Children Autonomy And The Courts
Download Children Autonomy And The Courts full books in PDF, epub, and Kindle. Read online free Children Autonomy And The Courts ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Aoife Daly |
Publisher | : BRILL |
Total Pages | : 467 |
Release | : 2017-12-18 |
Genre | : Law |
ISBN | : 9004355820 |
In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.
Author | : Aoife Daly |
Publisher | : Lund Humphries Publishers |
Total Pages | : |
Release | : 2015-04-28 |
Genre | : |
ISBN | : 9781409467991 |
Author | : Claire Fenton-Glynn |
Publisher | : Oxford University Press, USA |
Total Pages | : 465 |
Release | : 2021-01-07 |
Genre | : Law |
ISBN | : 0198787510 |
This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
Author | : Dominic Wilkinson |
Publisher | : Elsevier Health Sciences |
Total Pages | : 192 |
Release | : 2018-08-05 |
Genre | : Medical |
ISBN | : 0702077828 |
What should happen when doctors and parents disagree about what would be best for a child? When should courts become involved? Should life support be stopped against parents’ wishes? The case of Charlie Gard, reached global attention in 2017. It led to widespread debate about the ethics of disagreements between doctors and parents, about the place of the law in such disputes, and about the variation in approach between different parts of the world. In this book, medical ethicists Dominic Wilkinson and Julian Savulescu critically examine the ethical questions at the heart of disputes about medical treatment for children. They use the Gard case as a springboard to a wider discussion about the rights of parents, the harms of treatment, and the vital issue of limited resources. They discuss other prominent UK and international cases of disagreement and conflict. From opposite sides of the debate Wilkinson and Savulescu provocatively outline the strongest arguments in favour of and against treatment. They analyse some of the distinctive and challenging features of treatment disputes in the 21st century and argue that disagreement about controversial ethical questions is both inevitable and desirable. They outline a series of lessons from the Gard case and propose a radical new ‘dissensus’ framework for future cases of disagreement. This new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. The contents review prominent cases of disagreement from the UK and internationally and analyse some of the distinctive and challenging features around treatment disputes in the 21st century. The book proposes a radical new framework for future cases of disagreement around the care of gravely ill people.
Author | : Jonathan Herring |
Publisher | : Springer Science & Business Media |
Total Pages | : 63 |
Release | : 2014-03-11 |
Genre | : Law |
ISBN | : 3319049879 |
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.
Author | : Trude Haugli |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Children |
ISBN | : 9789004382800 |
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 | : Jane Fortin |
Publisher | : Cambridge University Press |
Total Pages | : 879 |
Release | : 2009-08-13 |
Genre | : Law |
ISBN | : 1139479989 |
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 | : Lynne Curry |
Publisher | : |
Total Pages | : 184 |
Release | : 2007 |
Genre | : Family & Relationships |
ISBN | : |
Joshua's story -- Child protection in the nineteenth and twentieth centuries -- The crime of child abuse -- DeShaney v. Winnebago County in the lower courts -- DeShaney v. Winnebago County in the U.S. Supreme Court -- "Poor Joshua!" DeShaney v. Winnebago County in the court of public opinion
Author | : Aoife Daly |
Publisher | : BRILL |
Total Pages | : 120 |
Release | : 2016-04-08 |
Genre | : Law |
ISBN | : 9004258833 |
In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights of the Child – the right of children to freedom of association and assembly. Relevant international law text and case law are examined, but this commenary goes beyond this to reconceptualise Article 15. The right is applied to themes as varied as association with family and friends, political demonstrations, and the unionisation of working children, with the special position of children to the forefront of the analysis. Possibilities for progressing the right through UN mechanisms, courts and other arenas are considered. In doing so, this book pushes traditional boundaries to and understandings of association and assembly, drawing-out particularly child-specific elements of this crucial right.
Author | : Geraldine Van Bueren |
Publisher | : Council of Europe |
Total Pages | : 214 |
Release | : 2007-01-01 |
Genre | : Social Science |
ISBN | : 9789287162694 |
This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description