The Open UniversitySkip to content
 

Children's bodies: the battleground for their rights?

Montgomery, Heather and Cornock, Marc (2013). Children's bodies: the battleground for their rights? Journal of Commonwealth Law and Legal Education, 9(1) pp. 19–34.

Full text available as:
[img]
Preview
PDF (Version of Record) - Requires a PDF viewer such as GSview, Xpdf or Adobe Acrobat Reader
Download (1MB) | Preview
Google Scholar: Look up in Google Scholar

Abstract

The UNCRC has changed profoundly ideas about adult/child relationships and there is now an acknowledgment in both law and policy that children have a right to be consulted and to participate in decisions made about their lives. This has been widely discussed and critiqued and one of the most significant battlegrounds for debate has been children’s rights to consent or refuse medical treatment and the issue of exactly who has the right to control children’s bodies. This article will compare several cases where the English and Scottish courts have made various decisions and rulings about the extent to which children do have rights to control their bodies. It will question why, twenty years after the UK ratified the UNCRC, children are still considered incompetent in matters concerning their own bodies, unless proved otherwise, while adults are automatically considered competent unless shown not to be and will analyse whether this situation is compatible with a children’s rights agenda.

Item Type: Journal Item
Copyright Holders: 2013 The Authors
ISSN: 1750-662X
Keywords: children’s rights over their bodies; participation; reproductive and sexual health; anorexia; UNCRC
Academic Unit/School: Faculty of Wellbeing, Education and Language Studies (WELS) > Education, Childhood, Youth and Sport
Faculty of Wellbeing, Education and Language Studies (WELS)
Faculty of Wellbeing, Education and Language Studies (WELS) > Health, Wellbeing and Social Care
Interdisciplinary Research Centre: Centre for Research in Education and Educational Technology (CREET)
Childhood Studies
Item ID: 37480
Depositing User: Marc Cornock
Date Deposited: 24 Apr 2013 08:27
Last Modified: 27 Jun 2017 11:27
URI: http://oro.open.ac.uk/id/eprint/37480
Share this page:

Download history for this item

These details should be considered as only a guide to the number of downloads performed manually. Algorithmic methods have been applied in an attempt to remove automated downloads from the displayed statistics but no guarantee can be made as to the accuracy of the figures.

Actions (login may be required)

Policies | Disclaimer

© The Open University   + 44 (0)870 333 4340   general-enquiries@open.ac.uk