Vulnerability, Childhood and the Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Vulnerability, Childhood and the Law PDF full book. Access full book title Vulnerability, Childhood and the Law by Jonathan Herring. Download full books in PDF and EPUB format.
Author: Jonathan Herring
Publisher: Springer
ISBN: 3319786865
Category : Law
Languages : en
Pages : 74
Get Book Here
Book Description
This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.
Author: Jonathan Herring
Publisher: Springer
ISBN: 3319786865
Category : Law
Languages : en
Pages : 74
Get Book Here
Book Description
This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.
Author: Camilla Pickles
Publisher: Routledge
ISBN: 0429812906
Category : Health & Fitness
Languages : en
Pages : 281
Get Book Here
Book Description
This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.
Author: Rosemary Sheehan
Publisher: Jessica Kingsley Publishers
ISBN: 0857004565
Category : Law
Languages : en
Pages : 370
Get Book Here
Book Description
Global support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together. Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.
Author: Julie Wallbank
Publisher: Routledge
ISBN: 1136003444
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.
Author: Jonathan Herring
Publisher: Cambridge University Press
ISBN: 1108425135
Category : Law
Languages : en
Pages : 213
Get Book Here
Book Description
Describes the concept of the relational self and its potential significance to the law.
Author: Kate Brown
Publisher: Policy Press
ISBN: 1447318188
Category : Family & Relationships
Languages : en
Pages : 248
Get Book Here
Book Description
Policies to assist or protect vulnerable youth play a crucial role in welfare and criminal justice processes, but what role does the discourse surrounding these policies play in how they are put into action? Bringing together real-life examples with academic and practical applications, this book explores the implications of a "vulnerability zeitgeist" in policy and practice. It draws on in-depth research with marginalized young people and the professionals who support them to question whether the rise of the concept of vulnerability serves the interests of those who are most disadvantaged. Vulnerability and Young People will be important reading for scholars, students, and policy makers interested in the care and protection of young people.
Author: Laura Westra
Publisher: Springer
ISBN: 3319050710
Category : Law
Languages : en
Pages : 188
Get Book Here
Book Description
Child Law starts with the question “Who is the Child?” In direct contrast to the CRC, which calls for putting the interests of the child first in all policies dealing with children, it appears that the interests of others are the major consideration de facto. In law, children’s right to protection is severely limited by the presence of a maximum age limit, with no consideration of the starting point: current and ongoing scientific research has demonstrated the effects of this non-consideration in a number of abnormalities and diseases, not only in children, but in adults and the elderly. The WHO has published a number of studies to that effect and the 2012 Report on Endocrine Disruptors more than confirms this claim. This and other scientific insights that have largely been ignored show the flaws and inadequacies of the legal regimes intended to protect children, in a number of areas, from the basic public health to the right to normal development; child labor law conventions; in conflict situations; as a result of climate and other events; children as illegal migrants and as inmates in prison camps.
Author: Jozef H.H.M. Dorscheidt
Publisher: BRILL
ISBN: 9004327576
Category : Law
Languages : en
Pages : 675
Get Book Here
Book Description
While coordinating the University of Groningen’s Honours College Winterschool/Atelier entitled Children's Rights in Health Care, the need to publish the contributions to this program was generally expressed and confirmed by its participants. The Winterschool/Atelier, successfully organized in recent years, has dealt with many issues concerning the legal position of minor persons – born and unborn – in the context of health care, especially pediatric care. These issues involve matters concerning pediatric treatment, preventive care and predictive medicine, medical research involving children, incompetence and child autonomy, a child’s psychological development, parental responsibility and representation, protective judicial measures, child migration issues, children’s health rights enforcement as well as children’s health interest monitoring and promotion. During the program, leading experts in the fields of law, ethics, medicine, biology, psychology and institutions such as the Dutch Child & Hospital Foundation, the Child Protection Board, Save the Children, and UNICEF shared their views on normative standards, practical experiences, significant developments, challenging ideas, silent dreams and inevitable realities. As a result, the Children's Rights in Health Care program provided opportunities for a profound dialogue between Honours College students and lecturing scholars on a wide range of topics involving children’s health care interests. This volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children’s rights perspective on health care.
Author: Theodore B. Cohen
Publisher: International Universities Press
ISBN:
Category : Medical
Languages : en
Pages : 264
Get Book Here
Book Description
Author: Michael Freeman
Publisher: OUP Oxford
ISBN: 0191639524
Category : Political Science
Languages : en
Pages : 769
Get Book Here
Book Description
Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at Univesity College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Childhood Studies, the fourteenth volume in the Current Legal Issues series, offers an insight into the state of law and childhood studies scholarship today. Focussing on the inter-connections between the two disciplines, it addresses the key issues informing current debates.
