Law, Policy and Practice: National and International Dimensions

  • Allison Moore
  • Paul Reynolds
Part of the Studies in Childhood and Youth book series (SCY)


As we identified in Chap.  2, within contemporary Western discourses, the categories of childhood and youth are positioned as vulnerable, at risk and in need of protection. The legacy of eighteenth- and nineteenth-century constructions of childhood and sexuality continues to characterise children and young people as asexual or pre-sexual and “untroubled and untouched by the cares of the (adult) sexual world to come” (Renold 2005: 17). Young children are conceptualised as sexually unaware, separated from and unencumbered by the corrupting influences of adulthood, whilst older children and young people are seen as embarking on a stressful and turbulent transition to adult sexuality; a transition that must be carefully managed by adults if it is to be successful. Not surprisingly, these dominant constructions of childhood and sexuality become institutionalised in a range of discourses and, especially, in the area of law and policy concerning children and young people where sexuality can be seen as simultaneously absent and present (Moore and Prescott 2013). When law and policy does make explicit references to sexuality, it is couched within a protectionist, heteronormative and welfare discourse which portrays sexuality as something that adults inappropriately impose on children and from which they must be protected. Alternatively, sexuality is positioned within a context of risk and so-called ‘risk-taking’ behaviours whereby children and young people engage in sexual risk taking alongside other risk-taking activities, such as drug and alcohol consumption. Here, it is the very act of engaging in sexual activity that is deemed to be risky “because of the (non)status afforded to them as children and young people. Such ‘risks’ have to be managed, limited and contained by adults” (Moore and Prescott 2013: 198). What is absent in contemporary law and policy is any meaningful sense of children and young people as sexual beings who are able to exercise choice and agency in the creation and expression of their gender and sexual identities.


