Modified:
27 Nov 2008
by Admin

Vote totals:

Yes:

50%

No:

50%

Neutral:

0%

 
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Debatewise debate DEBATE: SHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?

Human rights weighs up the rights of the individual versus the good of society as a whole. Allowing background checks for concerned parents could potentially be in breach of the human rights of an individual; yet, they could be the answer to the end of child abuse and the key to allowing parents to protect their children.





Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


Parents should be able to do everything to protect their children


When a person brings children into this world, adopts or assumes care for a child, they should be able to do everything possible to protect them. This cannot be done if there is a dangerous sex offender living next-door, who has slipped past the police and is in a position to abuse your child. Children are the most precious things in the world, the future of tomorrow. It is our duty to take care of them. Donald Findlater, of the child protection charity Lucy Faithfull Foundation, added: “The biggest risk to children is not from the registered sex offender who the police know and are managing; it is from the sex offender who is not registered and who no one knows about.”(1) In light of this, it seems more than reasonable that a parent should be able to ask the police to check records of someone who they think might be potentially dangerous. Surely it cannot be breaching an individual’s human rights for information on any violent or sexual crimes that may have been committed, in contrast with the safety of a child.
(1)
http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/2957971/Parents-to-get-access-to-background-checks-on-suspected-paedophiles.html

"Children are the most precious things in the world". I would argue there are two things which are more important than a single child.
-Fundamental Human Rights
Giving away such information takes away a persons right to privacy. They may never intend to touch a child again, the offence could have been consensual sex with a 15 year old who told the "Sex offender" they were 18, the "sex offender" could have been wrongly convicted. Whatever warrants the label sex offender will be punished by the state, there need be no more punishment when a sentence according to the judge has been served.
-Justice
Giving away such information will lead to vigilantes, people taking the law into their own hands. One mistake should not lead to a life of torture.


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Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


If they have nothing to hide, then there will be no problem


Critics claim that background checking could be a violation of human rights. Human rights weigh up the rights of the individual against the overall welfare of society. If this is the case, surely the overall welfare of society would win – particularly if someone has nothing to hide, then they will not mind their past history becoming public knowledge. The only ones who would not allow their backgrounds to be checked out are the ones with something to hide.

Some individuals may have allegations on their record, known as ‘soft intelligence’, that come from unfounded sources. These may come up when being background checked and could not be completely reliable. The individual would not want this sort of information being known.


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Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


Single mothers can check out their new partner


Unfortunately in today’s society, some people are not what they appear to be. Karen Matthews, mother of Shannon Matthews, who went missing in February of this year, was living with her boyfriend for five years before it emerged that he had 49 images on his computer of child pornography. No matter how much you think you may know someone, you never can be too careful. This is why background checks can be so important. Imagine if something happened to Shannon or any of her siblings. It need not be a case of not trusting a new partner: it is acting in the best interests of your children, before allowing a potential stranger to come into contact with them.

If a new partner comes onto the scene, surely you should not be with them if you do not fully trust them to be with your children.


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Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


If the allegation or conviction came from an unfounded source, it can be deleted


Some allegations or convictions do not come from reliable sources. The individual need not be worried about these coming to light through a background check because they can be deleted. Employment barrister, Yvette Genn, receives an increasing number of calls from people wanting to know how such damaging intelligence can be deleted: “You can now apply to the Care Standards Tribunal to have information weeded out. Because in some cases, it may be a wholly unfounded allegation based on one anonymous source… The HRA is a balancing act between the privacy rights of an individual and the well-being of society. But if you could prove that the holding of such information was disproportionate, you might have an arguable case.”(1)
(1)
http://news.bbc.co.uk/1/hi/uk/3313099.stm

Great, just what this country needs, more litigation.
This would mean that a person would have to prove their innocence if such information came out on their record check. The idea behind the English legal system is innocent until proven guilty. The onus of proof is on the prosecution, they have to prove guilt beyond reasonable doubt. If a person had a slur on their record due to an unfounded, uninvestigated claim it would break against that traditional principle.


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Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


What police tell parents will be confidential


Critics also worry that once a parent knows that someone coming into contact with their child does have previous records for child abuse, not only will they withdraw the contact between them, they will also alert other parents to the situation. However, the parent will face penalties if they do so and the police have assessed that the situation is not dangerous. If the parents discloses information to any others, that lead to violence on the individual who has been background checked, they may face criminal prosecution. This protects all individual’s human rights.

Even if the individual is found by the police not too be dangerous, worried and concerned parents would struggle to keep the new-found information to themselves – particularly if they believe otherwise and are acting in what they think is in the best interests of the children involved.


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Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


Could spark a wave of suspicion and unnecessary claims


Yes, it could possibly spark off a wave of suspicion, but this would all be settled when the background checks are returned. Many staff members, such as at schools and at clubs, are already background checked when they are employed, so that parents know they have no previous convictions that would deem them unsafe to work with children. The British Judo Association is just one example of a club who do this.

If parents are allowed to background check anyone who comes into contact with their children, it is possible that hundreds and possibly even thousands of individuals will come under scrutiny. Everyone would be suspicious of each other. It could spark off a ‘witch hunt’. Guy Herbert, general secretary of the civil liberties group No2ID, said: "It’s virtually a return to the witch trials, and is the logical conclusion of our zero-trust society. Everybody is being encouraged to be suspicious of everybody else.”(1) The police would become inundated with calls from parents, who are perhaps too concerned and question every adult who forms a relationship with their children: neighbours; parents of their friends; school staff; club leaders – the list would go on and on.
(1) http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/2957971/Parents-to-get-access-to-background-checks-on-suspected-paedophiles.html


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Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


Could lead to vigilante attacks


If parents have a means to stay informed and alert to those people who may threaten their children, they are less likely to become afraid and angry to the point where they would take such action. Vigilante attacks are a means of action for parents who otherwise feel powerless to protect their children; if we can empower them with information, they will not need to go outside legal channels.

If a person is to be found with previous convictions for child abuse, has served their time and is deemed to be no longer dangerous to society, their details would become available to parents. Parents could act irrationally and organise attacks on the individual. This most certainly is not unheard of. Paedophiles have already been subject to attacks, abuse and taunting. This is obviously a breach of their human rights and could lead to a backlash against background checks.


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Debatewise debateSHOULD PARENTS HAVE THE RIGHT TO DO BACKGROUND CHECKS ON THOSE LOOKING AFTER THEIR CHILDREN?


Could lead to unnecessary background checks


The system to request information would be more involved than simply calling up and giving a name. A lengthy application form and ID check would be enough to deter those who were merely nosy, while allowing those who genuinely needed this information to obtain it.

What is there to stop your next-door neighbour checking up on your previous history? Or your work colleagues, just being nosy? Children could prank call the service, to check up on their teachers. Would there be anything to stop such unnecessary checks being made?


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