Decisional Privacy and the Rights of the Child

Decisional Privacy and the Rights of the Child
Author: Georgina Dimopoulos
Publisher: Taylor & Francis
Total Pages: 268
Release: 2022-10-14
Genre: Law
ISBN: 1000761517

Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria. This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children. This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.

The UN Convention on the Rights of the Child

The UN Convention on the Rights of the Child
Author: John Tobin
Publisher: OUP Oxford
Total Pages: 1600
Release: 2019-03-21
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 offers 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.

Children’s Rights in Health Care

Children’s Rights in Health Care
Author: Jozef H.H.M. Dorscheidt
Publisher: BRILL
Total Pages: 675
Release: 2018-11-22
Genre: Law
ISBN: 9004327576

This volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children’s rights perspective on health care.

Routledge Handbook of Mental Health Law

Routledge Handbook of Mental Health Law
Author: Brendan D. Kelly
Publisher: Taylor & Francis
Total Pages: 756
Release: 2023-10-12
Genre: Law
ISBN: 1000984915

Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

Research Handbook on Adoption Law

Research Handbook on Adoption Law
Author: Nigel Lowe
Publisher: Edward Elgar Publishing
Total Pages: 437
Release: 2023-01-20
Genre: Law
ISBN: 1800883269

Bringing together scholars from a wide range of disciplines, this captivating and judicious Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s).

The Evolving Capacities of the Child

The Evolving Capacities of the Child
Author: Gerison Lansdown
Publisher: UNICEF
Total Pages: 62
Release: 2005
Genre: Political Science
ISBN: 9788889129159

The Convention on the Rights of the Child introduces for the first time in an international human rights treaty, the concept of the 'evolving capacities' of the child. This principle has been described as a new principle of interpretation in international law, recognising that, as children acquire enhanced competencies, there is a diminishing need for protection and a greater capacity to take responsibility for decisions affecting their lives. The Convention allows for the recognition that children in different environments and cultures, and faced with diverse life experiences, will acquire competencies at different ages. Action is needed in law, policy and practice so that the contributions children make and the capacities they hold are acknowledged. The purpose of the study is to open the discussion and promote debate to achieve a better understanding of how children can be protected, in accordance with their evolving capacities, and also provided with opportunities to participate in the fulfillment of their rights.