  1. Allcock, P. with May, M. (2014). Social policy in Britain (4th ed.). Houndmills: Palgrave Macmillan.CrossRefGoogle Scholar
  2. Blakemore, K. (1998). Social policy: An introduction. Buckingham: Open University Press.Google Scholar
  3. Burman, E. (2003). Childhood, sexual abuse and contemporary political subjectivities. In P. Reavey & S. Warner (Eds.), New feminist stories of child sexual abuse: Sexual scripts and dangerous dialogues (pp. 34–52). London/New York: Routledge.Google Scholar
  4. Carabine, J. (1996a). A straight playing field or queering the pitch? Centring sexuality in social policy. Feminist Review, 54(Autumn), 31–64.CrossRefGoogle Scholar
  5. Carabine, J. (1996b). Heterosexuality and social policy. In D. Richardson (Ed.), Theorising heterosexuality (pp. 55–74). Buckingham: Open University Press.Google Scholar
  6. Carabine, J. (2004). Sexualities: Personal lives and social policy. Bristol: The Policy Press.Google Scholar
  7. Corby, B. (2002). Child abuse and child protection. In B. Goldson, M. Lavalette, & J. McKechnie (Eds.), Children, welfare and the state (pp. 136–151). London: SAGE.Google Scholar
  8. Cornock, M. A. (2007). Fraser guidelines or Gillick competence? Journal of Children’s and Young People’s Nursing, 1(3), 142.CrossRefGoogle Scholar
  9. Department for Children, Schools and Families. (2010). Teenage Pregnancy Strategy: Beyond 2010. Richmond: Crown Copyright.Google Scholar
  10. Dunphy, K., & P. (2008). The law concerning teenage sex: Do we understand it? International Journal of STD & AIDS, 19(4), 236–240.CrossRefGoogle Scholar
  11. Egan, D. R., & Hawkes, G. (2009). The problem with protection: Or, why we need to move towards recognition and the sexual agency of children. Continuum: Journal of Media & Cultural Studies, 23(3), 389–400.CrossRefGoogle Scholar
  12. Evans, T. (2005). International human rights law as power/knowledge. Human Rights Quarterly, 27(3), 1046–1068.CrossRefGoogle Scholar
  13. Foucault, M. (1978). The history of sexuality vol 1. An introduction. Harmondsworth: Penguin.Google Scholar
  14. Foucault, M. (1988). Sexual morality and the law. In M. Foucault & L. D. Kritzman (Eds.), Politics, philosophy, culture: Interviews and other writings 1977–1984 (pp. 271–285). London: Routledge.Google Scholar
  15. Freeman, M. (1997). The moral status of children: Essays on the rights of the child. Dordrecht: Martinus Nijhoff.Google Scholar
  16. Freeman, M. (2005). Rethinking Gillick. The International Journal of Children s Rights, 13(1/2), 201–217.CrossRefGoogle Scholar
  17. Hendrick, H. (1994). Child welfare: England 1872–1989. London: Routledge.CrossRefGoogle Scholar
  18. Jackson, S. (1982). Childhood and sexuality. Oxford: Blackwell.Google Scholar
  19. Jackson, S., & Scott, S. (2010). Theorizing sexuality. Maidenhead: Open University Press.Google Scholar
  20. Kitzinger, J. (1997). Who are you kidding? Children, power, and the struggle against sexual abuse. In A. James & A. Prout (Eds.), Constructing and reconstructing childhood (pp. 165–189). London: Falmer Press.Google Scholar
  21. Lyon, C. M. (2007). Interrogating the concentration on the UNCRC instead of the ECHR in the development of children’s tights in England. Children and Society, 21(2), 147–153.CrossRefGoogle Scholar
  22. Milne, B. (2005). Is ‘participation’ as it is described by the United Nations convention on the rights of the child (UNCRC) the key to children’s citizenship? In A. Invernizzi & B. Milne (Eds.), Children’s citizenship: An emergent discourse on the rights of the child. KRE Publishers. Accessed 31 Dec 2012.
  23. Monk, D. (2004). Childhood and the law: In whose ‘best interests? In M. J. Kehily (Ed.), An introduction to childhood studies (pp. 160–177). Maidenhead: Open University Press.Google Scholar
  24. Moore, A., & Prescott, P. (2013). Absent but present: A critical analysis of the representation of sexuality in recent youth policy in the UK. Journal of Youth Studies, 16(2), 191–215.CrossRefGoogle Scholar
  25. O’Dell, L. (2008). Representations of the ‘damaged’ child: ‘Child saving’ in a British children’s charity ad campaign. Children and Society, 22(5), 383–392.CrossRefGoogle Scholar
  26. Partington, M. (2014). An introduction to the English legal system 2014–15. Oxford: Oxford University Press.Google Scholar
  27. Pilcher, J. (1997). Contrary to Gillick: British children and sexual rights since 1985. The International Journal of Children’s Rights, 5(3), 299–317.CrossRefGoogle Scholar
  28. Piper, C. (2008). Will law think about children? Reflections on youth matters. In A. Invernizzi & J. Williams (Eds.), Children and citizenship. London: Sage.Google Scholar
  29. R (Axon) v Secretary of State for Health [2006] EWHC 37 (Admin) (Axon).Google Scholar
  30. Renold, E. (2005). Girls, boys and junior sexualities: Exploring children’s gender and sexual relations in the primary school. London: Routledge Falmer.Google Scholar
  31. Robinson, K. H. (2012). “Difficult citizenship”: The precarious relationships between childhood, sexuality and access to knowledge. Sexualities, 15(3/4), 257–276.Google Scholar
  32. Roose, R., & Bouverne-de-Bie, M. (2007). Do children have rights or do their rights have to be realised? The United Nations convention on the rights of the child as a frame of reference for pedagogical action. Journal of Philosophy of Education, 41(3), 431–443.CrossRefGoogle Scholar
  33. Sexual Offences Act 2003. Accessed 16 Jan 2017.
  34. Smart, C. (1992). The woman of legal discourse. Social and Legal Studies, 1(1), 29–44.CrossRefGoogle Scholar
  35. Social Exclusion Unit. (1999). Teenage pregnancy. London: Stationery Office.Google Scholar
  36. Spencer, G., Maxwell, C., & Aggleton, P. (2008). What does ‘empowerment’ mean in school-based sex and relationships education? Sex Education: Sexuality, Society and Learning, 8(3), 345–356.CrossRefGoogle Scholar
  37. Stainton Rogers, W., & Stainton Rogers, R. (1999). What is good and bad sex for children? In M. King (Ed.), Moral agendas for children’s welfare. London: Routledge.Google Scholar
  38. Taylor, A. (2010). Troubling childhood innocence: Reframing the debate over the media sexualization of children. Australasian Journal of Early Childhood, 35(1), 48–57.Google Scholar
  39. Taylor, R. (2007). Reversing the retreat from Gillick? R(Axon) v Secretary of State for Health. Child and Family Law Quarterly, 19(1), 81–97.Google Scholar
  40. Teather, S. (2012). Ministerial message about teenage pregnancy rates from Sarah Teather MP, Minister for Children and Families. In FPA Sexual Health Line. Accessed 31 Dec 2012.
  41. Thomas, N. (2000). Children, family and the state. Bristol: The Policy Press.CrossRefGoogle Scholar
  42. United Nations Convention on the Rights of the Child. (1989). Accessed 5 Apr 2013.

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Allison Moore
    • 1
  • Paul Reynolds
    • 1
  1. 1.Department of Social SciencesEdge Hill UniversityOrmskirkUK

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