Abstract
The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.
Highlights
This chapter explores the current interaction between the parent and the child which is viewed as a split of duties and responsibilities resulting in antagonism between parental and children’s rights
Article 18 of the UNCRC stipulates that parents have a shared fundamental responsibility for their children’s upbringing and that State Parties shall provide the right assistance to parents and legal guardians in performing their child rearing responsibilities
This chapter has examined the current interaction between the parent and the child viewing it as a split of duties and responsibilities
Summary
This chapter explores the current interaction between the parent and the child which is viewed as a split of duties and responsibilities resulting in antagonism between parental and children’s rights. Many debates on children’s law are about the indefiniteness, imprecision or open-endedness of the principle of “best interests of the child” working benchmark [5]. The present relationship between the parent and the child is regarded as a split of duties and responsibilities This relationship has resulted in antagonism between parental and children’s rights [6]. Article 18 of the UNCRC stipulates that parents have a shared fundamental responsibility for their children’s upbringing and that State Parties shall provide the right assistance to parents and legal guardians in performing their child rearing responsibilities.
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