Dalrymple and Burke present three different approaches to welfare when they produced three welfare models describing the influences they have provided for different groups. The first is the residual model where the families of the young people provide for their needs it is not the responsibility of the state, only if the young person is in extreme danger will the state intervene and provide the basic social minimum. The second model, the institutional model explains that the role of the state will provide for the poorest and most in need, social care workers will assess and decide that services are needed to help assist. The final model, the developmental model, which seems to be the ideal answer to a lot of the welfare problems, is to create a more just and equal society. The state provides services and social policies that help young people and their families help themselves. Social care workers encourage empowerment, advocacy and more community. Parents are the ones that are often promoting and assisting their children in their transisition from childhood to adulthood and with this help they are promoting the rights of young people.
When the courts intervene in order to protect the young from abuse and neglect or determining what should happen to the welfare of the young person it has to follow a welfare checklist that is included in the Children’s Act 1989, these are as follows:
1. The ascertainable wishes and feelings of the child concerned.
2. The child’s physical, emotional and educational needs.
3. The likely effect on the child of any change in circumstances.
4. The child’s age, sex, background and any characteristics that the court considers relevant.
5. Any harm that the child has suffered, or is at risk of suffering.
6. How capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs.
7. The range of powers available to the court under this Act in the proceeding in question.
When taking into consideration one should listen and take seriously what young people have to say on views concerning their well being. Although young people do not necessarily have the final decision regarding their well-being they still deserve respect and a decent standard of treatment as such young people’s rights are seen as integral with their welfare.
Rights
Most people in society have rights, provisions that one is entitled to regardless of what others may think. Young people should have the right to live their own lives, rights which go further than the ‘welfare rights’ of young people. Many people work and have a special commitment to ensuring these rights are upheld. There are three different approaches that are considered when discussing the rights of young people. The first being positivism versus natural law, while positivism is law made up by people making moral and political criticism of the law and the natural law being the legal system. The second being liberty rights versus welfare rights, liberty rights can be described as allowing the young person the freedom to choose their own life and be independent without adults authority. Welfare rights provide the basic provisions, care and protect the child. What young people choose as their liberty rights may not be in line with their welfare rights.
Authorities and courts take the young persons feelings and considerations into account when discussing their futures, so does this not give young people the right to participate in discussions and actions that involve their welfare, this means allowing them access to resources and information and actually changing practices affecting them. Also listening to their views and feelings and acting on their interests even when it is not on our own terms.
Thirdly there is procedural rights versus substantive rights, Procedural rights allow a young person the right to legal representations which could involve the right to make a complaint, they can ask a court to intervene and an independent authorative figure can decide on what should happen. This is important for young people, as they are in a powerless position themselves to argue their case. Substantive rights protect people’s interests like the right to receive suitable full-time education.
In the mid 1980’s a decision was made by Gillick, which was also included in the Children’s Act 1989, that older children who were mature enough had the right to make decisions for themselves he quotes as saying:
‘…Parental rights are derived from parental duty and exist only so long as they are needed for the protection of the person and property of the child…parental rights yields to the child’s rights to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision.’
Law card C2 includes references to parents having rights to enable them to safeguard and promote the welfare of their children. The child who is over the age of 12 is within the law to be able to express a view for themselves.
In December 1991 the UK government confirmed the United Nations Convention on the Rights of the Child (UNCRC), these rights involve liberty rights and welfare rights and apply to all persons under the age of 18. These rights were described as the three P’s. Provision is the first right which covers the basic welfare rights such as the right to education, health food and water. Secondly is Protection for the young person against abuse, exploitation and racism. The third is to allow young people to be active participants in society and to be involved in matters that affect them. Participation also involves consultation with young people allowing them to speak freely of their wishes and feelings and listening to what they have to say and act upon it, also allowing them resources and information to allow them to participate fully in decisions that concern them.
Young people are powerless especially when it comes to concerns for their welfare. The power structures that are within society restrict young people from having relevant information with regards to many services.
Adults and people that work with young people are regulated by law and have to do things accordingly especially when safeguarding a young persons welfare.
Whilst government agencies and courts try and make important contributions to the welfare of young people some structures of power can abuse the rights of young people and make them powerless. One way of easing the problem would be to allow the young people inclusion and active participation in creating institutions and processes and allowing them their own views in promoting their welfare.
This form of empowerment can enable young people to take action in order to improve their lives with the elements of developing a sense of self worth, being in a position to participate in decision making processes, having access and control over resources and having enhanced access to information.
For people that work and associate with young people empowerment is a crucial element that is helped if we adopt advocacy which would include giving the young person support, making information readily available, making sure the young person is allowed to make a choice and advising and assisting rather than persuading them in matters.
Chapter 5 Children’s Rights: Participation and dialogue by Jeremy Roche illustrates the law relating to children, he describes protection versus autonomy, where the courts consider and act on what they see as being the best for the child under the protection label and autonomy with the right to self government where the young person’s preferences are clearly stated and acted upon. This conflict arises in many discussions on children’s rights. However young people have been helped along with the implementation of the UNCRC’s emphasis on the right to participate (Article 12) in which young people can shape their own futures and make new demands on society.
Conclusion
Young people are classed as important contributors in political and social issues. The UNCRC and the Children Act 1989 promotes the young persons rights and responsibilities.
Some will say that giving children autonomous rights is wrong as they lack intellectual and emotional maturity and it can weaken parents rights within families, but the diversity and complexity surrounding youth giving them rights can only be seen as a way forward in delivering what is in the child’s best interests.
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