Cookies

We use cookies to ensure that we give you the best experience on our website. You can change your cookie settings at any time. Otherwise, we'll assume you're OK to continue.


Durham Research Online
You are in:

Clashing rights, the welfare of the child and the Human Rights Act.

Fenwick, H. M. (2004) 'Clashing rights, the welfare of the child and the Human Rights Act.', Modern law review., 67 (6). pp. 889-927.

Abstract

Under the Human Rights Act so far there has been until very recently little judicial or even academic recognition of the difference between resolving clashes of Convention rights and addressing conflicts between utilitarian concerns and such rights. This article has chosen to illustrate that failure of recognition and to consider methods of resolving the conflict between rights, by concentrating on one particular clash of rights – that between media free speech under Article 10 and the privacy of children under Article 8. It argues for presumptive equality for the two rights and for conducting a 'parallel analysis' of their application to the circumstances of a particular case. It contends that therefore the principle that the child's welfare is paramount must be abandoned in its present form, as must the presumptive priority accorded to Article 10 where that principle is not found to apply.

Item Type:Article
Keywords:Child, Privacy, Rights, Welfare.
Full text:Full text not available from this repository.
Publisher Web site:http://dx.doi.org/10.1111/j.1468-2230.2004.00517.x
Record Created:11 Aug 2008
Last Modified:19 Mar 2010 15:55

Social bookmarking: del.icio.usConnoteaBibSonomyCiteULikeFacebookTwitterExport: EndNote, Zotero | BibTex
Usage statisticsLook up in GoogleScholar | Find in a UK Library