Lecture notes
Lecture notes 2
- Module
- Law
- Institution
- Brunel University (BU)
Lecture notes of 2 pages for the course Law at BU (Notes for lecture)
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3rd November39 mins
Why might state be reluctant to empower young people?
the more empowered, the less control state has over them
Don’t want to deal with diversity of opinions
Unpredictable
Short term good decisions?
Parents v children’s rights
I think parents don’t always know best but do try to act in their children’s best
interests
Williamson v Secretary of State for Education and employment & others 2005
HoL rejected claim of a group of fundamentalist Christians that their rights under A2
P1 and Art 9 ECHR were infringed by the law prohibiting corporal punishment in
school
Relationships and sex education
statutory framework:
sec and relationship education became part of basic curriculum under
education act 1993
Current - ea 1996
New: sept 2019,,,,
SRE - the right to opt out
Previous law gave parents unconditional right to withdraw their children from sex
education EA 1996
Now - still a parents right but head teacher decides too
RSE - the right o opt out
children have no independent right to opt out even if Gillick-competent and.
No legal right to opppose parents until 16
Kjeldsen, Busk Masden and Pedersen v Denmark 1976 compulsory sex Ed in
Danish schools would not infringe parents right ,,,?
Religious education and collective worship: re must be provided for all pupils
atmaintanined schools S 1998 and s80 EA 2002
Must follow an agreed syllabus which reflects the fact that the religious
traditions are in the main Christian ()
,,
Re and collective worship: parent right to opt out
parents have unconditional right to withdraw their children from re and cw
s71(1) SSFA 1998
6th form students have independent right to opt out s55 EIA 2006
Children’s right to education and right IN EDUCATION:
Children’s right to education is a socio economic right of the child to be educated,
which can be enforced by a child against the state to receive an education and is an
obligation to provide a child with the right to education - not just a right but an
obligation.
Children’s have a right with regards to decision making and participation concerning
their education
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