Legislation

The key pieces of domestic English and Welsh legislation addressing this topic are the Human Rights Act 1998 and the Children Act 1989. As with all legislation, we recommend that you avoid legislation.gov.uk, and instead refer to a subscription database such a Lexis or Westlaw. This will ensure that you are working with an up-to-date version.

 

UN Convention on the Rights of the Child

The most widely ratified human rights treaty contains 54 articles covering all aspects of a child’s life.

https://www.unicef.org.uk/what-we-do/un-convention-child-rights/

 

UN Committee on the Rights of the Child

The Committee on the Rights of the Child (CRC) is the body of 18 Independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties. This page contains lots of resources on aspects of children’s rights work across the UN, including optional protocols covering specific aspects of children’s rights.

https://www.ohchr.org/en/hrbodies/crc/pages/crcindex.aspx

 

Philip Alston, John Tobin, and Mac Darrow, ‘Laying the Foundation for Children’s Rights’,(2005) 10 Innocenti Insights

An independent study of some key legal and institutional aspects of the impact of the Convention on the Rights of the Child.

https://www.unicef-irc.org/publications/385-laying-the-foundations-for-childrens-rights.html

 

European Convention on Human Rights

This Convention was incorporated into English and Welsh law by the Human Rights Act 1998.

https://www.echr.coe.int/Documents/Convention_ENG.pdf

 

European Union Agency for Fundamental Rights and Council of Europe, Handbook on European Law Relating to the Rights of the Child (2015)

This handbook looks at the rights held by children by theme, such as children’s rights in the criminal justice system and children and family life, and covers the relevant legislation and case law. Although it relates primarily to the European Convention on Human Rights, it also considers the Court of Justice of the European Communities and the UN Convention on the Rights of the Child. A very good source.

https://www.echr.coe.int/Documents/Handbook_rights_child_ENG.PDF

 

Key children’s rights cases dealt with by the European Court of Human Rights

This is the factsheet on the key children’s rights cases dealt with by the European Court of Human Rights.

https://www.echr.coe.int/Documents/FS_Childrens_ENG.pdf

 

R v Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others [2005] UKHL 15

This Supreme Court case addressed whether the prohibition on corporal punishment in schools was incompatible with the parents’ rights to discipline their children, and to delegate this right to the school. The parents believed that corporal punishment was part of their religious faith and entitled to protection under Article 9 European Convention on Human Rights.

https://publications.parliament.uk/pa/ld200405/ldjudgmt/jd050224/will-1.htm

 

Council of Europe, Guidelines of the Committee of Ministers of the Council of Europe on Child-Friendly Justice (2010)

These guidelines promote the interests of children in all areas of the justice system across Council of Europe signatory states. It aims to ‘contribute to the identification of practical remedies to existing shortcomings in law and in practice’ and to ‘serve as a practical tool for member states in adapting their judicial and non-judicial systems to the specific rights, interests and needs of children’.

https://rm.coe.int/16804b2cf3

 

Council of Europe resources on the corporal punishment of children

This page links to all elements of the campaign to abolish the corporal punishment of children. It includes links to progress across Europe, case law, and campaign materials.

https://www.coe.int/en/web/children/corporal-punishment

 

Council of Europe, Children and Corporal Punishment: The Right Not to Be Hit, Also a Children’s Right (2008)

This Issues paper published by the Council of Europe Commissioner for Human Rights explains why corporal punishment should be prohibited and provides background information on steps already taken by international and European human rights mechanisms towards a full prohibition.

https://rm.coe.int/16806da87b

 

Office of the Children’s Commissioner

The Children’s Commissioner for England was appointed on the recommendation of the Victoria Climbie Inquiry. The role of the Commissioner is to ‘speak up for children and young people so that policymakers and the people who have an impact on their lives take their views and interests into account when making decisions about them’. The Commissioner for Wales is specifically tasked with supporting children and young people to find out about their rights under the United Nations Convention on the Rights of the Child (UNCRC). Both Commissioners have statutory powers.  

For England: https://www.childrenscommissioner.gov.uk/

For Wales: https://www.childcomwales.org.uk/

 

Supreme Court Justices’ Speeches

Lady Hale, ‘Who’s Afraid of Children’s Rights?’ (2013)

https://www.supremecourt.uk/news/speeches.html