Children, Autonomy and the Courts

Children, Autonomy and the Courts

Author: Aoife Daly

Publisher: BRILL

Published: 2017-12-18

Total Pages: 467

ISBN-13: 9004355820

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In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.


Children and the European Court of Human Rights

Children and the European Court of Human Rights

Author: Claire Fenton-Glynn

Publisher: Oxford University Press, USA

Published: 2021-01-07

Total Pages: 465

ISBN-13: 0198787510

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This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.


Children's Constitutional Rights in the Nordic Countries

Children's Constitutional Rights in the Nordic Countries

Author: Trude Haugli

Publisher: Brill Nijhoff

Published: 2020

Total Pages: 0

ISBN-13: 9789004382800

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This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.


Ethics, Conflict and Medical Treatment for Children E-Book

Ethics, Conflict and Medical Treatment for Children E-Book

Author: Dominic Wilkinson

Publisher: Elsevier Health Sciences

Published: 2018-08-05

Total Pages: 190

ISBN-13: 0702077828

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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.


Relational Autonomy and Family Law

Relational Autonomy and Family Law

Author: Jonathan Herring

Publisher: Springer Science & Business Media

Published: 2014-03-11

Total Pages: 63

ISBN-13: 3319049879

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This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.


Children's Rights and the Developing Law

Children's Rights and the Developing Law

Author: Jane Fortin

Publisher: Cambridge University Press

Published: 2009-08-13

Total Pages: 879

ISBN-13: 1139479989

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Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.


Child Rights in Europe

Child Rights in Europe

Author: Geraldine Van Bueren

Publisher: Council of Europe

Published: 2007-01-01

Total Pages: 214

ISBN-13: 9789287162694

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This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description


The Self-Driven Child

The Self-Driven Child

Author: William Stixrud, PhD

Publisher: Penguin

Published: 2019-02-12

Total Pages: 385

ISBN-13: 0735222525

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“Instead of trusting kids with choices . . . many parents insist on micromanaging everything from homework to friendships. For these parents, Stixrud and Johnson have a simple message: Stop.” —NPR “This humane, thoughtful book turns the latest brain science into valuable practical advice for parents.” —Paul Tough, New York Times bestselling author of How Children Succeed A few years ago, Bill Stixrud and Ned Johnson started noticing the same problem from different angles: Even high-performing kids were coming to them acutely stressed and lacking motivation. Many complained they had no control over their lives. Some stumbled in high school or hit college and unraveled. Bill is a clinical neuropsychologist who helps kids gripped by anxiety or struggling to learn. Ned is a motivational coach who runs an elite tutoring service. Together they discovered that the best antidote to stress is to give kids more of a sense of control over their lives. But this doesn't mean giving up your authority as a parent. In this groundbreaking book they reveal how you can actively help your child to sculpt a brain that is resilient, and ready to take on new challenges. The Self-Driven Child offers a combination of cutting-edge brain science, the latest discoveries in behavioral therapy, and case studies drawn from the thousands of kids and teens Bill and Ned have helped over the years to teach you how to set your child on the real road to success. As parents, we can only drive our kids so far. At some point, they will have to take the wheel and map out their own path. But there is a lot you can do before then to help them tackle the road ahead with resilience and imagination.


The DeShaney Case

The DeShaney Case

Author: Lynne Curry

Publisher:

Published: 2007

Total Pages: 184

ISBN-13:

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Joshua's story -- Child protection in the nineteenth and twentieth centuries -- The crime of child abuse -- DeShaney v. Winnebago County in the lower courts -- DeShaney v. Winnebago County in the U.S. Supreme Court -- "Poor Joshua!" DeShaney v. Winnebago County in the court of public opinion


The European Court of Justice and the Autonomy of the Member States

The European Court of Justice and the Autonomy of the Member States

Author: Hans-Wolfgang Micklitz

Publisher: Intersentia Uitgevers N V

Published: 2012

Total Pages: 402

ISBN-13: 9781780681139

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Whereas individual Member State governments of the European Union occasionally complain about judgments of the European Court of Justice (ECJ), especially when those judgments curtail that State's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed in each treaty revision so far to confirm and extend the far-reaching powers which the ECJ possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective ECJ with strong enforcement powers is one of the salient features of EU law which have stood the test of time and feel no inclination to clip the wings of the ECJ for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the ECJ in particular policy fields, have never ceased and indeed have become more audible in recent years. This book - now available in paperback - deals with the perception that the ECJ quite often does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.