English Child Law
"...what society believes is best for children consists of indeterminate and largely speculative ideas, often deeply ambiguous, often not entirely child-centred...[d]ecisions do not represent absolute truths, but value judgments firmly rooted in prevailing societal experience and produced by particular social interests." (Maidment. 1984:11) Discuss in relation to English child law. What society believes is best for the child is based on ideological constructs of what is best for society in general and thus the welfare of the child simply falls in line with the overall social mores, values and interests of the time as fashioned by the political majority. Child law is a powerful medium with which to promote particular political and social interests based as it is within the family and focused as it is, on the mature citizens 'of tomorrow'. Any society looking to mould their culture in a certain way, will find it desirable to have a guiding hand in the issues which comprise and surround child law. The custody of children after their parents divorce for example, is an issue in which the matter is a cause of concern not only for the parties directly involved (parents, children) but also for society at lar
Denmark may have as one of its social engineering aims, the desire for a perfectly non-violent society and one of the best ways to achieve this would be to start within the family home. This subtle change can only be made if children are viewed as rational and relatively mature beings. The institutional means by which children are raised and taught the value systems of their particular society vary over a range of social groups as well as within individual social groups. Post the decision in A v UK ; (A v United Kingdom (Human Rights: Punishment of Child) 1998 2 FLR 959) where the UK was required to change its law so as to ensure that it would succeed in protecting children from 'inhuman and degrading treatment', the government published in 2001, an "Analysis of Responses to 'A Consultation on the Physical Punishment of Children'" where they stated that 'we sought to balance the need to safeguard children from harm with the need to support parents and to promote family life. The English political and social attitude is one of: 'my child, my house, my rules'; an attitude which is also manifested in the issue of sex education in schools. According to certain feminists, the enhancement of fathers' rights with regards to their children will serve to increase their control over women. When a court is asked to decide on any issue involving the upbringing of a child, the child's welfare is obviously the primary consideration, however, in assessing on the welfare for the child, the courts unavoidably give significant weight to the wishes of the parents. This is not to suggest, by making this distinction that the wishes of the parent and the wishes of the child can never coincide, but there will be instances when the two do diverge and at that time, one wonders whether the court will, despite the wording of section 41 of the Matrimonial Causes Act 1973 or section 11 of the Family Law Act 1996, give ultimate priority to the wishes of the child over the desires of the parent. Critics of this position include Richards who is of the belief that access to the child is too important to be left to the whims of a custodial parent. It is submitted that the rights of men and women should not be seen as things to be viewed as inversely proportional where if one increases, the other decreases. As a general concept, what is best for the child is not decided by children, but by adults, thus from the outset, not only will child law be on shaky ground if described as 'made by children', it will also come under fire if described as 'for the children'. When one considers the 'welfare of the child' is the dominant concept one of protection of the child, or rights for the child? The former will have the effect of both the state and the parents having the 'rights' to do things to children 'for their own good' while the latter may focus more on the 'responsibility' of the parents and the state to base their decisions solely on the children's welfare, and not simply what they themselves would consider best. ' Why is it that Denmark, for example, who would also have sought to balance similar issues, had as their end result a law prohibiting physical punishment? It is not to say that England has shown a gross disregard for the health and well-being of its young citizens by not installing such a law, but it does flag up the cultural differences and the differences in social interests and goals between the two countries.
Common topics in this essay:
United Nations,
Freud Solnit,
,
Punishment Children',
United Kingdom,
Movement' Child,
Law Act,
Carol Smart,
Farell Smith,
Male Female,
child law,
child custody,
gender equality,
welfare child,
sex education,
non-custodial parent,
physical punishment,
education schools,
fathers' rights,
social engineering,
sex education schools,
issues gender equality,
english child law,
contact non-custodial parent,
father-related property model,
|
Acceptance Essays
