ABSTRACT
With the formulation of the United Nations Convention on the Rights of the Child and with the passing of the Children Act 19891 the debate about children’s rights has taken on new significance. Although in England the signs were already there with the Gillick decision in 1985,2 particularly with Lord Scarman’s emphasis on an adolescent’s decision-making competence being tied to understanding and maturity rather than chronological age, autonomy has come to the fore in the Convention and the Children Act. Yet the old equation of children’s rights with protecting their welfare, with their best interests, also remains in both of these normative statements. Has the debate then been resolved in an unsatisfactory compromise or can the two views stand together? And what are we to make of Education Acts and accompanying literature which seem to ignore the newer focus altogether, or a least underplay it? This chapter addresses these issues. But first, why is it important to think that children have rights?
