Balancing Children's Welfare and Autonomy: the Health System versus the Justice System

DR WILSON CHENG Specialty Registrar Northern Forensic Mental Health Service for Young People

All children are entitled to be protected by society particularly those who are in vulnerable positions. Under both the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR) and the United Nations Convention on the Rights of the Child 1989 (UNCRC) states have a duty to protect the life of every child. The UK government is committed to safeguard and promote the welfare of children. Under the Children Act 1989 when deciding the upbringing of a child the welfare of the child should be the court's paramount consideration. Section 100 also allows the inherent jurisdiction to be invoked by local authorities with leave when necessary for the protection of a child. It is clear that the society has an interest to protect all children from harm.

It is not a surprise to discover that both children and adolescents want to make decisions about their own lives as they grow up. Fortin suggested that the society should assist them by respecting their decisions...

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