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Author: Samuel M. Davis
Publisher:
ISBN: 0199795487
Category : Law
Languages : en
Pages : 474
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Book Description
In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).
Author: Brian Gran
Publisher: John Wiley & Sons
ISBN: 1509527885
Category : Social Science
Languages : en
Pages : 193
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Book Description
Children’s rights appear universal, inalienable, and indivisible, intended to advance young people’s interests. Yet, in practice, evidence suggests the contrary: the international framework of treaties, procedures, and national policies contains fundamental contradictions that weaken commitments to children’s real-world protections. Brian Gran helps us understand what is at stake when children’s rights are compromised. This insightful text grounds readers in core theories and key data about children’s legal entitlements. The chapters tackle central questions about what rights accrue to young people, whether they advance equality, and how they influence children’s identities, freedoms, and societal participation. Ultimately, this book shows how current frameworks hinder young people from possessing and benefiting from human rights, arguing that they function as cynical invitations to question whether we truly believe children are endowed with human rights. The Sociology of Children’s Rights offers a critical and accessible introduction to understanding a complex issue in the contemporary world, and is a compelling read for students and researchers concerned with human rights in sociology, political science, law, social work, and childhood studies.
Author: Jonathan Todres
Publisher: Oxford University Press
ISBN: 0190097620
Category : Law
Languages : en
Pages : 797
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Book Description
Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
Author: Eva Brems
Publisher: Routledge
ISBN: 1317268040
Category : Law
Languages : en
Pages : 449
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Book Description
Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children’s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children’s rights law and human rights law – and the potential for their isolation, inspiration or integration – may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children’s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.
Author: Hilaire Barnett
Publisher: Routledge
ISBN: 0429840527
Category : Law
Languages : en
Pages : 217
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Book Description
This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.
Author: Jane Fortin
Publisher: Cambridge University Press
ISBN: 1139479989
Category : Law
Languages : en
Pages : 879
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Book Description
Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.
Author: Samuel Davis
Publisher: Oxford University Press
ISBN: 0199878218
Category : Law
Languages : en
Pages : 474
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Book Description
In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).
Author: Samuel M. Davis
Publisher:
ISBN: 0199795487
Category : Law
Languages : en
Pages : 474
Get Book Here
Book Description
In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).
Author: Francesca Ippolito
Publisher: Springer Nature
ISBN: 9462655472
Category : Law
Languages : en
Pages : 346
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Book Description
This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024.
Author: Phil Jones
Publisher: SAGE Publications
ISBN: 1849203806
Category : Social Science
Languages : en
Pages : 257
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Book Description
Considering the rights of the child is now central to all fields involving children and to good multi-agency working. This book offers an explanation of the theoretical issues and the key policy developments that are crucial to all professions, and helps the reader to understand children's rights in relation to their role in working with children and young people. Looking at education, health, social care and welfare, it bridges the gap between policy and practice for children from Birth to 19 years. Chapters cover: - the child's right to play - youth justice and children's rights - the voice of the child - ethical dilemmas in different contexts - involvement, participation and decision making - safeguarding and child protection - social justice and exclusion This book helps the reader understand what constitutes good practice, whilst considering the advantages and tensions involved in working across disciplines to implement children's rights against a complex legislative and social policy backdrop. Essential reading for undergraduate and graduate students on Early Years, Early Childhood Studies, Childhood and Youth, Education, Law, Social Work, Play and Psychology courses, it is relevant to professionals working across education, health and social work.
Author: Jane Fortin
Publisher: Cambridge University Press
ISBN: 9780521606486
Category : Juvenile Nonfiction
Languages : en
Pages : 722
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Book Description
This text considers the developing law in England and Wales as it applies to the burgeoning and confusing subject of the rights of children. It examines the extent to which the emerging legal principles can be harnessed to fulfil those rights.
