legislation in Safeguarding

Topics: Human rights, European Convention on Human Rights, Rights Pages: 5 (1360 words) Published: November 28, 2013
Strengths / Weaknesses in legislation
Lord Laming said laws and policies were in place to protect children but were not being put into practice "at the front door". His report said: "In such circumstances it is hard to resist the urge to respond by saying to each of the key services, if that is so 'NOW JUST DO IT!'" Lord Lamings recommendation that a childrens commissioner be appointed one of whose duties is to advise on the implementation of the UNCRC brings into play, discussion and consideration of human rights in particular the rights of the child. Stronger focus on the rights of the child may help to reduce abuse. Human Rights Act 1998

Places an obligation on UK courts to in so far as possible, interpret all legislation, in a way which is compatible with the European Convention on Human Rights Weaknesses
There can be tensions between the rights of some adults over others, adults over children Look at both UNCRC and the Human rights act can you identify a possible clash? Children Act 1989 / Children (NI) Order 1995

Sought to, obtain the views of children in relation, to key decisions being made about them. LAC have greater rights to make representation about the quality of care they receive.

Limits imposed on the views/opinions of the child – their age, understanding, maturity must be taken into consideration. This may lead to the views of the child being dismissed •Complex document, consisting of nearly 200 Articles (arranged into 12 Parts) and 10 Schedules. confusing and difficult to read. •Children unable to understand it

Child abuse and neglect are not clearly defined, the court may make an order if it is satisfied that the child is at risk from “significant harm” •“significant harm” is measured against the childs health or development when compared with what should be considered reasonable in comparison with a similar child. This opens up questions of culture, class, racial, religious and ethnic considerations •The requirements to protect children from harm and avoid unwarranted intervention in the family may be impossible to achieve to the advantage of children

The UN Convention on the rights of the child
USA and Somalia have not yet signed the convention
UK has not yet implemented all legislation to reflect convention •UK did not sign special protocol 2004 –reserves the right for young people 16 & above in the armed forces to take part in hostilities •Children slipping through the net

Travelling community –education healthcare
UK still allows Corporal punishment of children in the home •No real power only a tool or bench mark

Article 12 states parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. Victoria Climbie was known to 3 housing auth, 4 social services dept, police, nspcc, 2 hosp. 2 child protection teams The committee on the rights of the child provide a comprehensive report on the UK’s progress in implementing the convention 2002 report was critical of UK and made 78 recommendations. They conclude by recommending that the govt. Incorporate into domestic law the rights and principles of the convention. However in the 2004 Children Act the government failed to do this instead concentrating on the 5 goals outlined in Every Child Matters. In the 2005 review they welcomed the creation of the children’s commissioner but criticised that the commissioner for England was the least independent and had to apply for permission to the...
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