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Title: ‘Where do I stand? Assessing children’s capabilities under English Law’
Authors: Watkins, Dawn E.
First Published: 31-Mar-2016
Citation: Child and Family Law Quarterly, 2016, 28 (1), pp. 25-44
Abstract: This paper sets out the findings of a doctrinal study that has sought to establish a child’s ‘standing’ under English law, focussing primarily on children aged 7-11 years. It will demonstrate that the legal provisions that apply to children’s everyday lives are piecemeal and inconsistent, but more importantly, it will argue that even though the child possesses a broad range of rights under the UNCRC, he or she is much more clearly recognised and acknowledged as a wrongdoer than a ‘right-doer’ under English law. Following a close analysis of Article 12, the author goes on to discuss emerging scholarship concerning the capabilities approach and its relationship to children’s rights. This is then suggested as a possible basis for shifting our thinking and practice in this area; from a place that recognises children’s capacities not only as wrongdoers and as rights holders, but also increasingly as ‘potentially competent’ social actors and influencers. .
ISSN: 1358-8184
Embargo on file until: 31-Mar-2018
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2015, Jordan Publishing.
Appears in Collections:Published Articles, School of Law

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