"Everything that is legal is not necessarily ethical" Critically discuss this statement, drawing on your knowledge and understanding of ethical and legal issues relating to research with children and young people.

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J A KNIGHTON

U4222403

JACQUELYN KNIGHTON

U4222403

TMA03

OPTION 1 – “Everything that is legal is not necessarily ethical” Critically discuss this statement, drawing on your knowledge and understanding of ethical and legal issues relating to research with children and young people.

In considering this question it is first important to define what is meant by legal, what is legal and what is not legal or illegal. Then it will be necessary to define what is meant by ethical, does the term ethical have different connotations in different circumstances or does it mean different things to different people? How are both legal and ethical characterised with regard to research involving children and young people. Having done this it should be possible to consider the statement and conclude if it is true or an exaggeration.

Masson in (Fraser et al 2004 pg 42) states that including child participants in research as respondents or interviewers raises legal dilemmas and ethical issues about children’s rights and the obligation of those carrying out the research. According to Masson there is a strong relationship between the law and ethics, but not all that is legal can be said to be ethical. Ethical practices seek to reach a higher plane than merely attaining legality. Having first ensured that what they plan is legal, researchers must then ensure that the research achieves the ethical standards which are set by the organisation funding their work, their own professional organisation and any other organisation which is involved in the research either directly or indirectly. It would not be considered acceptable to defend any proposed research solely on the basis that it meets all legal requirements. Despite  the legal definition of a child being all those who are under the age of 18, the law treats children of different ages differently taking into account, their age and stage of development. The law, however, generally makes no gender distinctions about the rights of children and young people.

The involvement of children and young people in research is a quite recent phenomenon, recognising the valuable contribution that this group can make to research topics. Research was in the past more likely to be conducted “on” children, particularly by those involved in educational or health research. Consent for the research was often sought from teachers or parents, but researchers rarely attempted to explain to children the purpose of their studies. In contrast to this researchers in the field of social policy, law and sociology tended to ignore children on the basis that they were considered incompetent, unreliable or that they needed to be protected, thus causing too many problem to include them as subjects in research. Both these approaches compromise research legally, ethically and in terms of research findings. (Masson Fraser et al 2004 pg 44) Thus research in these areas that doesn’t involve children is permitted within the law. It cannot be ethically right to draw conclusions without taking into account a child’ perspective on the issue involved.

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Of course it is easier to involve children in research when they are articulate. To involve children who are disabled or who have special educational needs or who’s families suffer from social exclusion is much more challenging and problematic. It is important to satisfy those responsible for these children that the children’s rights are safeguarded. However, it would be wrong if the law was seen as a barrier to the participation of these kinds of children in research. To interpret the law in such a literal and restrictive way is to undermine the very rights that it enshrines. In ...

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