Discuss and evaluate the law in relation to protecting the rights of children.
The law protects the rights of children using various legal and non-legal mechanisms for example, Trade Unions, Legal aid, DOCS, Children’s court etc... Although these methods are highly beneficial in protecting the rights of children, there are children around the world, where the laws of their countries fail to offer protection to them, who are exploited and abused.
The law protects the rights of a child in many aspects of their life; these include education, work, medical treatment, discrimination, contracts, torts and leaving home. The Education Act 1990 (NSW) states that it is compulsory for a child aged 6-15 to attend school. Concerning work, children under the age of 15 must reciece authorisation from the NSW Department of Education and Training to leave school, although young people are covered by all of the relevant workplace and safety legislation for workers in NSW, in 2005 the NSW Commission and Young People, in its report Children at work surveyed 10,999 children from year 7-10 living in NSW about their work experience. The report found that children living in less disadvantages areas were more likely to work, young workers were paid less than mature people doing the same job, and that the children surveyed reported high levels of harassment and injury. With medical treatment, in Department of Health and Community Services (NT) v JWB ( ‘Marion’s case) 1992, the High Court of Australia followed the decision in the Gillick case, that a person is capable in understanding what is proposed, he or she competent of consenting to medical treatment. If a child under 16 years refuses medical treatment parents have a right to insist that it be preformed despite Gillick test of competency. A court can override a young person’s refusal of medical treatment if the refusal is not in his or her best interest. Minors ( Property and Contracts) Act 1970 (NSW), people under 18 are...