Law commission conference 14th programme of law reform

Whewell, Emma; Shah, Shilan

Abstract

It is contended that::

Children and young people are not being listened to sufficiently or given an effective voice before, during or outside family proceedings which causes them suffering;

The rights afforded to children and young people under the United Nations Convention on the Rights of the Child (‘UNCRC’) 1989 are not sufficiently accessible to children and young people in England and not sufficiently enforceable;

The most effective way to ensure that the spirit and letter of the Convention is upheld before, during and outside family proceedings is to incorporate the Convention directly into English Law.

The problem is complex. It involves international, constitutional, and domestic law, ethics , policy and practice. It raises issues of respect for human rights, dignity, culture, citizenship and equality. Consideration must be given to children’s evolving capacities and competence. Contradictions and ambiguities must be recognised. Difficult conflicts between the rights of adults and parents, and the rights of children and young people need to be addressed explicitly and balanced.

Potentially, the problem affects all children and young people:

Outside court proceedings (for example, voluntary reception into local authority care under Section 20 Children Act 1989 );

Prior to the issue of family court proceedings (the ‘pre-proceedings stage’ in the context of child protection; and alternative dispute resolution stage in the private law context); and

During family court proceedings, as well in relation to education, juvenile justice, welfare and immigration.

Especially vulnerable groups, such as children from Black, Asian and minority ethnic backgrounds, children with disabilities, and refugee children, may be affected more severely.

Respectfully, the Law Commission is invited to review the issue and direct incorporation into English Law of Article 12 of the United Nations Convention on the Rights of the Child.

• Report Type: Policy Document
• Deposit Date: May 24, 2023
• Publicly Available Date: May 25, 2023
• Keywords: Law commission, law reform, law
• Public URL: https://uwe-repository.worktribe.com/output/10551483
• Related Public URLs: https://www.lawcom.gov.uk/; ; https://www.lawcom.gov.uk/document/14th-programme/
• Additional Information: On 31st July 2021, Shilan Shah and I submitted a written contribution to the Law Commission's 14th Law Reform Programme consultation process. ; ; (According to the update on the 14th Programme of Law Reform released by The Law Commission in February 2023, no decisions have been made yet as to which recommendations for law reform will be chosen for review.)