Abstract: Treatment and justice are not always compatible with one another, but care proceedings attempt a compromise between the two. The requirements of justice can inhibit the imposition of treatment techniques and children tend to have few legal rights in courts with a welfare orientation. Indeed, in the logic of welfare protectionism legal rights are unnecessary. The question frequently raised is ‘What does the child need to be protected from?’ More recently there has been growing interest in the rights of children, including their legal rights. Certainly the extent of legal representation of children has increased in recent years, but little consideration has been given to the role which the child’s lawyer should play. Should the lawyer represent the child or his parents, or both? Should he independently assess the child’s interests or follow the wishes of the parents? Should he act as an advocate for the child or as an officer of the court? These are difficult questions in themselves, but they beg a more important question. What do we want to achieve? Should we protect the child’s legal rights or try to promote his welfare? Should the lawyer try to get the child off or get appropriate treatment for him? Should he sacrifice the child’s legal rights if the child’s general welfare seems to require it? Should he look to the child’s legal rights and his welfare? This chapter looks critically at the current provision of legal representation and legal rights in those areas in which the state intervenes with the lives and liberties of children and their families.
Publication Year: 1980
Publication Date: 1980-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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