Since the promulgation of the Human Rights Act 1998 (HRA), there has been resistance from English judges with regard to disputes involving children. The English courts have the difficult task of reconciling the interests of parents and children since the principle of social protection only takes into account the interests of the child. Contrary to Article 8 of the European Convention on Human Rights (ECHR), parents' rights take priority. Are these two principles therefore in conflict? Before answering this question, it is best to start from the beginning. When proceedings relating to a child are before a court, section 1 of the Children Act 1989 (CA 1989) provides that the court's paramount consideration must be the welfare of the child. . The term overriding was explained by Lord Macdermott in J v C, meaning “that the welfare of the child must be treated as the primary element in a list of elements relevant to the issue in question”. His Lordship went on to explain that when all relevant facts and circumstances are considered and assessed, the outcome chosen by the court is based on the best interests of the child concerned. Therefore, the interests of others are only taken into account to the extent that they contribute to promoting the best interests of the child. Herring characterizes the current law of the principle of social protection as individualistic. An incessant debate has begun between several authors on the potential conflict between the principle of social protection and the ECHR. Article 8 provides that everyone's right to private and family life must be respected. This right is subject to certain restrictions specified in Article 8(2). The European Court of Human Rights (ECHR) has ruled in favor of children's rights. In the case of Johansen v. Norway, it considers...... middle of document ......tion and the welfare principle: a conflict resolution thesis' [2014] Fam.Law, 44 (March), 331-334 • Herring J., “Human rights law and the principle of social protection in family law – contradictory or complementary? [1999] CFLQ11 (3), 223-235• Ifezue G. Rajabali M., “Protecting the interests of the child” [2013] Cambridge Journal of International and Comparative Law 1: 77–85• Reece H., “The primacy principle Consensus or construction? [1996] 49 Current legal issues p. 267-304 • Simmonds C., “Primacy and the ECHR: a resolved conflict? [2012] Cambridge Law Journal Vol. 71 Number 3, 498-201Books• Choudhry S., Herring J. “European Human Rights and Family Law” (Hart Publishing, 2010)• Gilmore S., Glennon L., “Hayes and Williams'Family Law” (3rd edition, Oxford 2012)Websites• reviewed April 29 2014