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University of Nottingham

Michael Freeman Hamlyn Lecture 2015


Always a privilege to listen to England's most prominent legal scholar on children's rights! Professor Freeman's presentation was structured aroun the 4 General Principles of the UN Convention on the Rights of the Child (UNCRC). One point that stood out for each of the Principles were the following:

Non-discrimination principle (Article 2):

- One discriminationis left, children do not have the right ot vote. According to Professor

Freeman we should give the vote to everyone

Best interest principle (Article 3):

- Different societies have different perceptions of what is in children's best interest. Arguments

why children should come first are because:

  1. children are vulnerable in a world run by adults

  2. children are our future and deserve the opportunity to become successful adults

  3. we invited them to our party

Right to life, survuval and development (Article 6):

- It is a global responsibiliy, not just a state responsibility

Participation principle (Article 12)

- This is intimately linked with the question of being and becoming and children (as well as adults)

are both

Interpretations develops over time, the UNCRC is a living instrument but with obvious gaps such as some marginalised groups - the girl child, gay children, migrant children etc. Protocols address some off these gaps but the monitoring process is weak, and recommendations often ignored.

Some criticisms were adressed, notably that the UNCRC is seen as anti-family, especially in the USA. However, on closer examination, not only does the Preamble identify the family as fundamental but the UNCRC contains 8 Articles that also puts parents first.


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