A human rights–based approach

This chapter introduces a human rights–based approach, which uses the Convention on the Rights of the Child to provide a more fulsome account of the child’s objective interests that the state should protect and how these interests should be considered in the context of the interests of others. Under a human rights–based approach a child is recognised as a distinct individual and a rights-bearer. This provides a basis to understand the roles of parents, doctors, and the state in upholding a child’s best interests. Whilst there has been scepticism about the utility of human rights in these cases, it is argued this scepticism generally reflects a superficial approach to human rights and that a more substantive approach may address many of the concerns raised.