chapter  5
42 Pages

Divorce: The Contemporary Process

The concept of parental responsibility (PR) and the philosophies entrenched in the Children Act (CA) 1989 section 1 negates the growing importance of children's rights. The UN Convention on the Rights of the Child (UNCRC) does not have the force of law in England and Wales, despite some of its concepts being enshrined in the CA 1989. Its status thus differs from that of the Convention on Human Rights, which is incorporated into English law by the Human Rights Act (HRA) 1998. The court retains a right to intervene in the decisions of such children where in refusing medical treatment such decisions pose a threat to those childrens lives. The concept of PR acknowledges that the childs relationship with parents and State is one in which the child has some rights and parents and the State have more duties and obligations than rights.