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Child support and the Government’s children’s socio-economic rights obligations
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Walker, Lara (2020) Child support and the Government’s children’s socio-economic rights obligations. International Journal of Children's Rights, 28 (4). pp. 860-893. doi:10.1163/15718182-28040004 ISSN 0927-5568.
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Official URL: https://doi.org/10.1163/15718182-28040004
Abstract
This article argues that the recovery of child support is a vital aspect of ensuring children’s socio-economic rights. The UK Government has a legal responsibility to assist parents to meet the needs of their children, whether by providing specialist support or through welfare payments. The Government cannot fulfil this responsibility by requiring parents to reach private agreements and failing to provide suitable additional support. The current law and policy focus purely on the duty to maintain. It is assumed that each parent has the responsibility to provide for their children, and there is no back up support under the Child Support Act where the parents are unable to do this. This fails to acknowledge and resolve wider social issues which are crucial to ensuring that child support is received, and children are not living in unnecessary poverty. The article argues that by taking this approach the Government is failing to fulfil its responsibility to protect children’s socio-economic rights. This article sets out a socio-economic rights framework for amending child support legislation and policy, highlighting the bare minimum Government obligations.
| Item Type: | Journal Article | ||||||||
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| Subjects: | H Social Sciences > HQ The family. Marriage. Woman H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KN Common Law, Private Law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Great Britain. Child Support Act 1991, Child support, Child support -- Great Britain, Child support -- Law and legislation, Child welfare -- Great Britain, Children -- Legal status, laws, etc. -- Great Britain, Children's rights -- Great Britain, Children -- Services for -- Great Britain | ||||||||
| Journal or Publication Title: | International Journal of Children's Rights | ||||||||
| Publisher: | Brill | ||||||||
| ISSN: | 0927-5568 | ||||||||
| Official Date: | December 2020 | ||||||||
| Dates: |
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| Volume: | 28 | ||||||||
| Number: | 4 | ||||||||
| Page Range: | pp. 860-893 | ||||||||
| DOI: | 10.1163/15718182-28040004 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Date of first compliant deposit: | 8 July 2020 | ||||||||
| Date of first compliant Open Access: | 17 February 2021 | ||||||||
| Related URLs: |
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