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Author: Georgina Dimopoulos
Publisher: Taylor & Francis
ISBN: 1000761517
Category : Law
Languages : en
Pages : 268
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Book Description
Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria. This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children. This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.
Author: Georgina Dimopoulos
Publisher: Taylor & Francis
ISBN: 1000761517
Category : Law
Languages : en
Pages : 268
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Book Description
Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria. This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children. This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.
Author: Ziba Vaghri
Publisher: Springer Nature
ISBN: 3030846474
Category : Education
Languages : en
Pages : 429
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Book Description
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Author: Ton Liefaard
Publisher: BRILL
ISBN: 9004295054
Category : Law
Languages : en
Pages : 964
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Book Description
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
Author: Trude Haugli
Publisher: Brill Nijhoff
ISBN: 9789004382800
Category : Children
Languages : en
Pages : 0
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Book Description
This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
Author: Georgina Dimopoulos
Publisher:
ISBN:
Category :
Languages : en
Pages : 10
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Book Description
Privacy and family law are both dynamic, subjects of passionate debate, and constantly changing with developments in society, policy and technology. This paper develops a normative understanding of the meaning and value of privacy in the context of proceedings under the Family Law Act 1975 (Cth) (Family Law Act) that embraces children's decision-making autonomy. The focus is privacy's decisional dimension, which has received scant scholarly attention in the Australian family law context. Recognising and respecting children's (as distinct from their parents') decision-making autonomy, and children's right to make decisions that might conflict with their parents' (and the state's) wishes, remain significant, and unresolved, challenges for the Australian family courts. This paper explores these issues using court authorisation of special medical procedures for children diagnosed with gender dysphoria as a case study. This paper argues that the construction of children as vulnerable to harm and the hierarchical nature of the parent-child relationship under the Family Law Act, coupled with judicial approaches to determining the 'best interests of the child' as the paramount consideration, have inhibited the Family Court of Australia from embracing children's decisional privacy. This paper addresses concerns about the perceived conflictual consequences of doing so. It emphasises the relationality of children's rights, the significance of the family unit, and the public interest in promoting children as active participants in proceedings as a policy goal of family law.
Author: Elaine E. Sutherland
Publisher: Cambridge University Press
ISBN: 1107158257
Category : Law
Languages : en
Pages : 449
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Book Description
Offers expert comparative analysis of the child's best interests within the context of Article 3 of the UNCRC.
Author: Amnesty International
Publisher: Zest Books ™
ISBN: 1728449685
Category : Young Adult Nonfiction
Languages : en
Pages : 288
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Book Description
A timely look at children's rights, the young activists who fought for them, and how readers can do the same by Amnesty International, Angelina Jolie, and Geraldine Van Bueren
Author: Asgeir Falch-Eriksen
Publisher: Springer
ISBN: 3319948008
Category : Child welfare
Languages : en
Pages : 269
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Book Description
This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .
Author: James G. Dwyer
Publisher: Oxford University Press, USA
ISBN: 0190694394
Category : Law
Languages : en
Pages : 954
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Book Description
The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.
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.
