The human being is one of the few mammals in the animal kingdom that nurtures and cares for its young long past the time they become independent.
However, it is a sad fact that the care given to some children is less than satisfactory and for that reason children need, and thankfully have, human rights over and above the right to care from their parents.
A Right to an Education
In the UK every child has a right to be educated to at least the government standard. All children have the right to be able to read and write and to access the further education system if they wish to. This right is backed by the legal responsibility of the state to ensure that every child is identified and monitored for their progress and the legal responsibility of the parents to ensure that their children attend school or are home-schooled to a certain level.
A Right to Access Healthcare
As with education, all children have the human right to medical treatment and access to healthcare, be it the Nurse at school, Doctor or hospital; either with or without parental consent. This right cannot be denied for any reason.
This is again backed by law; parents and guardians have a responsibility to ensure that their children are taken to the Doctor or medical practitioner if they appear unwell and cannot refuse to allow medical treatment without due cause, religion for instance, although in some cases the state can step in and advocate for the children if it is deemed necessary to protect their rights.
A Right to Decent Living Conditions
Whether we like it or not, it is a fact of UK society that some people are living in deplorable conditions, with little access to warmth or food and homes that should be condemned. If there are children involved then the state has a responsibility to help the family as much as possible to ensure that the children live in a clean, disease-free environment with adequate nutrition for their developmental needs.
A Right to be Free From Abuse
It would be nice to think that all children are raised in loving, violence and abuse free households but sadly this is not the case. You only need to look at the news or internet to be assailed with horrific stories of mental, physical and sexual abuse suffered by kids; from babies to young adults. Despite the tireless work of the authorities, police and charitable foundations there are still thousands of hidden victims having their human rights violated every day.
It almost goes without saying that all children have the human right to be free from abuse of any kind, to be cared for in a decent environment by responsible adults whose sole purpose is to act in the best interests of the child.
So, children have these basic human rights, along with many others relating to the justice system and immigration to name a couple. Are they actually required? The argument against is that parents and guardians, those who have the custody and care of children, should be allowed to govern what rights those children have. Essentially, they feel that those with parental responsibility should be allowed to govern that child; not deal with the dictations of the state.
But the fact that there are organisations in place that deal with abuse and neglect shows that some parents are not able to care adequately for the kids in their care. Children do need human rights and to be protected from those who would try to ignore or breach those rights. Until we are able to be certain that children are completely safe and protected, children’s human rights must be developed and enforced, no matter what the parents say.
I came in 2000 I have two kids 5 and 2year old . I just want to say there is no justice for innocent people if there is any justice then this time I should have permanent stay but alas I gave 18years to this country but that have no value.iknow and my God knows how I'm struggling still now and can't look my kids innocent faces when I can't give much attention to them. Solicitors are ripping everyone just making money from innocent people no body is here to ask them.my only one question is " are we human beings or animals or worst than animals " ??? Here no body knows the meaning of human rights.
Muhammad - 4-Aug-18 @ 11:34 PM
I came to Scotland in 2007 with my husband on a6 months tourist visa, we both overstayed the visa and now we have two kids, my eldest boy is 9 years old in primary 4, and the youngest is 3 years and a half.
We've been here for over ten years, never had any issues with police or anything of the kind.
We applied for the right to stay in the UK, it got refused , we appealed to the first tier tribunal and the judgement was so hard that we are struggling to find any solutions
We are trying to get an authorisation to appeal to the upper tribunal, but because of the arguments mentioned in the judgementwe are struggling to get any legal status, and we are told that we have to leave the country asap.
What do you think we should do.
You're help will be very appreciated.
Mass - 21-Nov-17 @ 12:16 PM
Izzat - Your Question:
Hello! My wife is a British citizen, and my wife gave birth to a daughter in England and I was appled for spouse visa. But immigration refused my application for that we did not meet the financial requirements. we have £ 16,000 but must be £ 18,600 but my wife can not work because she has to feed my daughter.So human rights can help us, my daughter rights to live with her father.
Could you remain in your own country and work for long enough to raise the additional £2000? Sorry as you have not said where you're from, we do not know whether it's a human rights issue.
AboutHumanRights - 18-Feb-16 @ 12:47 PM
Hello! My wife is a British citizen, and my wife gave birth to a daughter in England and I was appled for spouse visa. But immigration refused my application for that we did not meet the financial requirements. we have £ 16,000 but must be £ 18,600 but my wife can not work because she has to feed my daughter.
So human rights can help us, my daughter rights to live with her father...
Izzat - 17-Feb-16 @ 6:24 AM
I applied marriage and children base uk visa March 2015 . Then they refuse my visa . Now I appeal again for visa .My babe is 3 months now . Questions . Can I get uk visa or no .
Harry - 21-Oct-15 @ 2:42 PM
I have breach to immigration rules when I was still on a student visa. I exceeded 88 hours of work in 4 months in a period of 1 year. I still do not have a leave to remain here since the HO took my visa away last 2013 and its 2015 now. Im on temporary admission.
My two year old boy is a british citizen (single mom, father is currently resident in america--inconsistent communication--child and father)
I applied for leave to remain [flr(fp)] this year.
Do you HO will grant me a visa?
Di - 12-Oct-15 @ 9:13 PM
Kc - Your Question:
Hi as we came here on tier4 visa and while our application was with home office our college was closed and mean time my wife was pregnant so we didn't find other university or college and we applied for flr visa and now my wife is 39 + pregnant, as its last moment I can't travel, what is the suggestion on this matter.
Hias we came here on tier4 visa and while our application was with home office our college was closed and mean time my wife was pregnant so we didn't find other university or college and we applied for flr visa and now my wife is 39 + pregnant, as its last moment I can't travel, what is the suggestion on this matter.
Kc - 6-Aug-15 @ 1:05 PM
hi dee I would like to know that my husband came in uk in 2006 and get prison forone and half months. after that he came out nd applied for asylum. but the application gt refused. then ge applied again nd refused again in2014.we are married nd I also don't have visa as I came here as visitors. ..nd we have baby girl she is two years old .so the new lawyer attached ours applications as well with my husband. so plz tell me can we get permission yo stay in uk . or not because all my husband friends gt PR ib the same case..nd same times. .and only my husband gt prison coz he doesn't have passport that time.
kaur - 20-May-15 @ 5:56 PM
@babu. We cannot help with individual cases but you should take a look at this government website.
AboutHumanRights - 31-Jul-14 @ 11:25 AM
Hi...can I get visa if im married with British girl in uk and I have one month baby with her..because my visa is expired since 2011..if I put my case through human rights then hkw long ganna to get visa.please tell me because im realy upset
babu - 30-Jul-14 @ 10:06 PM
This is good info with regard to the human rights of children, however it seems almost impossible to have these rights recognised and adhered to within the uk legal system, especially in family law matters. It seems that these rights are still not being applied and the voice of the child is still unheard.