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Children, the Law and the Welfare Principle: Perspectives from Australia & New Zealand (Children and the Law)
by Kerry O'HalloranThis book contrasts and compares the different application of the law relating to the welfare interests of children in Australia and New Zealand including, respectively, the Indigenous and Māori children of those countries. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in Australia and New Zealand.
Children, the Law and the Welfare Principle: Perspectives from Australia & New Zealand (Children and the Law)
by Kerry O'HalloranThis book contrasts and compares the different application of the law relating to the welfare interests of children in Australia and New Zealand including, respectively, the Indigenous and Māori children of those countries. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in Australia and New Zealand.
Children, the Law and the Welfare Principle: Civil Law Perspectives from France and Germany (Children and the Law)
by Kerry O'HalloranThis book contrasts and compares the different application of the law relating to the welfare interests and rights of children in France and Germany. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies and social policy, and also to policymakers, administrators, and professionals working within child welfare systems.
Children, the Law and the Welfare Principle: Civil Law Perspectives from France and Germany (Children and the Law)
by Kerry O'HalloranThis book contrasts and compares the different application of the law relating to the welfare interests and rights of children in France and Germany. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies and social policy, and also to policymakers, administrators, and professionals working within child welfare systems.
Children, the Law and the Welfare Principle: European Judicial Perspectives (Children and the Law)
by Kerry O'HalloranThis book continues the themes addressed by its five predecessors in this series by examining the role of the principle of the welfare interests of the child as addressed in international legislation and by international courts.It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children’s rights – in the public (care, protection, and control), in the private (matrimonial, adoption, etc.), and in the hybrid (adoption from state care, etc.) sectors of family law – it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time.In addition to a digest of international cases and legislation – that identifies and tracks the role of the welfare principle and the emerging rights of children – lawyers, academics, and other researchers will find a wealth of information on how the law has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence on how the law has balanced this principle relative to others – such as proportionality and subsidiarity – within both civil and criminal contexts.
Children, the Law and the Welfare Principle: European Judicial Perspectives (Children and the Law)
by Kerry O'HalloranThis book continues the themes addressed by its five predecessors in this series by examining the role of the principle of the welfare interests of the child as addressed in international legislation and by international courts.It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children’s rights – in the public (care, protection, and control), in the private (matrimonial, adoption, etc.), and in the hybrid (adoption from state care, etc.) sectors of family law – it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time.In addition to a digest of international cases and legislation – that identifies and tracks the role of the welfare principle and the emerging rights of children – lawyers, academics, and other researchers will find a wealth of information on how the law has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence on how the law has balanced this principle relative to others – such as proportionality and subsidiarity – within both civil and criminal contexts.
Children, their Families and the Law: Working with the Children Act (Practical Social Work Series)
by Michael D.A. Freeman`a very good book indeed...of great assistance to the busy practitioner, from whatever discipline...His account of the background to the present legislation governing contact with children in care is the most comprehensive I have read'. - Adoption and Fostering. `An authoritative and well-balanced text on the Children Act 1989. It will be of considerable assistance to students and practitioners in the social work and legal professions'- Peter Coysh, Social Policy and Administration. The Children Act has radically changed the daily work of all concerned with the welfare of children. This book, written by a foremost legal authority who has a sensitive understanding of the practices of social workers involved, is the only one to consider the Law, the Guidance issued by the Government, the Regulations and the problems likely to be experienced in daily practice. Social workers and lawyers too will find the book an invaluable guide to the complexities of the new legal framework.
Children with Mental Disorder and the Law: A Guide to Law and Practice (PDF)
by Anthony Harbour Mary Mitchell Wendy WhitakerChildren and young people with complex mental health needs are increasingly being cared for within specialist mental health care settings, either in the community or in in-patient facilities. With rapid social developments, it can be difficult for carers and practitioners to keep track of the law in this area. This book provides a guide to the law relating to mental health care for children and young people, their rights and entitlement to service, and discusses important issues in clinical and social care practice such as parental responsibility, Gillick competency and capacity, emergency intervention and detention, assessment of mental illness and confidentiality in practice. A chapter written by Mary Mitchell considers the diagnosis and management of complex mental illness in young people, and a concluding chapter discusses changes in the law. Jargon-free and accessibly written, this is an invaluable guide for professionals working in child and adolescent health and social care, social workers, youth workers, social welfare policy makers, medical professionals, teachers, educational professionals and students, as well as advocates for children and young people.
Children’s Environmental Rights Under International and EU Law: The Changing Face of Fundamental Rights in Pursuit of Ecocentrism
by Francesca IppolitoThis 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.
