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Lecture notes

Lecture notes Child Law (LA6093)

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The question as to whether children can have rights has prompted a great deal of debate. The debate concerns the ‘choice’ or ‘will’ theory of rights. The philosopher HLA Hart considers the term ‘rights’ inapplicable to babies, children or even animals. Others refer to the interest theory of rights, which argues that a person has a right where his interests are protected in certain ways by the imposition of legal or moral constraints on the acts or activities of other people. There are difficulties in granting children rights and the enforcement of those rights.

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Uploaded on
January 19, 2025
Number of pages
23
Written in
2023/2024
Type
Lecture notes
Professor(s)
Akote
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All classes

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CHILD RIGHTS?




LA6093 Child Law
Term 2 23-24

, CHILDREN & CHILDHOOD
Childhood is a concept that differs from time to
time and place to place.

The age at which a child ceases to be a minor is
18, this was reduced from 21 in 1969.

This is confirmed in the Children Act 1989 which
defines a child as a person under the age of 18.

When does childhood end?


The importance and relevance of childhood.

, EARLY LEGISLATION ON CHILDREN

Prevention of Cruelty to,
The Guardianship of In
Blackstone’s Commentaries and Protection of, Children
Act 1925
on the law of England (1765- Act 1889
1769) -a parent owes three Where questions were rai
duties to a child: those of Made it an offence to neglect, about a child’s custody an
maintenance, protection, and ill-treat, abandon, or expose a upbringing, the court was
education. child. regard the child’s welfare
first and paramount
consideration’.


Children and Young Persons
Act 1933
Mothers given equal rights
Made it a criminal offence for a with men.
person with responsibility for a
child to cause them harm and The Guardianship Act
early mention of the welfare of 1973
the child considerations in court
proceedings
1/19/2025 Children’s Rights?
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