Children's Rights and the Law
Children's Rights and the Law

Author: Hilaire Barnett

Publisher: Routledge

Published: 2021-11-14

Total Pages: 217

ISBN-13: 0429840527

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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.

Violence Against Children in the Criminal Justice System
Violence Against Children in the Criminal Justice System

Author: Wendy O'Brien

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781138340220

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This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children's rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world.

Children’s Rights and the Minimum Age of Criminal Responsibility
Children’s Rights and the Minimum Age of Criminal Responsibility

Author: Don Cipriani

Publisher: Routledge

Published: 2016-05-23

Total Pages: 253

ISBN-13: 1317167597

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Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

Violence Against Children in the Criminal Justice System
Violence Against Children in the Criminal Justice System

Author: Wendy O'Brien

Publisher: Routledge

Published: 2019-09-11

Total Pages: 390

ISBN-13: 0429804083

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Children who come into conflict with the law are more likely to have experienced violence or adversity than their non-offending peers. Exacerbating the deleterious effects of this childhood trauma, children’s contact with the criminal justice system poses undue risks of physical, sexual, and psychological violence. This book examines the specific forms of violence that children experience through their contact with the criminal justice system. Comprising contributions from leading scholars and practitioners in children’s rights and youth justice, this book profiles evidence-based prevention strategies and case studies from around the world. It illustrates the diversity of contexts in which various forms of violence against children unfold and advances knowledge about both the nature and extent of violence against children in criminal justice settings, and the specific situational factors that contribute to, or inhibit, the successful implementation of violence prevention strategies. It demonstrates that specialised child justice systems, in which children’s rights are upheld, are crucial in preventing the violence inherent to conventional criminal justice regimes. Written in a clear and accessible style, this book will be of interest to students and researchers engaged in studies of criminology and criminal justice, youth justice, victimology, crime prevention, and children’s rights.

Article 40
Article 40

Author: Geraldine Van Bueren

Publisher: Martinus Nijhoff Publishers

Published: 2006

Total Pages: 46

ISBN-13: 9004148884

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This volume constitutes a commentary on Article 40 of the United Nations Convention on the Rights of the Child. It is part of the series, "A Commentary on the United Nations Convention on the Rights of the Child," which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children's rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the "Belgian Federal Science Policy Office,"

International Criminal Law of Children
International Criminal Law of Children

Author: Farhad Malekian

Publisher: Nova Sciencepublishers Incorporated

Published: 2020

Total Pages: 369

ISBN-13: 9781536187908

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"This book addresses the international criminal law of children, which constitutes one of the major branches of public international criminal law. It brings together the imperative key codes of the international humanitarian law of armed conflict, international human rights law, international criminal law, and international criminal justice in conjunction with the legal statute of children, with a diverse range of methods and positions on the origin of national criminal laws. It proves that children are an especially precious subject of international jurisprudence, and therefore violating their rights in the time of armed conflict is not only a crime of international character, but also an assault against the most elementary, ethical philosophy of universal moral justice. The book also addresses questions relating to the rape, torture, or killing of minors/children in different parts of our globe. The theme of the book condemns various brutal conducts authorized by governments against children both in times of war and of peace such as genocide or recruitment of child soldiers. Through this, the book evaluates the principles of jus cogens and erga omnes which have been constantly violated by various states over the last several centuries up until today. The powerful theory of the book is strongly recommended to all law and public libraries in the world. It should be read by students of law and politics, international lawyers, researchers of criminal law, military offices including peacekeeping missions"--

Child Victims and Restorative Justice
Child Victims and Restorative Justice

Author: Tali Gal

Publisher: Oxford University Press

Published: 2011-07-11

Total Pages: 251

ISBN-13: 0199876827

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With its unique human-rights perspective on the study of childhood victimization and an innovative, child-inclusive restorative justice model, this book promises to be a touchstone for practitioners, policymakers, and researchers concerned with children's well-being in the aftermath of crime and violence.

The Oxford Handbook of Children's Rights Law
The Oxford Handbook of Children's Rights Law

Author: Jonathan Todres

Publisher: Oxford University Press

Published: 2020-02-19

Total Pages: 797

ISBN-13: 0190097620

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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.

Parental Imprisonment and Children’s Rights
Parental Imprisonment and Children’s Rights

Author: Fiona Donson

Publisher: Routledge

Published: 2021-03-30

Total Pages: 167

ISBN-13: 1351981455

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This book brings together internationally renowned academics and professionals from a variety of disciplines who, in a variety of ways, seek to understand the legal, conceptual and practical consequences of parental imprisonment through a children’s rights lens. Children whose parents have been incarcerated are often referred to as "invisible victims of crime and the penal system." It is well accepted that the imprisonment of a parent, even for a short period of time, not only negatively affects the lives of children but it can also result in a gross violation of their fundamental human rights, such as the right of access to their parent and the right to have an input into decision-making processes affecting them, the outcomes of which will without doubt affect the life of the child concerned. This collection foregrounds the voice of these children as it explores transdisciplinary boundaries and examines the practice and development of the rights of both children and their families within the wider dynamic of criminal justice and penology practice. The text is divided into three parts which are dedicated to 1) hearing the voices of children with parents in prison, 2) understanding to what extent children’s rights informs prison policy, and 3) demonstrating how law in the form of children’s rights can help frame both court sentencing and prison practice in a way that minimises the harm that contact with the prison system can cause. The research drawn upon in this book has been conducted in a number of European countries and demonstrates both good and bad practice as far as the implementation of children’s rights is concerned in the context of parental incarceration. An accessible and compelling read, this book will appeal to students and scholars of law, children’s rights, criminology, sociology, social work, psychology, penology and all those interested in, and working towards, protecting the rights of children who have a parent in prison.