ABSTRACT

While the United Nations Convention on the Rights of the Child provides some guidance as to who is a child under international law, the European Convention does not address specifically the age at which a person may enjoy its rights. The treatment of the child born outside marriage has been one of the most prevailing forms of discrimination and the inferior position of such children has had the traditional aim of depriving them of their rights. Convention case law recognises the fundamental principle that law should protect children's welfare and afford them the protection necessitated by their vulnerability and lack of maturity. In light of the fact that it is an important function of the law to protect children from harm, it is justifiable to impose ages of consent in the area of sexuality notwithstanding the interference with a person's private life which it cause.