The Rights Of The Child And The Law
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| Author | : Hilaire Barnett |
| Publisher | : Routledge |
| Total Pages | : 217 |
| Release | : 2021-11-14 |
| Genre | : Law |
| ISBN | : 0429840527 |
This 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.
| Author | : Geraldine Van Bueren |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 464 |
| Release | : 2021-11 |
| Genre | : Family & Relationships |
| ISBN | : 9004482199 |
Only available in paperback version ISBN 90 411 1091 7 This volume draws upon the author's own experience to highlight the complexities behind the global violations of children's rights. Analysis and description are interwoven to provide a coherent study of the international status of children and the rights which attach to this status, both for those familiar and unfamiliar with international law. The author demonstrates the potential of international law in protecting the rights of children, even in states which are restructuring their economies. To be effective, international law cannot be used in isolation and the text seeks to place the rights of the child in their cultural and historical contexts. All royalties from The International Law on the Rights of the Child are being donated to the International Save the Children Alliance to assist them in their work with children. 'Ms van Bueren combines skilfully an enormous amount of factual material with careful legal analysis and comment. [...] this book will rapidly become indispensable to children's rights lawyers...' C.M. Chinkin, University of Southampton 'Among numerous publications dealing with the subject of promotion and protection of the rights of the child issued up to date, G. Van Bueren's The International Law on the Rights of the Child is the most serious monograph in the field of international law.'
| Author | : Ton Liefaard |
| Publisher | : BRILL |
| Total Pages | : 964 |
| Release | : 2016-11-01 |
| Genre | : Law |
| ISBN | : 9004295054 |
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 | : 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 | : 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.
| Author | : Olga Cvejić Jančić |
| Publisher | : Springer |
| Total Pages | : 422 |
| Release | : 2015-11-17 |
| Genre | : Law |
| ISBN | : 3319231898 |
This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.
| Author | : Ursula Kilkelly |
| Publisher | : Intersentia |
| Total Pages | : 345 |
| Release | : 2020-11-28 |
| Genre | : |
| ISBN | : 9781780689920 |
The United Nations Convention on the Rights of the Child (CRC) requires States Parties to take all appropriate measures to implement the rights in the Convention. As we celebrate the 30th anniversary of the Convention?s adoption, focus has shifted onto the measures being taken at national level to give effect to children?s rights with specific reference to legal incorporation both direct and indirect. The way in which the CRC is given legal effect is highly contingent upon the constitutional and legal systems of individual countries and can best be understood by those writing from the specific national context. So this book combines individual contributions that address the experience of legal incorporation in selected countries by their national experts, with comparative analysis of the international landscape from the world?s leading authorities on legal implementation of the CRC. The jurisdictions covered in this book include Australia, Scotland, Norway, Ireland, Sweden, Iceland, Wales, Israel, New Zealand, South Africa, USA, Mexico and China.
| 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 | : Eva Brems |
| Publisher | : Routledge |
| Total Pages | : 449 |
| Release | : 2017-04-21 |
| Genre | : Law |
| ISBN | : 1317268040 |
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.
| Author | : Stefanie Schmahl |
| Publisher | : |
| Total Pages | : 672 |
| Release | : 2021 |
| Genre | : Children |
| ISBN | : 9781509954469 |
"This commentary examines the UN Convention on the Rights of the Child and its 3 additional protocols by providing a detailed commentary on each of its articles. It pays particular attention to the General Comments, the Concluding Observations and the views of the UN Committee on the Rights of the Child. The strengthening of children's rights through the UN Convention and its 3 protocols influences general human rights protection at a universal and regional level. The provisions of the UN Convention also impact the national legal system, making this book required reading for international human rights lawyers."--
