Hansen, Patricia, and Ainsworth, Frank (2009) Human rights abuse in aspects of child protection practice? Australian Journal of Social Issues, 44 (2). pp. 183-193.

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Abstract

This article examines some aspects of child protection practice in various Australian states. It does so from a parent's perspective through the framework of the Universal Declaration of Human Rights (1948) and the Convention on the Rights of the Child (1990). Australia was a signatory to both the Declaration and Convention at their point of inception. Of particular interest are articles 5 and 12 of the Universal Declaration and articles 5 and 9(3) of the Convention. The tentative conclusion is that the states cited in this article are from time to time in breach of these articles. The potential Australian Charter of Rights offers a way forward as a guide to development of legislation and service systems that will ensure the rights of children and parents while maintaining child wellbeing as a top priority.

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