Irish Child Health Database - Peer Reviewed Papers
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Human rights and decision-making in child protection through explicit argumentation
Published in:
Child Care in Practice, Vol: 12, Page: 81-95,Taylor & Francis
Publication Date:
2006
Aims & Objectives:
This article discusses human rights and decision-making in child protection through explicit argumentation
Abstract:
A recent judgement in February 2005 by the Lord Chief Justice in Northern Ireland that a Health and Social Services Trust had breached a parent's Article 8 Right to Family Life in the process used to take a young child into care has stimulated major debate about the interface between the Human Rights Act (1998) and professional decision-making in child protection work in Northern Ireland and across Europe. This article examines the interface between the Human Rights Act and the paramountcy principle in the Children (NI) Order 1995 in relation to statutory interventions to protect children. It explores the increasing sophistication required of social work recommendations to courts in complex situations involving conflicting rights and considers the impact of adopting a structured model of explicit argumentation. (PsycINFO Database Record (c) 2008 APA, all rights reserved) (from the journal abstract)
Authors:
Study Type:
Non Study Papers » Discussion paper, review, commentary, letter »
Notes:
1357-5279 Accession Number: 2006-06940-002. First Author & Affiliation: Duffy, Joe; University of Ulster, Coleraine, Northern Ireland. Other Journal Title: Child Care in Practice. Release Date: 20060710. Publication Type: Journal, (0100) Peer Reviewed Journal, (0110). Media Covered: Print. Media Available: Electronic; Print. Document Type: Journal Article. Language: English. Major Descriptor: Child Welfare; Decision Making; Human Rights; Legal Processes; Protective Services. Classification: Community & Social Services (3373) Civil Rights & Civil Law (4210) . Population: Human (10) . References Available: Y.
Keywords:
- child protection
- Child Welfare
- Decision Making
- explicit argumentation
- human rights
- Legal Processes
- Protective Services
- statutory interventions
Geography:
Northern Ireland (Northern Ireland)