Judicial approaches to children's rights in youth crime [2007] CFLQ 42

This article looks at the approach of the judiciary to children's rights in the youth crime context. It analyses three recent English cases and highlights the lack of consistency on the part of the judiciary towards the protection of children's rights. Although some judges focus on children's rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, others continue to prioritise the child's welfare at the expense of his Convention rights. The reasons for this will be explored, including the impact of the child's status as child on judicial reasoning and the current statutory and judicial priority afforded to preventing children offending.