Children’s Experience, Participation, and Rights During COVID-19
by Ruby Turok-SquireThis edited volume examines how opportunities to realise children’s rights and the experience of childhood itself have been changed by the pandemic. It brings together the voices of leading scholars, policy advisors, psychologists, charities engaged in empowering children, and children and young people themselves. By exposing children’s own perspectives and ideas for change, the book aims to suggest ways in which children could be better supported during this crisis. Chapters connect the experiences of under-represented groups, including children with disabilities and housing-distressed children. Authors illuminate ways to see and hear children more clearly and enable children’s participation during and beyond COVID-19.This book is part of a mini-series that explores the effects of COVID-19 on children’s education, rights and participation. These books will expose and connect the struggles faced by particularly vulnerable children, including children with disabilities, housing-distressed children, and refugee and displaced children. They will explore how best to listen to and support children in diverse situations, in order to enable them to realise their rights more effectively.
Children's Human Rights in the USA: Challenges and Opportunities (Clinical Sociology: Research and Practice)
by Yvonne VissingThis book critically examines why a human rights framework would improve the wellbeing and status of young people. It explores children’s rights to provision, protection, and participation from human rights and clinical sociological perspectives, and from historical to contemporary events. It discusses how different ideologies have shaped the way we view children and their place in society, and how, despite the rhetoric of children's protection, people under 18 years of age experience more poverty, violence, and oppression than other group in society. The book points to the fact that the USA is the only member of the United Nations not to ratify a children’s human rights treaty; and the impact of this decision finds US children less healthy and less safe than children in other developed countries. It shows how a rights-respecting framework could be created to improve the lives of our youngest citizens – and the future of democracy. Authored by a renowned clinical sociologist and international human rights scholar, this book is of interest to researchers, students, social workers and policymakers working in the area of children's wellbeing and human rights.
Children's Lives in an Era of Children's Rights: The Progress of the Convention on the Rights of the Child in Africa (Routledge Research in Human Rights Law)
by Afua Twum-Danso Imoh Nicola AnsellThe Convention on the Rights of the Child (CRC), which was adopted unanimously by the United Nations General Assembly in 1989, marked a turning point in the perception of children in international law and policy. Although it was hoped that the Convention would have a significant and positive impact on the lives of all children, this has not happened in many parts of the world. This edited volume, based on empirical research and Non-Governmental Organisation project data, explores the progress of the Convention on the Rights of the Child, and to a lesser extent, the African Charter on the Rights and Welfare of the Child, in nine African countries in the 25 years since it was adopted by the UN General Assembly. The book considers the implementation of the Convention both in terms of policy and practice, and its impact on the lived experiences of children in societies across the continent, focusing on specific themes such as HIV/AIDS, education and disability, child labour, witchcraft stigmatisation, street children, parent-child relationships and child participation. The book breaks new ground in blending legal and social perspectives of the experiences of children, and identifies concrete ways forward for the better implementation of the CRC treaty in the various political contexts that exist in Africa.
Children's Lives in an Era of Children's Rights: The Progress of the Convention on the Rights of the Child in Africa (Routledge Research in Human Rights Law)
by Nicola Ansell Afua Twum-Danso ImohThe Convention on the Rights of the Child (CRC), which was adopted unanimously by the United Nations General Assembly in 1989, marked a turning point in the perception of children in international law and policy. Although it was hoped that the Convention would have a significant and positive impact on the lives of all children, this has not happened in many parts of the world. This edited volume, based on empirical research and Non-Governmental Organisation project data, explores the progress of the Convention on the Rights of the Child, and to a lesser extent, the African Charter on the Rights and Welfare of the Child, in nine African countries in the 25 years since it was adopted by the UN General Assembly. The book considers the implementation of the Convention both in terms of policy and practice, and its impact on the lived experiences of children in societies across the continent, focusing on specific themes such as HIV/AIDS, education and disability, child labour, witchcraft stigmatisation, street children, parent-child relationships and child participation. The book breaks new ground in blending legal and social perspectives of the experiences of children, and identifies concrete ways forward for the better implementation of the CRC treaty in the various political contexts that exist in Africa.
Children's Rights: From Philosophy to Public Policy
by Mhairi CowdenDespite the existence of the UN Convention on the Rights of the Child there still exists a debate on whether children can really hold rights. This book presents a clear theory of children's rights by examining controversial case studies. The author presents a pathway to translating rights into practical social and political instruments for change.
Children's Rights
by Ursula KilkellyThe articles in this volume shed light on some of the major tensions in the field of children‘s rights (such as the ways in which children‘s best interests and respect for their autonomy can be reconciled), challenges (such as how the CRC can be made a reality in the lives of children in the face of ignorance, apathy or outright opposition) and critiques (whether children‘s rights are a Western imposition or a successful global consensus). Along the way, the writing covers a myriad of issues, encompassing the opposition to the CRC in the US; gay parenting: Dr Seuss‘s take on children‘s autonomy; the voice of neonates on their health care; the role of NGO in supporting child labourers in India, and young people in detention and more.
