ABSTRACT

The ‘welfare principle' applies principally in situations where a court of law is considering questions relating to the upbringing of a child, but also operates more widely as a guiding principle in relation to the care of children. Before turning to the fundamental principles of welfare and safeguarding, the concept of parental responsibility and its continuing relevance is introduced. The safeguarding principle is relevant to all aspects of decision-making relating to children. Safeguarding children includes the duty to protect children from being drawn into extremism through radicalisation. The right to equality and freedom from discrimination on any basis is a fundamental requirement of a fair society and all children have the right to equal status in society. The right to an identity includes gender identity and the issue of gender is currently one being addressed both by governments and by the courts.