Children's Rights

Children’s rights is an important element of every role which supports children and young people.  Teachers, social workers, nurses and doctors, advocates and children’s rights officers should all promote the rights of children.

It is important to remember that there are a number of different types of children’s rights which can be granted to children and young people –moral, philosophical and legal. 

Whilst moral and philosophical rights often communicate how children and young people are viewed and seen within society it is legal rights that can be claimed and defended within a court of law.

Legal rights can be introduced via a number of routes: 

• Rights may be legally acknowledged in an Act of Parliament – e.g. the Children Act 1989, the Human Rights Act 1998. 
• Rights may be written within statutory guidance that follows Acts of Parliament – e.g. ‘‘Get it Sorted’ (England) and ‘Providing Effective Advocacy Services for Children and Young People Making a Representation or Complaint under the Children Act 1989’ (Wales) provides guidance in delivering advocacy services
• Rights may follow ‘case law’ when legal judgements are made within a court hearing – e.g. Gillick -v- West Norfolk And Wisbech Area Health Authority  [1985] 3 WLR 830 [HL] led to the concept of Gillick competency as referred to within the Children Act 1989. 
• Rights may be written in a legally binding agreement, such as an international convention, and be formally adopted or ratified by countries – e.g. the United Nations Convention on the Rights of the Child (UNCRC).

If you would like to learn more about children’s rights please go to our bespoke training page and find out how to arrange an in house on ‘Promoting Children’s Rights’.

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