Best Interest Assessment

Great Essays
For anyone who is interested in human rights, thinking about the rights of the child is a fundamental starting theme. The word child refers to a human being between the stages of birth to a certain age although it differs from one society to another. Generally, the upper age limit for a human being to be referred as a child is 18 in many societies. Traditionally, caring for children starts in the family where a mother plays a central role in the child's overall development. Gradually, the concept of 'the rights of the child' have come about with the emergence of modern diverse society and complex family forms. Many international human rights treaties may have been used as guidance to protect the rights of the child. However, it is the United Nations Convention on the Rights of the Child (UNCRC), which was adopted in 1989, that sets the framework for the protection of the rights of the child. A central element of this act is protection of the child's 'best interest'. Best Interest Assessment (BIA) is basically evaluation of all the elements necessary to make a decision about a …show more content…
These reservations might have helped the United Kingdom from making unfavorable new amendments in its immigration laws and ensures respect to national laws despite being unfair to refugee children. There is no doubt that a narrow view towards the rights of children from perspective of national interest challenges international humanitarian laws and norms. The discrimination of children from ownership of certain rights based on some selected grounds is against the international human rights norms (Hammarberg, 1995; International, 1998; CRC, 1989; Fottrell, 2001). Moreover, article 19 of Vienna Convention on the Law of Treaties (VCLT) vividly outlines that states can reserve while signing a treaty except

Related Documents

  • Decent Essays

    The Canadian Council for Refugees (CCR) is a non-governmental umbrella organization, that focuses on the rights and protection of refugees in Canada. It is there belief that people have the right to live a dignified life and enjoy natural human rights that are laid out in international agreements. Furthermore, Canada has a responsibility to protect and aid in reconstructing the lives of refugees. While concentrating on the constant improvement of these rights, the CCR also assesses the Canadian governments policies regarding refugees and provides consultation to immigration authorities. This article discusses the unconstitutional, and direct contradiction to natural humanitarian rights by Bill C-31.…

    • 148 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    It outlines the duties and responsibilities of local authorities, other agencies throughout the UK, the courts and the child’s parents to ensure that children and young people are” safeguarded and their welfare is promoted”, that the child or young person is allowed to be a part of any decisions that will affect them personally and that they are asked about their feelings and wishes. The United Nations Convention on the rights of the child (1989) - this includes statements with regards to equality and equal opportunity for all children and young people under the age of 18 years old. It covers the topics of protecting their rights as an individual and way of promoting their general welfare. It says that all children should be treated equally no matter what their capabilities.…

    • 1505 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Nevertheless, we have looked at different views about the moral and legal concepts of children rights but also legal arguments in courts. We also discussed the concepts and a few theories about the nature of children rights, the UN Convention on the Rights of the Child, the Human Rights Act 1998 but above all the 1989 Children Act which came into force in 1991, and how these affects children as opposed to adults. In ‘Interest Theory of Rights’, MacCormick’s rightly argues that “each and every child is a being whose needs and capacities command our respect, so that denial to any child of the wherewithal to meet his or her capacities would be wrong in itself.” The 1989 Children Act therefore was passed to protect against the abuse and molestation of children by adults, of which some the abusers were their own parents or guardians.…

    • 1001 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    In 2004, Canada and the United States implemented the Safe Third Country Agreement – a bilateral agreement modeled after the (then) Dublin Convention of the European Union (Macklin, 2005; Arbel, 2013). As a vital bilateral agreement between Canada and the United States, has the Safe Third Country Agreement caused more harmful implications surrounding refugee claimants than beneficial? Indeed, the Safe Third Country Agreement has caused adverse implications for refugee claimants, as a multitude of criticisms have been raised over issues pertaining to national and border security, international law, and gender politics. First, “[m]any immigration restrictions adopted in the name of ‘national security’ violate the rights of refugees and asylum-seekers” and, thus, critics have raised concerns over the Safe Third Country…

    • 1852 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    All children and people should be able to relate to the charters in a…

