An argument for treating children as a ‘special case’

Book section : Chapter

This chapter’s argument stems from the premise that legal language should speak for itself. The ‘paramountcy’ principle suggests the prioritisation of children’s interests, and ‘children’s rights’ suggests some aspect of distinctiveness to children’s interests. But there is academic consensus in respect of both that children’s interests cannot and should not be prioritised over those of others. This chapter examines the justification for the contrary perspective, and for treating children as ...

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Authors: Ferguson, L

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Oxford University Press
• Host title: Philosophical Foundations of Children's and Family Law
• Chapter number: 11
• Pages: 227–254
• Publication date: 2018-03-01
• DOI: 10.1093/oso/9780198786429.003.0012
• EISBN: 9780191828690
• ISBN: 9780198786429
• Language: English
• Keywords: social construct; best interests; paramountcy principle; children’s rights; childhood; xequality; vulnerability; equal moral consideration; parental rights
• Subtype: Chapter