The child has natural and imprescriptible rights under Article 42.5, however these rights are not expressed and it is up to the courts to decide what these rights are depending on the case moreover this Article only permits state intervention in exceptional cases where the parent has failed in its duty towards the child. In G v An Bord Uchtala the Supreme Court sought to elaborate the scope of the “natural and imprescriptible” rights of the child. The unmarried mother in this case sought the return of her child after she put the child up for adoption and was deemed to have failed her duty to her child and thus abandoned her rights as a mother. The 1989 convention of the rights of Children acknowledges the rights of children, however Article 41 continues to act as a barrier to the implementation of the convention. Courts have emphasised that children born outside marriage have the same constitutional rights as children born to married parent, as established in Section 3 of the Status of Children Act 1987; the equal rights for all children whether born in or outside Marriage.
Considering the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (especially in its articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (especially in its article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of
Families, children and young people have the right to live free from abuse, harm and neglect. If harm or abuse is suspected or alleged the child or young person has the right to be listened to, to be respected and to kept informed and be involved (where appropriate) in any decision making. â€ ̃Anyone working with children should see and speak to the child; listen to what they say; take their views seriously; and work with them collaboratively when deciding how to support their needs.â€TM (Working Together to Safeguard Children) The Children Act 1989 requires that local authorities give due regard to a childâ€TMs wishes when determining what services to provide. The welfare of the child always comes first and being protected from any further harm or abuse is paramount. The child or young person has every right to receive the best care possible, this may be achieved by leaving the child in the home environment with appropriate level of support, it may involve a referral to social services or if the child is viewed to be in immediate danger then removal from the family home may be appropriate.
Even the Declaration of Independence, which is the most determining document that helped the United States to be created, supports the fact that our creator, gave humans unalienable rights. This unalienable rights are life, liberty, and pursuit of happiness. If we give the government the right to licence a parent it would, in a way, control the life of the parents and the child, omit the liberty of the parent to raise their own child, and abolish the pursuit of happiness of the family. This especially applies to the maternal figure in the household, because they are usually the ones who want to see their children grow and carry-out the family beliefs to future generations. Notwithstanding the fact that humans can make mistakes while parenting.
But under s 67 in the same act, the court may dispense with the requirement for consent if the court is satisfied that, the person cannot, after reasonable inquiry, be found or identified, or if an application has been made to the court for the adoption of the child by one or more persons who are authorised carers of the child and the child has established a stable relationship with those carers and the adoption of the child by those carers will promote the child’s welfare. S 7 of the Adoption Act states that the first and foremost object of the legislation is to protect the best interests of the child
First, the legal parent-child relationship between the child and his or her birth parents may be terminated permanently as part of the adoption process. In this regard, an adoptive child could no longer inherit the birth parents’ property. The adopted child is, however, entitled to inherit the property of the adoptive parents. It is to be noted that Islamic law does not recognize this kind of formal adoption. Second is adoption that does not completely terminate the legal relationship between the child and the birth parents.
The participation of children has become an important issue in legislation and political programs internationally. For example, the United Nations Convention on the Rights of the Child has been ratified by 191 nations, that is, every country except the United States and Somalia. The convention states that children have the rights to freedom of speech and to participation in decision-making processes that are relevant to their lives. In Norway, the child’s right to participate has been enshrined in the Children Act, the Child Welfare Act, programs for school and day care, and children’s citizen projects in municipalities. The discourse on children’s participation appeared in the preparation of the CRC, and it was not without discussion.
Ethical issues in child custody involve more than just the child and the parents; research shows that in 100% of these cases, professional guidance is needed to resolve the dispute in deciding what is best for the child. II. Body A. Research involving divorce and child custody disputes shows that it has numerous effects on the child’s development and adjustment. For example, children who are in a good relationship with their parents while still remaining in contact with them prior to the separation or divorce, transition better into adulthood .
As humans, all of us are entitled to human rights and children are entitled to their own rights. This comes in the form of the Convention on the Rights of the Child (UNCRC, 1989) as world leaders recognised that people under the age of 18 might need special care and consideration. Under the CRC, the articles listed recognised the child’s rights to various issues such as the “inherent right to life” from Article 6.1 and the “right to freedom of expression” from Article 13.1. It even recognises the “right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child” as seen from Article 31.1. This signifies the importance of play in a child’s life.
Listening to children The UN Convention on the Rights of the Child shows a child’s right to his or her own views in all matters and the right to the freedom of expression. This includes the right to receive and be part of information about themselves. All people around children need to make sure that rights are upheld and matters affecting children are looked after. Children can experience worries at home, at school or with their peers and children need to talk about their issues. Parents, professionals and practitioners need to pay attention not only to what children say, but also what they are saying.