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The importance of a children's rights perspective in litigation Freeman, Michael

By: Material type: ArticleArticleSeries: Butterworths Family Law JournalPublication details: Wellington Butterworths 1996ISSN:
  • 1350-2778
Subject(s): In: Butterworths Family Law Journal 2(4) December 1996 : 84-90Summary: This article outlines the principal requirements of the United Nations Convention on the Rights of the Child (1989) and explores its impact on New Zealand law. It argues that the Convention can be used by ministries and various institutions. In particular, it suggests that it could be used in litigation, by lawyers arguing cases and by Judges in reasoning their judgments. The article expresses concern at the position of the child in some family group conferences and at the New Zealand stance on corporal punishment. An argument is made that to protect children it is essential to recognise their rights. Emphasis is placed on using the Convention to instigate changes by using it as an interpretation aid.
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Butterworths Family Law Journal 2(4) December 1996 : 84-90

This article outlines the principal requirements of the United Nations Convention on the Rights of the Child (1989) and explores its impact on New Zealand law. It argues that the Convention can be used by ministries and various institutions. In particular, it suggests that it could be used in litigation, by lawyers arguing cases and by Judges in reasoning their judgments. The article expresses concern at the position of the child in some family group conferences and at the New Zealand stance on corporal punishment. An argument is made that to protect children it is essential to recognise their rights. Emphasis is placed on using the Convention to instigate changes by using it as an interpretation aid.