BCL Law Notes Children, Families & the State Notes
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making the...
The following is a more accessible plain text extract of the PDF sample above, taken from our Children, Families & the State Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
PROVISIONS | ||
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Convention on the Rights of the Child | Article 14 | 1. States shall respect the right of the child to freedom of thought, conscience and religion. 2. States shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. Note: While noting general rights and responsibilities of parents, Article 14 reiterates these rights and responsibilities specifically. |
SEMINAR NOTES |
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(1) Theoretical literature Eekelaar: dominant model of English law (descriptively) — purposive abstention (ie. State deliberately chooses not to intervene in certain aspects of family law)
HOWEVER: Four key problems:
(2) Law on religious upbringing Model of abstention particularly influential in law on upbringing of children — State very reluctant to intervene unless children are harmed
What role, if any, should the religious beliefs and identity have in applying the welfare principle or determining whether the child has suffered ‘harm’?
Note: Only impose above obligations on people at point at which they come before the court EXAM: Good test case in relation to parental responsibilities/rights |
Children — Academic Commentary | |
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Langlaude 2008 | Children and Religion under Art 14 UNCRC: A Critical Analysis Argument: (1) Theoretical basis for right of child to religious freedom — interest theory: right is an interest that is deemed worthy of moral or legal protection
(2) Examining work of UN Committee on the Rights of the Child in relation to: concept of evolving capacities of the child; freedom of religious choice; freedom of manifestation; and education — Committee fails children in relation to their religion:
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Children’s Upbringing — Academic Commentary | |
Adhar and Leigh 2013 | ARGUMENT: (1) Courts should only restrict parental religious practice on solid evidence of actual harm (lower, welfare standard risks undermining parents’ religious rights)
(2) Children do not have an independent legal right of religious liberty (ie. no right separate from parents’ religious liberty) (3) HOWEVER: In children’s rights era, tentative signalling of potential acceptance of independent right of religious freedom
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Buy the full version of these notes or essay plans and more in our Children, Families & the State Notes.
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making the...
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