The Adoption and Children Act 2002, the Welfare Principle and the Human Rights Act 1998 – a Missed Opportunity?

19 Pages Posted: 14 Apr 2012

Date Written: 2003

Abstract

This article provides an analysis of the incorporation of the welfare principle into the Children and Adoption Act 2002, within the context of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 as applied by the Human Rights Act 1998, in addition to an assessment of its compatibility. It also seeks to evaluate the current judicial and academic response to this suggested area of tension.

Keywords: Children and Adoption Act 2002, European Convention, Human Rights Act 1998, welfare principle

Suggested Citation

Choudhry, Shazia, The Adoption and Children Act 2002, the Welfare Principle and the Human Rights Act 1998 – a Missed Opportunity? (2003). Child and Family Law Quarterly, Vol. 15, No. 2, pp. 119-137, 2003, Available at SSRN: https://ssrn.com/abstract=2039349

Shazia Choudhry (Contact Author)

University of Oxford ( email )

Wadham College, Parks Road
Faculty of Law, University of Oxford
Oxford, London OX1 3PN
United Kingdom

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