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Back to Top The United Kingdom is party to numerous treaties regarding the rights of children, notably the Back to Top The United Kingdom does not have a written constitution that provides any guarantees regarding access to healthcare.It does, however, have a comprehensive national health service founded on the principle of providing treatment according to clinical need rather than the ability to pay.Back to Top There are extensive laws and regulations regarding child labor and exploitation in England and Wales.The main legislation restricting the use of children in employment is the Children and Young Persons Act 1933. The term “child” in this context is defined as anyone of compulsory school age (up to age sixteen). The general rules are that no child may be employed under the age of fifteen years, or fourteen years for light work; be required to work during school hours; before 7 a.m. on any day; or be required to work for more than two hours on any day they are required to attend school, for more than twelve hours in any week they are required to attend school; or for more than two hours on Sundays.There are numerous pieces of legislation that provide children with rights in the areas of education, medicine, employment and the justice system.
in an emergency or if the treatment is trivial.” When children reach the age of sixteen, provided they are mentally competent, they are considered to be and capable of consenting to treatment themselves. Prior to this age, however, a child that has achieved a sufficient degree of understanding and intelligence regarding any treatment that he or she is about to undergo may be considered competent and capable of providing valid consent to this treatment.
LEAs have a duty to identify children with special needs and to then make an assessment of what needs they have and then to make a statement of these special needs, to include details of the assessment and the special educational provisions that are to be made to meet these needs.
The statement includes the type of school or institution the LEA considers to be appropriate for the child, or to specify the name of the mainstream public school that it considers appropriate for the child, and any special educational provisions that it considers necessary. It is currently general policy to include special needs children into mainstream public schools unless this is incompatible with the wishes of the parents or would have a negative impact on the efficient education of other children. If the statement of special needs names a public school, that child must be admitted to that school. There is no longer a right for teachers or any member of staff to administer corporal punishment to pupils because it is considered that “it cannot be justified in any proceedings.” Members of staff of schools may use reasonable force to restrain pupils from committing an offense, causing personal injury or damage to property or prevent them from engaging in any highly disruptive behavior in school. Discipline in schools in England is primarily achieved through after school detention, sanctioned under the common law, and typically requires parental consent or notice. The ultimate sanction for repeated bad behavior is exclusion from the school, either on a temporary or permanent basis.
This report does not address children’s rights in Scotland or Northern Ireland, although a number of the provisions discussed in the paper may also apply to them.
The common law in England and Wales provides that the responsibility for the care and protection of children is with their parents “as guardians by the law of nature, and on the Crown as ” with the powers of a child’s parents somewhat limited in certain areas by law.
This Act introduces the term ‘parental responsibility’ rather than the common law concept of custody.