Skip to main content

Research Repository

Advanced Search

‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’

Macfarlane, Lesley-Anne

Authors

Lesley-Anne Macfarlane



Abstract

This article addresses the right to life, survival and development, guaranteed to every child by the United Nations Convention on the Rights of the Child, article 6, within the context of childhood accidental injury in Scotland. It is argued that Scots law fails to meet the obligations incumbent on States Parties to provide a safe and supportive environment that recognises the special position of the injured child claimant. The nature of the obligation that article 6 imposes upon States Parties, and upon Scotland in particular, is discussed before certain significant legal difficulties facing Scottish child claimants are analysed. That analysis demonstrates that a mechanistic application of the doctrine of contributory negligence in cases concerning children is conceptually flawed and has produced inconsistent and inequitable outcomes. In conclusion, a way forward is proposed in the form of three strategies which might be employed to generate an article 6 compliant approach within the existing legal framework.

Citation

Macfarlane, L. (2015). ‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’. Stellenbosch Law Review, 26(2), 424-442

Journal Article Type Article
Acceptance Date Sep 1, 2014
Online Publication Date Jun 1, 2015
Publication Date 2015-06
Deposit Date Sep 14, 2016
Publicly Available Date Jan 29, 2018
Journal Stellenbosch Law Review
Print ISSN 1016-4359
Publisher Juta Law
Peer Reviewed Peer Reviewed
Volume 26
Issue 2
Pages 424-442
Keywords UN Convention on Rights of the Child, Article, Right to Life, Contributory Negligence, Scotland, Children
Public URL http://researchrepository.napier.ac.uk/Output/380069
Publisher URL http://hdl.handle.net/10520/EJC-619c292c0

Files

Taking care of the small: Article 6 of the convention on the rights of the child... (302 Kb)
PDF








Downloadable Citations