Considering the Best Interests Test in the Context of Disabilities

(2016) 5 Oxford University Undergraduate Law Journal 67-79

Posted: 8 Dec 2016 Last revised: 31 May 2017

See all articles by Vincent Ooi

Vincent Ooi

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Jia Wei Loh

University of Oxford, Students

Date Written: December 7, 2016

Abstract

The United Kingdom is bound by several international obligations to eliminate discrimination against persons with disabilities, chief among these being the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’), which was ratified on 8 June 2009. Compliance with these obligations is secured at the domestic level through provisions such as those in the Equality Act 2010 (‘EA 2010’). However, parents with disabilities remain exceptionally vulnerable to losing the care and custody of their children under care orders and child arrangements orders. Thus, in 2006 the Social Care Institute for Excellence conducted a knowledge review which found that social workers and local authorities were, where these goals conflicted, less interested in keeping families with disabled members intact than in safeguarding children. These observations raise an important question: how should the law balance the best interests of children with the duty of the State to eliminate discrimination against persons with disabilities?

Keywords: Family Law, Disabilities Law, Best Interest Test

Suggested Citation

Ooi, Vincent and Loh, Jia Wei, Considering the Best Interests Test in the Context of Disabilities (December 7, 2016). (2016) 5 Oxford University Undergraduate Law Journal 67-79. Available at SSRN: https://ssrn.com/abstract=2881763

Vincent Ooi (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

HOME PAGE: http://law.smu.edu.sg/faculty/profile/156436/Vincent-OOI

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

Jia Wei Loh

University of Oxford, Students ( email )

Oxford
United Kingdom

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