Children In Conflict With The Law
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| Author | : Jonathan Todres |
| Publisher | : Oxford University Press |
| Total Pages | : 797 |
| Release | : 2020-02-19 |
| Genre | : Law |
| ISBN | : 0190097620 |
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 | : K. Fisher |
| Publisher | : Springer |
| Total Pages | : 886 |
| Release | : 2013-10-10 |
| Genre | : Political Science |
| ISBN | : 113703050X |
This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.
| Author | : Dominic Wilkinson |
| Publisher | : Elsevier Health Sciences |
| Total Pages | : 190 |
| 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 | : Myriam Denov |
| Publisher | : Columbia University Press |
| Total Pages | : 248 |
| Release | : 2017-08-08 |
| Genre | : Social Science |
| ISBN | : 0231539673 |
Societal turbulence, state collapse, religious and ethnic conflict, poverty, hunger, and social exclusion all underlie children's involvement in armed conflict. Drawing from empirical studies in eleven conflict-ridden countries, including Pakistan, Sri Lanka, Thailand, Colombia, Uganda, Palestine, Somalia, Liberia, Sierra Leone, Sudan, and South Sudan, Children Affected by Armed Conflict crosses cultures and contexts to capture a range of perspectives on the realities of armed conflict and its aftermath for children. Children Affected by Armed Conflict upends traditional views by emphasizing the experience of girls as well as boys, the unique social and contextual backgrounds of war-affected children, and the resilience and agency such children often display. Including children who are victims of, participants in, and witnesses to armed conflict in their analyses, the contributors to this volume highlight innovative methodologies that directly involve war-affected children in the research process. This validates the perspectives of children and ensures more effective outcomes in postwar reintegration and recovery. Deficits-based models do not account for the realities many war-affected children face. The alternative approaches presented in this edited collection—which acknowledge the realities of both trauma and resilience—aim to generate more effective policies and intervention strategies in the face of a growing global public health crisis.
| Author | : John Tobin |
| Publisher | : OUP Oxford |
| Total Pages | : 1873 |
| Release | : 2019-03-28 |
| Genre | : Law |
| ISBN | : 0191544175 |
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict, and the Sale of Children, Child Prostitution and Pornography. It provides a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children, and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional, and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
| Author | : United Nations Office on Drugs and Crime |
| Publisher | : United Nations Publications |
| Total Pages | : 116 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9789211337617 |
This publication sets out practical guidance on the use of fifteen indicators of core importance to juvenile justice, developed by UNICEF and the UN Office on Drugs and Crime in consultation with non-governmental organisations and individual experts. The indicators have been refined through field-testing in a number of countries and are endorsed by the Interagency Juvenile Justice Panel. The indicators fall into two categorie of quantitative and policy matters, with five core indicators relating to: the number of children in detention; the number of children in pre-sentence detention; the percentage of children sentenced to a custodial sentence; the percentage of children diverted or sentenced who enter a pre-sentence diversion scheme; and the existence of a specialised juvenile justice system.
| Author | : Jenny Kuper |
| Publisher | : Oxford University Press |
| Total Pages | : 324 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : 9780198264859 |
Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.
| Author | : Saju Parackal |
| Publisher | : Springer |
| Total Pages | : 264 |
| Release | : 2019-07-09 |
| Genre | : Social Science |
| ISBN | : 3030165892 |
This book offers a sociological exploration of street children in India and what pulls and pushes them into delinquency, at a time when the government of India is contemplating strengthening its juvenile justice system. It draws on in-depth, qualitative research carried out by an NGO which included unstructured and structured interviews with over 600 children as well as stakeholders. Through the stories of Indian children, this book examines the major factors which together play a crucial role in their engagement in deviant behaviour as they grow up. However, the authors argue that they should not be viewed not as a dangerous threat but as the country’s most valuable resource. The authors conclude that a punitive strategy may not be the best option, advocating instead for a focus on restorative justice which has been found to be effective and beneficial alongside other strategies which help strengthen families and enhance parenting skills.
| Author | : Maarit Jänterä-Jareborg |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Children |
| ISBN | : 9781780683461 |
The Child's Interests in Conflict addresses one of the most pressing issues of any multicultural society, namely the conflicting demands on children from minority groups or children born to parents of different cultural or faith backgrounds. What a family may consider to be in the child's best interest and welfare in court decisions may not be shared by society at large. Each can be guided by faith, culture, and tradition. Society can view the child as being exposed to a significant harm or to risk of harm if certain traditions are followed, while, in contrast, parents can believe that their child is harmed or is in harm's way if that tradition is not respected. Focusing on such circumstances in Europe, the contributions in this book - all written by internationally leading experts and with a interdisciplinary element - address situations of conflict regarding: a child's upbringing and education in general * the shaping of a child's cultural or faith-based identity * underage marriages * the circumcision of boys * the role of faith and culture in society's placements of children outside the care of their family * the role of faith in cross-border child abduction and disputes over parental responsibilities. Attention is paid to the case law of the European Court of Human Rights and to less well-known national case law, as well as to recent national legislation, all of which show not only the complexity of the issues discussed, but also the differing ways multicultural challenges are dealt with. The book strives to answer, inter alia, how legal systems should navigate between the competing claims and conflicting interests without forgetting the main person to be protected, namely the child; and how the scope of tolerance, recognition, and autonomy should be defined. (Series: European Family Law - Vol. 41) Subject: European Law, Human Rights Law, Family Law, Children's Law, Socio-Legal Studies]
| Author | : James G. Dwyer |
| Publisher | : |
| Total Pages | : 954 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0190694394 |
The Oxford Handbook of Children and the Law presents cutting-edge interdisciplinary scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in each area. Authors present and analyze 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, ART, and surrogacy); infant development; child maltreatment (including corporal punishment and religious defences to abuse and neglect); the child protection system and foster care; child custody disputes between parents; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulating private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. It is an essential resource for scholars and professionals interested in the intersection of children and the law.
