Introduction

As the preceding chapters demonstrate, in common with other minority groups, children suffer from being the focus of various specialised branches of law and policy, all with their own distinctive character. We find case law and legislation responding in an ad hoc fashion to various aspects of children's lives in a completely disparate way, which sometimes reflects a rights consciousness, but often ignores such a concept. Underlying this incoherence is a slow conversion of our legal system to one embodying a rights-based approach. The Human Rights Act (HRA) 1998, by incorporating the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) into domestic law, has undoubtedly enhanced public perceptions of the rights enjoyed by all individuals, both against the state and each other. Society is also becoming far more aware of the demands of the Convention on the Rights of the Child (CRC), with most public agencies attempting to comply with its broad aims. Indeed, there does appear to be a growing sympathy with a desire to promote children's rights in more realistic and practical ways. Nevertheless, the developing law does not always reflect such a desire and it would be foolish to ignore the real concerns that many retain over the wisdom of utilising the concept of rights to increase children's well-being. This concluding chapter opens by considering the extent to which parents' interests hamper the law's development of children's rights.