ABSTRACT
This chapter presents four fundamental principles of a children’s rights approach to decisional privacy, which are situated within the formulation and understanding of children’s rights contained in, and the values embraced by, the United Nations Convention on the Rights of the Child. The first principle is that children are rights-bearing subjects with interests that are distinct from those of their parents and other family members. The second principle is that children must be able to exercise autonomy in the enjoyment of their rights, consistent with their evolving capacities. The third principle is that, in light of children’s relative vulnerability and immaturity, parents must provide appropriate direction and guidance to their children in the exercise of their rights. The fourth principle is that children must participate meaningfully in decision-making about their lives. Collectively, these principles present a conceptual framework for analysing how children’s right to decisional privacy should be recognised, interpreted and achieved. This chapter also identifies various factors that may inhibit judges from embracing, or alternatively, may encourage judges to embrace, a children’s rights approach to decisional privacy in their decision-making.
