Exploring the tension between the Rights of the Child and parental rights : Voices from Ghana

Book chapter


Adonteng-Kissi, Obed. (2022). Exploring the tension between the Rights of the Child and parental rights : Voices from Ghana. In In Corrigan, Trudy (Ed.). Human rights in the contemporary world pp. 39-54 IntechOpen. https://doi.org/10.5772/intechopen.96736
AuthorsAdonteng-Kissi, Obed
EditorsCorrigan, Trudy
Abstract

The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.

Keywordsrights of the child; parental rights; protection rights; provision rights; participation rights
Page range39-54
Year2022
Book titleHuman rights in the contemporary world
PublisherIntechOpen
Place of publicationLondon, United Kingdom
ISBN9781839688737
9781839688744
9781839688751
Digital Object Identifier (DOI)https://doi.org/10.5772/intechopen.96736
Open accessOpen access
Publisher's version
License
File Access Level
Open
Output statusPublished
Publication dates
Online06 Dec 2021
Publication process dates
Deposited02 Mar 2023
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