Children's Rights: A Comparative Perspective (Issues In Law And Society Ser. #2)
by Ursula KilkellyThe articles in this volume shed light on some of the major tensions in the field of children‘s rights (such as the ways in which children‘s best interests and respect for their autonomy can be reconciled), challenges (such as how the CRC can be made a reality in the lives of children in the face of ignorance, apathy or outright opposition) and critiques (whether children‘s rights are a Western imposition or a successful global consensus). Along the way, the writing covers a myriad of issues, encompassing the opposition to the CRC in the US; gay parenting: Dr Seuss‘s take on children‘s autonomy; the voice of neonates on their health care; the role of NGO in supporting child labourers in India, and young people in detention and more.
Children’s Rights: A Commentary on the Convention on the Rights of the Child and its Protocols (Elgar Commentaries series)
by Wouter Vandenhole Gamze Erdem Türkelli Sara LembrechtsThis comprehensive Commentary presents a contemporary legal perspective on the inherently interdisciplinary field of children’s rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its Optional Protocols, providing contextualised information on the interpretation and implementation of the children’s rights provisions therein. A detailed introduction examines the history of the Convention and places it within the wider landscape of human rights and other disciplinary approaches such as the sociology of childhood. The Commentary critically engages with the text of the Convention, exploring commonly used concepts and defining pertinent terminology. The authors draw on multiple perspectives and refer to disciplines outside of law to enrich the analysis of the articles, their interpretation and the study of children’s rights as a discipline. Featuring examples of case law from regional human rights systems this Commentary provides a well-rounded insight into the status of children's rights on a global scale. Written in an accessible style, this Commentary will be a valuable reference work for students, researchers, practitioners and policymakers alike. The Commentary will be of great interest to those working within children’s rights law and human rights law. Researchers in politics, sociology and international studies who are seeking further information and insight on the rights of children will also find this Commentary to be a useful point of reference.
Children's Rights and Power: Charging Up for a New Century (PDF)
by Mary JohnExamining children's rights from a global perspective, Mary John considers how children experience power, being powerful and the transformation of power relationships. She explores this issue objectively yet compassionately, comparing the situation of children to that of powerless minority groups and asking why children are rarely included in debates on social accountability, freedom and autonomy. Examining children's rights in relation to current thinking about the nature of power, the role of competence within this, and how perception of power is determined by culture and economics, she presents discussion of issues and movements affecting children around the world uncovered in her research, including: · the Children's Parliament in India · the rise in violence among Japanese schoolchildren · child soldiers in Africa · democratic schooling in Albany, USA. She argues that democracies are not only sought in the public sphere, they are created within the emotional intimacies of private social worlds, presenting the child with new challenges for the recognition and realization of their rightful autonomy and agency. With in-depth research and thought-provoking discussion, this book supplies a wealth of information for policy makers, social workers and academics, articulated in a compelling and lively style.
Children's Rights and Refugee Law: Conceptualising Children within the Refugee Convention (Law and Migration)
by Samantha ArnoldChildren make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.
Children's Rights and Refugee Law: Conceptualising Children within the Refugee Convention (Law and Migration)
by Samantha ArnoldChildren make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.
Children's Rights and Social Work (SpringerBriefs in Rights-Based Approaches to Social Work)
by Hanita Kosher Asher Ben-Arieh Yael HendelsmanThis book provides a conceptual framework for children's rights as well as specific strategies and opportunities for social workers to apply in their work. It guides social work professionals and students through the history of children's rights. It also includes a call for a paradigm shift from a focus on the right to nurturance to the right to self-determination, as well as a contrasting look at children's rights in the West versus the rest of the world.
Children’s Rights and the Capability Approach: Challenges and Prospects (Children’s Well-Being: Indicators and Research #8)
by Daniel Stoecklin Jean-Michel BonvinThis volume addresses the conditions allowing the transformation of specific children’s rights into capabilities in settings as different as children’s parliaments, organized leisure activities, contexts of vulnerability, children in care. It addresses theoretical questions linked to children’s agency and reflexivity, education, the life cycle perspective, child participation, evolving capabilities and citizenship. The volume highlights important issues that have to be taken into account for the implementation of human rights and the development of peoples’ capabilities. The focus on children’s capabilities along a rights-based approach is an inspiring perspective that researchers and practitioners in the field of human rights would like to deepen.
Children's Rights and the Law: An Introduction
by Hilaire BarnettThis 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.
Children's Rights and the Law: An Introduction
by Hilaire BarnettThis 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.
Children’s Rights and the Minimum Age of Criminal Responsibility: A Global Perspective
by Don CiprianiChildren of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.