สิทธิของเด็กและเยาวชน
สิทธิทางกฎหมายของผู้ที่อายุต่ำกว่า 18 ปี
ภาพรวม
Children and young people in England & Wales have extensive legal rights, established through the Children Act 1989, the Education Act 1996, the Human Rights Act 1998, and the UN Convention on the Rights of the Child (ratified by the UK in 1991, though not directly incorporated into domestic law). The welfare of the child is the court's paramount consideration (s.1 Children Act 1989). Children have increasing autonomy as they mature — from Gillick competence in healthcare to the right to instruct their own solicitor in family proceedings.
กระบวนการทีละขั้นตอน
Understand Your Right to Be Heard
Under s.1(3)(a) Children Act 1989 and Article 12 UNCRC, children have the right to express their views and have them given due weight according to age and maturity. In family proceedings, children can have their wishes reported to the court through a Cafcass officer.
- You can write to the judge directly in family proceedings
- If you are mature enough (Gillick competent), you can instruct your own solicitor
- Schools must listen to pupils' views on matters affecting them
Know Your Education Rights
You have the right to: free full-time education (ages 5–16), education continuing to 18 (school, college, or training), Special Educational Needs support (SEND), freedom from bullying, and school discipline that is fair and reasonable.
- If you have SEND, you may be entitled to an Education, Health and Care Plan (EHCP)
- Permanent exclusion can be appealed to an Independent Review Panel
- Schools cannot discriminate on grounds of disability, race, sex, etc.
Know Your Healthcare Rights
You can consent to medical treatment once you have sufficient understanding (Gillick competence — usually from age 12+). At 16, you have the statutory right to consent. Your medical records are confidential unless there are safeguarding concerns.
- Gillick competence is assessed for each specific decision
- You can access confidential sexual health services without parental consent
- At 16, you are presumed competent to consent (Family Law Reform Act 1969, s.8)
Get Help If You Are at Risk
If you are being abused, neglected, or feel unsafe, report to: Childline (0800 1111), your local authority children's services, the police, or a trusted adult. Children's services have a duty to investigate safeguarding concerns (s.47 Children Act 1989).
- Childline is free, confidential, and available 24/7
- You cannot be in trouble for reporting abuse
- If you are in care, you have additional rights including an independent advocate and care leaver support
ค่าใช้จ่าย
คำเตือนสำคัญ
Parents have rights and responsibilities — but children's welfare is always the court's paramount concern.
Children in care have additional rights including reviews, an independent visitor, and leaving care support.
Young people aged 16–17 have a complex legal position — some adult rights but not all (e.g., cannot vote, buy alcohol, or enter certain contracts).