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WRITE A BRIEF CRITIQUE OF THE RESPONSE OF UK GOVERNMENTS TO THE UN CONVENTION ON THE RIGHTS OF THE CHILD. The United Kingdom ratified the United Nations Convention on the Rights of the Child on December 1991

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Introduction

WRITE A BRIEF CRITIQUE OF THE RESPONSE OF UK GOVERNMENTS TO THE UN CONVENTION ON THE RIGHTS OF THE CHILD. The United Kingdom ratified the United Nations Convention on the Rights of the Child on December 1991 and in doing so they accepted the obligations set out in the convention. Thereby holding themselves answerable for the conformity. Article 51 states that at the time of ratification, any state parties could express reservations on the provision. It went further that a reservation that was incompatible for the purpose of an object of the Convention would not be permitted (UNCRC 1989). Reservation may be withdrawn through laid down procedures. The United Kingdom's reservations at the time of the ratification were in the following areas. Immigration, Young offenders, Young working, and Children's hearing. Immigration. The UK made the reservation that it had the right to apply its own legislation to the issue of immigration Since the mid 1980s, legislative and policy changes have made the influx of refugees into the UK extremely difficult. From 1987 to 2000, efforts have been made to keep down the number of refugees. These measures affect the children as much as the parents. Jill Rutter mentioned that asylum seekers are liable to detention at immigration centres along with their children. This has an impact on the life of the refugee children and their best interests are not being sought after or non-discrimination irrespective of legal status. ...read more.

Middle

People living in poverty already might become disillusioned and the fear that things might get worse might incite them to attack refugees. However, barriers and social deterrent employed by UK against asylum seekers are too severe contrary to the UNCRC. This impacts on the way refugees are being treated. Young Offenders The reservation made by the UK regarding young offenders is in contradiction to article 37C and this also infringes on other provisions of children's rights. Children in such a place could be open to abuse and neglect. Children in such settings have been stereotyped and labelled so that the question of expressing their opinion and their freedom of expression may be difficult. Contrary to UK claims it may not be beneficial for children and adult to be in the same prison. The UK government did not define those benefits that will accrue to such a child. According to John Munice (1999), an offender that is under 17 in care of local government authority may be placed under the custody if uncontrollable. Therefore, it is not clear whether this children are put inside adult prison due to lack of accommodation or their behaviour. The underlying factor may be to deter them from committing further crime or to simply punish them. The situation is uncertain, while the law says that no one under 17 can be sentenced to imprisonment the number of juveniles locked up in adult's prison are on the increase. ...read more.

Conclusion

Children's Hearing as practised in UK (Scotland) is not in agreement with various articles of the UNCRC. Children are the deprived of their liberty for some days before attending the hearing and during the hearing they are not allowed legal representation. This is an infringement on their right especially when some of them are clueless as to why their liberty is being curtailed. Furthermore, judging from the wide range of offences referred to in Children's Hearing, for instance failing to attend school regularly, being beyond the control of parents, being exposed to moral danger these are problems in need of welfare and counselling and not restricting of their liberty. When a child is at risk during the time of consideration, it is then in the best interest of the child to restrict their liberty. Although this tribunal has its grey area, it has been shown to be effective in dealing with problems of children and preventing some of them from going into open care systems or locked up units. The decision taken there is not final because it is subject to appeal. In conclusion, the main strengths of the UNCRC is that the international community have joint responsibility in promoting the interest and well being of all children. However, its main weakness is that there is no formal device for complaints and no effective sanction for undermine the provision. Nonetheless, it has the potentials to be developed further and this can only be done by those who have responsibility towards the children and not the children themselves. ?? ?? ?? ?? ...read more.

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