Children's Rights
Children's Rights
Children's Rights University of Edinburgh
Introduction
Legal capacity in Scotland refers to a person's ability to have rights and make legal decisions, which typically begins at the age of 16. However, there are exceptions outlined in the Age of Legal Capacity (Scotland) Act 1991 to ensure a balance between independence and protection for children. The University of Edinburgh Street Law Society aims to simplify the legal framework surrounding children's rights in Scotland to empower individuals and improve legal awareness.
Financial & Contractual Capacity
The Age of Legal Capacity (Scotland) Act 1991 sets rules to protect children under 16 from entering into complex transactions that could harm their interests. Exceptions exist for transactions related to items suitable for their age and with fair conditions. The Act also safeguards individuals between 16 and 18 from prejudicial agreements, allowing them to seek court intervention for cancellation under certain circumstances.
Medical Decision Making
Children's ability to consent to medical procedures is usually granted by their parents, as individuals under 16 are considered incapable of legal transactions. However, Section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 grants children under 16 the capacity to consent to medical treatments if a qualified medical practitioner deems them capable of understanding the procedure's nature and consequences. This raises questions about whether a child's decision can override parental wishes in such situations.
Conclusion
In summary, the legal landscape surrounding children's rights in Scotland is complex yet crucial for ensuring protection and empowerment. Understanding legal capacity, especially in financial, contractual, and medical contexts, is essential for safeguarding children's interests and promoting their autonomy within the legal framework.
