Friday, 17 January 2014

State Guardian for every child in Scotland is unlawful

 top-lawyer-snps-state-guardian-for-kids-unlawful From the Christian Institute

A top human rights lawyer has said the SNP’s plans to appoint a state guardian for every child under 18 “may be unlawful”.
Under Alex Salmond’s Children and Young People (Scotland) Bill 2013, children will have a “named person”- a state employee – who will monitor them and have powers that “cut across” the rights of their parents.

QC Aidan O’Neill said the SNP’s plans amounted to “unjustified interference” and may fail to protect people from “arbitrary and oppressive” governmental powers.


What is “startling” about the proposal “is that it appears to be predicated on the idea that the proper primary relationship that children will have for their well-being and development, nurturing and education is with the State rather than within their families and with their parents”, he added.

He explained that the scheme may not be compatible with the European Convention on Human Rights (ECHR), which says the State should respect “private and family life”.
O’Neill also described the Bill as “universal in scope” and said the “blanket” provisions allow the State to assign a guardian without assessing a child’s individual need.

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