The Standard of the Best Interests of the Child:A Western Tradition in International and Comparative Law
Author | : Claire Breen |
Publisher | : Springer |
Total Pages | : 344 |
Release | : 2002-09-04 |
Genre | : Law |
ISBN | : |
Child as a Tradition
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Author | : Claire Breen |
Publisher | : Springer |
Total Pages | : 344 |
Release | : 2002-09-04 |
Genre | : Law |
ISBN | : |
Child as a Tradition
Author | : Ziba Vaghri |
Publisher | : Springer Nature |
Total Pages | : 429 |
Release | : 2022-01-03 |
Genre | : Education |
ISBN | : 3030846474 |
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
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 | : Joseph Goldstein |
Publisher | : Simon and Schuster |
Total Pages | : 326 |
Release | : 1986-02-24 |
Genre | : Law |
ISBN | : 1439106150 |
The second volume in a classic trilogy of reference works often cited in child custody cases, which introduced the concept of the “least detrimental alternative” when addressing a child’s welfare. The second volume in a classic trilogy of works by Joseph Goldstein, former Sterling Professor Emeritus of Law at Yale Law School; Albert J. Solnit, the former director of the Yale Child Study Center, and Anna Freud, daughter of Sigmund Freud. These texts (Beyond the Best Interests of the Child was the first in the series, and In the Best Interests of the Child was the third) are classic references often cited in child custody cases; Before the Best Interests of the Child specifically addresses when the state should intervene. Rather than the familiar legal "best interests of the child" doctrine, the authors’s work is based on the more realistic standard of finding the "least detrimental alternative." This is indispensable reading for social workers, family court judges, lawyers, psychologists, and parents.
Author | : Joseph Goldstein |
Publisher | : Simon and Schuster |
Total Pages | : 224 |
Release | : 1984-12 |
Genre | : Family & Relationships |
ISBN | : 0029123607 |
Three distinguished authorities in law, psychiatry, and child development critically evaluate current child placement laws.
Author | : Sarah Elliston |
Publisher | : Routledge |
Total Pages | : 565 |
Release | : 2007-11-06 |
Genre | : Law |
ISBN | : 1135427992 |
Topical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.
Author | : Sarah A. Font |
Publisher | : Springer Nature |
Total Pages | : 114 |
Release | : 2020-03-09 |
Genre | : Psychology |
ISBN | : 303041146X |
This brief examines the U.S. foster care system and seeks to explain why the foster care system functions as it does and how it can be improved to serve the best interest of children. It defines and evaluates key challenges that undermine child safety and well-being in the current foster care system. Chapters highlight the competing values and priorities of the system as well as the pros and cons for the use of foster care. In addition, chapters assess whether the performance objectives in which states are evaluated by the federal government are sufficient to achieve positive health and well-being outcomes for children who experience foster care. Finally, it offers recommendations for improving the system and maximizing positive outcomes. Topics featured in this brief include: Legal aspects of removal and placement of children in foster care. The effectiveness of prior efforts to reform foster care. The regulation and quality of foster homes. Support for youth aging out of the foster care system. Racial and ethnic disparities in the foster care system. Foster Care and the Best Interests of the Child is a must-have resource for policy makers and related professionals, graduate students, and researchers in child and school psychology, family studies, public health, social work, law/criminal justice, and sociology.
Author | : Asgeir Falch-Eriksen |
Publisher | : Springer |
Total Pages | : 269 |
Release | : 2005-01-01 |
Genre | : Child welfare |
ISBN | : 3319948008 |
This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .
Author | : Elaine E. Sutherland |
Publisher | : Cambridge University Press |
Total Pages | : 449 |
Release | : 2016-12-22 |
Genre | : Law |
ISBN | : 1107158257 |
Offers expert comparative analysis of the child's best interests within the context of Article 3 of the UNCRC.
Author | : Joseph Goldstein |
Publisher | : Simon and Schuster |
Total Pages | : 346 |
Release | : 1996 |
Genre | : Children |
ISBN | : 0684823373 |
"The least detrimental alternative", the authors' seminal principle for safeguarding a child's growth and development by minimizing intrusions of the law, has been cited in more than 1,000 child custody cases since 1973.