    • 736 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    1:1 The National Union Conventions of the rights of a child of 1991 states that all children have the right to relax, play and join in with a wide range of activities. People working with children have to be aware of legislations that protect children. They must have the child's best interests at heart know that each child has the right to express themselves. • Children's act 1989- welfare of a child comes first and safeguarding children and the roles agencies play. 1 main key...…

    • 1051 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    European Journal of International Law 14 (2), pp. 241-264. [online]. Available at: http://ejil.oxfordjournals.org/content/14/2/241.abstract [accessed: Monday November 14, 2016] The Guardian. 2003. Joan Fitzpatrick: Human rights lawyer and activist, she fought for refugee rights.…

    • 468 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    which takes into account the child 's age and the desirability of promoting the child 's reintegration and the child 's assuming a constructive role in society.” These ideals laid out in the UNCRC are also expressed or at least very similar to those that are stated within the…

    • 650 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Annotated Bibliography

    • 1618 Words
    • 7 Pages

    This 94 page report explores many aspects of the system of care for disabled children exposing the effects of lack of access to stimulation and attention, adequate nutrition, health and rehabilitation and the use of physical and chemical restraints to control behaviour which leads to physically and cognitively undeveloped children. The intentions of the Human Rights Watch is to expose these facts to the worldwide public to place pressure on officials to make change and have these childrens’ rights returned. The Human Rights Watch report is a reliable source as it is a well-known, respected organisation that uses its own primary sources at 10 different institutions to provide accurate and current statistics that can be used to support the rationale’s argument. The report does not appear to be bias as it credits the efforts that the Russian government has begun to make improvements. This report provides the organization’s recommendations for overcoming this human rights violation and also provides information on alternative strategies.…

    • 1618 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    (Suggestion: Provide insight into what rights are granted, protected, and can be removed because of the legal procedures.) The Children’s Code (2014) is important for several reasons. First, the code is a legal binding that protects children and unborn children, preserves the family and assists parents, when appropriate, with receiving resources. It also provides courts, who are primarily responsible for child welfare, a way to help parents change home conditions.…

    • 967 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    IDENTIFY ANY DOMESTIC/ INTERNATIONAL LAWS • Article 25 of the Universal Declaration of Human Rights states “Motherhood and childhood are entitled to special care and assistance. All Children whether born in or out of wedlock, shall enjoy the same social protection” . Article 25 arguably establishes the basis for rights to Children.…

    • 786 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Australian administrative body has realized the fact that there are certain parental responsibilities which are supposed to be performed by the parents, caregivers to the children as the necessities of life, and include – financial support, food, clothing, accommodation, healthcare and access to education. The children who are included under this provision are usually up to the age of 16 years; children of older age are also included under certain special circumstances like disabilities. The duties also include the protection of the children from any kind of harm which may affect them severely as a result of abuse and neglect. In Australia, the failure by a parent to provide the basic needs that a child is required, or to protect from any harm which is a consequence of abuse or neglect, amounts to an offence under the general law of land. The child protection law is strict enough to expose the abusive and neglecting parents or care givers to criminal proceedings as the consequences of the criminal conviction.…

    • 890 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Crpc Informative Speech

    • 1290 Words
    • 6 Pages

    Parents-rights groups believe that the treaty would impair their parenting rights (“Why”). The CRC states that children's rights can no longer be viewed as an option, and that children are no longer considered “property” to their parents/guardians (“Understanding”). Signing this treating will mean an overpowering of previous laws put into place to protect children. They have already signed on some the optional protocols from the CRC (Collins). The protocols take control of the involving children in armed conflict, the sale of children, and child prostitution…

    • 1290 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Every Child Matters 2005 1.2 Why is it important to support the rights of all children and young people to participation and equality of…

    • 836 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    does not want to be responsible for Syrian refugees or anything happening in the Middle East. The 1951 Refugee Convention was adopted after World War II, rights that the countries who signed are obligated to give the migrants are: -The right to not be punished for illegally entering countries that signed on to the…

    • 949 Words
    • 4 Pages
    Superior Essays

Related Topics