Child care: Welfare, protection or rights?

Abstract

This article begins by indentifying three central themes in the Children Act 1989, noting some convergence with the UN Convention on the Rights of the Child. It goes on to draw attention to certain “internal” tensions between these themes of “welfare,” “protection” and “rights.” It is suggested that these tensions necessarily create dilemmas of policy and practice which have to be resolved. Further, there are a number of factors external to legislation which intensify these conflicts—the ideological emphasis on parental responsibility and family-based problem solving on the one hand, and the economic and social pressures of increasing child poverty and family breakdown on the other. The result is that legislation intended to protect and promote children's interests can only be implemented selectively, and in ways contrary to its own spirit. The article concludes by arguing that well-intentioned legislation can only be implemented effectively within the context of a “social contract” for children, which guarantees basic standards, rights, welfare and protection, and which provides a positive basis for their growth and development