Global Reflections on Children’s Rights and the Law

Global Reflections on Children’s Rights and the Law
Author: Ellen Marrus
Publisher: Routledge
Total Pages: 292
Release: 2021-07-22
Genre: Law
ISBN: 1000412598

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children’s various civil rights; how to best assist children at risk; and discussions surrounding children’s identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children’s rights and justice.

Law in Society: Reflections on Children, Family, Culture and Philosophy

Law in Society: Reflections on Children, Family, Culture and Philosophy
Author: Alison Diduck
Publisher: BRILL
Total Pages: 685
Release: 2015-08-24
Genre: Law
ISBN: 9004261494

This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity. The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).

International Human Rights of Children

International Human Rights of Children
Author: Ursula Kilkelly
Publisher: Springer
Total Pages: 722
Release: 2018-12-13
Genre: Law
ISBN: 9789811041839

This book explores the meaning and implementation of international children’s rights law, as laid down in the United Nations Convention on the Rights of the Child and related international and regional human rights instruments. It considers the application of international children’s rights at the national level and addresses key procedural and institutional matters concerning children’s rights implementation, including monitoring, complaints mechanisms, effective remedies, advocacy and international agenda-setting. The book breaks new ground by analysing a wide range of international children’s rights issues from a legal perspective. It incorporates a comparative perspective on children’s rights law at the international, regional and domestic level and contains information on evidence-based strategies towards the implementation and enforcement of international children’s rights law. The book is targeted at academics, legal and other professionals, and advanced students. It analyses children’s rights law in the following areas: implementation and enforcement; advocacy and standard setting; complaints and remedies; the child and the family; adoption; alternative care; protection from violence; civil rights of the child; economic, social and cultural rights; education; health; migration and refugees; children and the justice system; children with disabilities; deprivation of liberty; children’s rights and digital technologies; war and disaster; sustainable development goals and further contemporary issues.

Children’s Rights, Educational Research and the UNCRC

Children’s Rights, Educational Research and the UNCRC
Author: Jenna Gillett-Swan
Publisher: Symposium Books Ltd
Total Pages: 170
Release: 2016-03-01
Genre: Education
ISBN: 1873927959

‘Children’s Rights, Educational Research, and the UNCRC’ provides international perspectives on contemporary issues pertaining to children’s rights in education. The global context, relevance and implications of children’s rights, educational research and the United Nations Convention on the Rights of the Child (UNCRC) are explored from multiple perspectives. Since the development of the UNCRC over 25 years ago, significant changes have occurred in the way that children’s rights are considered, conceptualised and enacted. Even so, there remains a continued debate surrounding the extent to which the children’s rights agenda is embraced within education, as researchers, teachers and other educational professionals continue to consider the degree to which the UNCRC informs practice. This book provides critical and focused discussion on the challenges of enacting children’s rights in educational research contexts and alerts readers to the ways in which children’s rights provide a provocation to think and practise differently. Chapter contributions from scholars in Australia, Finland, Portugal, Sweden and the United Kingdom provide diverse contexts from which subsequent educational and research practice can be derived. Each chapter problematises different aspects of children’s rights within the context of educational research with both broad and specific wide-ranging implications and provides examples of different ways that these aspects are considered in practice.

Children's Rights Law in the Global Human Rights Landscape

Children's Rights Law in the Global Human Rights Landscape
Author: Eva Brems
Publisher: Taylor & Francis
Total Pages: 327
Release: 2017-04-21
Genre: Law
ISBN: 1317268059

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.

Research Handbook on Family Justice Systems

Research Handbook on Family Justice Systems
Author: Mavis Maclean
Publisher: Edward Elgar Publishing
Total Pages: 447
Release: 2023-05-09
Genre: Law
ISBN: 1800881401

Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.

Children’s Environmental Rights Under International and EU Law

Children’s Environmental Rights Under International and EU Law
Author: Francesca Ippolito
Publisher: Springer Nature
Total Pages: 346
Release: 2022-11-07
Genre: Law
ISBN: 9462655472

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.

Parental Child Abduction to Islamic Law Countries

Parental Child Abduction to Islamic Law Countries
Author: Nazia Yaqub
Publisher: Bloomsbury Publishing
Total Pages: 249
Release: 2022-10-20
Genre: Law
ISBN: 1509939121

As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique child rights perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.

Child Migration and Human Rights in a Global Age

Child Migration and Human Rights in a Global Age
Author: Jacqueline Bhabha
Publisher: Princeton University Press
Total Pages: 389
Release: 2016-05-17
Genre: Political Science
ISBN: 0691169101

The first comprehensive look at the global dilemma of child migration Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children—one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.

Children and International Human Rights Law

Children and International Human Rights Law
Author: Aisling Parkes
Publisher: Routledge
Total Pages: 392
Release: 2013-08-15
Genre: Law
ISBN: 1135085269

The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the historical and theoretical background to Article Twelve, and examines the various models of participation which have been created to facilitate a better understanding of this provision. Aisling Parkes analyzes the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives.