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KLAW 403-Children and Law Course outline 2013 Academic Year
A. Introduction
The course on Children and Law interrogates the theories, principles and normative
standards relating to the legal approaches to the status of childhood. For example,
whereas minority ends at 18 years, the needs and interests of infants under 1 year
might be significantly different from those of teenage children above 15 years. This
poses theoretical complications for designing policies and laws for regulating the lives
and rights of children as a distinct category. In the 20th century, there has been
progressive recognition and codification of principles for the protection and
promotion of the rights and welfare of children in international law. This process has
witnessed legalization of the moral claims of childrens rights in the UN Convention
on the Rights of the Child 1989 (hereinafter, the Child Convention). Following the
adoption of this Convention, childrens rights have been enacted in various regional
and national human rights systems. It is important to review these developments and
investigate whether the adoption of legal texts has had any impact on the lives of the
worlds children.
B. Course Content
Ten topics are selected for study this year. These are described below.
1. Unborn child and the Law
2. Theories of childrens rights and welfare
3. International protection of childrens rights
4. Economic and social rights of children in the developing world
5. Child labour and economic participation of children
6. Legal framework for the protection of childrens rights in Kenya
7. Best interest principle, child rights and end of childhood
8. Parental responsibility and human rights
9. Child offenders and the law
10. Private sector, NGOs and child welfare
Other cases
Paton v. British Pregnancy Advisory Service Trustees [1978] 2 All E.R. 987.
Paton v. UK (1981) 3 E.H.R.R. 408 (Eur. Comm. H.R.)
Re F. (In Utero) [1988] 2 W.L.R. 1288. Compare the judicial approaches of English
courts and the UKs declaration upon ratifying the CRC
Evans v. Amicus Healthcare Ltd and Others [2004] E.W.C.A. Civ. 727.
Evans v. UK (Application No. 6339/05 ECtHR Grand Chamber, decided 10th April
2007). Note that Natalie Evans case failed in the HC, CA and the ECt HR.
A, B and C v. Ireland (2009) ECtHR The Irish Times Wednesday 9th December 2009.
N.V. Lowe, Wardship and Abortion prevention- Further Observations (1980) 96
Law Quarterly Review 29
Nicolette Priaulx, Rethinking progenitive conflict: Why reproductive autonomy
matters (2008) Medical Law Review 169.
Traditional approaches to law, human rights and governance tend to target states and public
authorities. However, this approach is inaccurate and fails to recognise that the international
political economy of the twentieth century incorporates the engagement of both states and
non-state actors on the global and local scenes. The movement for the international protection
and promotion of childrens social rights and welfare can be traced to private civil society
initiatives relying entirely on the capacities and goodwill of non-state actors. Long before
governments could develop child welfare programmes and departments or negotiate the text
of the Child Convention, voluntary agencies including individuals, non-governmental
organizations, churches and charities had established facilities and arrangements for
1 Hugh Cunningham, Children and Childhood in Western Society since 1500 (London Longman, London 1995)
pp. 134-137, arguing that it was only in the 1880s that governments realised the need for state intervention to
secure the welfare of children and began to take over from philanthropy the key role in so doing.
2 Adopted by the General Assembly of the League of Nations resolution O.J. Spec. Supp. 21 of Sept. 26, 1924.