The research critically examines the role of childhood sciences in reshaping the legal construction of children’s rights within Scottish family law. By integrating insights from psychology, sociology, education and legal studies; childhood sciences challenge the traditional view of children as mere ‘becomings’ – passive dependents in preparation of adulthood – and instead position them as ‘beings’ with present agency and rights.
The study evaluates whether Scottish family law adequately reflects this evolving perspective or continues to prioritise an adult-centric, paternalistic approach. By engaging with the United Nations Convention on the Rights of the Child (UNCRC), case law and key Scottish statues, the research identifies critical gaps in recognition of children’s voices and inconsistencies in judicial reasoning.
Scotland stands as the first UK jurisdiction to incorporate the UNCRC into domestic law, marking a significant step toward recognising children as rights-holders. Through an analysis of case law and legislative developments, this study highlights the persistent barriers to meaningful child participation in legal proceedings. It underscores the need for reform in judicial practice to align with contemporary understandings of children’s evolving capacities and rights, advocating for a legal system that meaningfully integrates the insights of childhood sciences to ensure children’s agency, welfare and participation are fully recognised. Childhood sciences, the interdisciplinary field combining psychology, sociology, education and legal studies, seeks to understand childhood not merely as a stage of dependency but as a complex social and developmental process. A key debate within this field is whether children are viewed as ‘beings’ – individuals with agency and rights in the present – or as ‘becomings’ - future adults whose present experiences are only valuable in preparation for adulthood.
This research explores whether Scottish family law adequately reflects this evolving perspective, or continues to prioritise a paternalistic, adult-centric approach. It distinguishes between how interdisciplinary research influences legal policymaking and how expert evidence is applied in individual court decisions.
Engaging with the United Nations Convention on Children’s Rights and the evolving discourse on children as ‘beings and becomings’, the research evaluates how legal interpretations of childhood influence judicial reasoning. Through an analysis of key Scottish statutes and case law, the study identifies gaps in the recognition of children’s voices and inconsistencies in judicial application.