyday lives are piecemeal and inconsistent, but more importantly, it will argue that even though the child possesses a broad range of rights under the UNCRC, he or she is much more clearly recognised and acknowledged as a wrongdoer than a ‘right-doer’ under English law. Following a close analysis of Article 12, the author goes on to discuss emerging scholarship concerning the capabilities approach and its relationship to children’s rights. This is then suggested as a possible basis for shifting our thinking and practice in this area; from a place that recognises children’s capacities not only as wrongdoers and as rights holders, but also increasingly as ‘potentially competent’ social actors and influencers. .

History

Citation

Child and Family Law Quarterly, 2016, 28 (1), pp. 25-44

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

  • AM (Accepted Manuscript)

Published in

Child and Family Law Quarterly

issn

1358-8184

Acceptance date

2015-11-05

Copyright date

2015

Available date

2018-03-31

Publisher version

http://www.jordanpublishing.co.uk/practice-areas/family/news_and_comment/where-do-i-stand-assessing-children-s-capabilities-under-english-law#.V4dxNHpildA

Language

en

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