ABSTRACT
Arguing that the key difference between children's human rights and those of adults is the interplay between the State's protective role in relation to children, the responsibilities of parents for the upbringing of their child and the developing agency of the child, this chapter examines how the triangular relationship (State, parent and child) is reflected in human rights standards and the extent to which this impacts upon children's mental health care. It identifies three areas of uncertainty: how to determine a child's ‘decisional capacity’; whether (and if so, in what circumstances) children become the decision-makers; and the relevance of consent to the determination of a child's deprivation of liberty. Such questions highlight the need for a better understanding of the tensions created by the differing decision-making powers as between the State, parents and the child and how they might be resolved. This is essential if we are to ensure the protection and promotion of the rights of children in need of mental health care.
