Human rights obligations and policy supporting children and families. JRF Findings

Abstract

. Henricson C. & Bainham A. ( 2005 ) . Available at http://www.jrf.org.uk/knowledge/findings/socialpolicy/0255.asp Background and methods Governments face a considerable challenge in balancing the needs of children, on the one hand, with those of parents and the wider community on the other. This study, by Clem Henricson of the National Family and Parenting Institute and Andrew Bainham of the Faculty of Law at the University of Cambridge, aims to stimulate debate about the tensions in family and child policy by reviewing government policy in the context of international human rights commitments, such as the European Convention on Human Rights. It explores ways of reconciling differing interests to the maximum benefit of all family members.Results Human rights commitments require the government to formulate policies that take account of the rights and needs of children and parents, but these needs are often competing. Progress in balancing individual and collective needs of different family members across policy areas varies. Children's welfare has dominated both the social exclusion agenda and issues of residence and contact. In both cases, this may have been to the detriment of the rights of parents and other adults. In education, the balance is in favour of parents’ rights; children do not have rights to representation, consultation or choice. Tough youth justice measures promote the welfare of society above the rights and welfare of children and their parents. As such, they risk breaching the spirit, if not the letter, of the UN Convention on the Rights of the Child and the European Convention on Human Rights. The greatest balance has been achieved in managing commitments to universal family support alongside investment in child protection. Conclusions The field would benefit from an overarching child and family policy that takes account of the separate and collective needs and rights of family members; Such a policy would need underpinning by a consideration of human rights to ensure that the entitlements of individuals are protected and balanced across the generations.