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Fundamental principles in the law relating to children
- Is the welfare principle as contained in s 1(1) of the CA 1989 preferable to that contained within Article 3(1) of the UNCRC? Is the breadth of the principle in Article 3 of the UNCRC a strength or a weakness?
- What do (i) the ‘parental involvement presumption’ in s 1(2A) of the CA 1989 and (ii) Munby LJ’s judgment in Re G (Education: Religious Upbringing) [2012] EWCA Civ 1233, tell us about the meaning of welfare? Are the two compatible?
- Would greater use of ‘scientific’ evidence help address concerns about the indeterminacy of the welfare principle? What does Kaganas’ critique of the courts use of ‘child welfare knowledge’ add to the debate?
- Is the way in which the European Court of Human Rights approaches establishing ‘family life’ between unmarried fathers and their children acceptable in contemporary society?
- What are the problems with a rights-based approach to family disputes? Do these problems justify continuing adherence to the paramountcy principle? Do you think that the same criticisms apply to a rights-based approach focused on ECHR rights as to one focused on UNCRC rights?
- Is the interest theory of rights simply welfare by another name?
- If you were the judge, what would you have done in the case of Yates v Great Ormond Street Hospital [2017] EWCA Civ 410? What factors would you have found particularly persuasive in reaching your decision?