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Book
The Development of Children's Rights in Africa and Europe : Comparing Legislation in Ghana and Northern Ireland
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ISBN: 9780773417502 0773417508 9780773437463 0773437460 Year: 2010 Publisher: Lewiston : The Edwin Mellen Press,

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Abstract

This book is the first to compare the primary child care legislation of a developed and a developing jurisdiction influenced by English juristic ideas. In addition, the empirical findings are indicative that there is more than one specific conceptualisation of children's rights; to ensure provision, protection and/or participation rights of the child. It also revealed that the type of rights being advanced and implemented is the interest rights of the child.


Book
Children and the European Union : rights, welfare and accountability
Author:
ISBN: 1847319904 1472566130 1299090737 1847319890 9781847319890 9781841137650 1841137650 9781299090736 9781847319906 9781472566133 Year: 2012 Volume: v. 32 Publisher: Oxford, U.K. ; Portland, Oregon : Hart Publishing,

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This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies


Book
Children's bioethics : the international biopolitical discourse on harmful traditional practices and the right of the child to cultural identity
Author:
ISBN: 9004173412 9789004173415 9786612400858 1282400851 9047426878 9789047426875 9781282400856 6612400854 Year: 2009 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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Only scant attention has been given to the issue of children’s bioethics. Even when such a discourse took place, it hardly touched upon children as social agents. In this novel work, Maya Sabatello looks at the “body politics” of religious and cultural medical practices - from “harmful traditional practices” to genetic engineering. Building on literature from medical anthropology, cultural studies, disability studies, social sciences, and law, she explores the international discourse on children’s bioethics from a previously uncharted child-centered approach. In light of the existing multiculturalism, she contends that in the discourse on children's bioethics, not only must the medical, social and, anthropological nexus of the child be taken into account, but that incorporating identity claims into the legal discourse is also essential for the child’s voice to be heard.

Revisiting Children's Rights : 10 Years of the UN Convention on the Rights of the Child
Author:
ISBN: 9041115080 9004478434 1423729676 9789041115089 9781423729679 9789004478435 Year: 2000 Publisher: Leiden; Boston : Brill | Nijhoff

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The UN Convention on the Rights of the Child, passed in 1989, was the first universal treaty dedicated solely to the promotion and protection of the interests of children. In its first decade the Convention achieved near-universal ratification and is now the most widely ratified human rights treaty ever. In addition, as a consequence of its influence, children's human rights have been mainstreamed and are now prioritised at all levels within the United Nations and other regional organisations. This book provides the first comprehensive overview of the first decade of the Convention. It also brings together leading scholars and activists who place the Convention in a wider context and revisit contemporary debates and controversies in children's rights to assess the extent to which these issues have been influenced by the Convention in its first decade.

Children as tortfeasors
Authors: --- ---
ISBN: 3211244808 9786611329143 1281329142 3211311327 9783211244807 9783211311301 3211311300 Year: 2006 Volume: 17-18 Publisher: Wien ; New York : Springer,

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This volume gives answers to different questions concerning damage caused by children. Are children directly liable and is there any age limit below which they have no tortious capacity? Can children, in spite of their lack of tortious capacity, for reasons of equity be held liable in exceptional conditions? What is the relationship between liability of children and liability of their parents or guardians? Are these questions answered by special rules of general application in all fields of tort liability or are there specific rules for specific torts? The book includes reports from 11 EU Memb


Book
Children's rights and the developing law
Author:
ISBN: 0511699344 1107192641 0511604203 0511651473 0511603428 0511602642 1139168622 9780511651472 0521698014 9780521698016 0511647395 9780511647390 9780511603426 9781139168625 9780511602641 9786612393440 6612393440 9780511699344 9781107192645 9780511604201 Year: 2009 Publisher: Cambridge : Cambridge University Press,

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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.


Book
The future of child and family law : international predictions
Author:
ISBN: 1139888234 1139564153 1283574888 1139550594 9786613887337 1139555553 1139551841 1139035193 1139549340 1139554301 9781139549349 9781139035194 9781139551847 9781139554305 9781107006805 1107006805 9781107536272 1107536278 9781139888233 9781139564151 9781283574884 9781139550598 6613887331 9781139555555 Year: 2012 Publisher: Cambridge : Cambridge University Press,

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Abstract

Child and family law tells us much about how a society operates, since it touches the lives of everyone living in that society. In this volume, a variety of experts examine child and family law in thirteen countries - Australia, Canada, China, India, Israel, Malaysia, The Netherlands, New Zealand, Norway, Russia, Scotland, South Africa and the United States. Each chapter identifies the imperatives and influences that have prevailed to date and offers informed predictions of how it will develop in the years to come. A common chapter structure facilitates comparison of the jurisdictions, and in the introduction the editor highlights common trends and salient differences. The Future of Child and Family Law therefore provides practitioners, academics and policy-makers with access not just to an overview of child and family law in a range of countries around the world, but also to insights into what has shaped it and options for reform.


Book
Children's rights and the minimum age of criminal responsibility : a global perspective
Author:
ISBN: 9780754677307 9780754694472 075469447X 0754677303 1317167597 9781317167594 1317167589 9781317167587 1282243535 9781282243538 9786612243530 6612243538 9781315571584 9781317167570 9781138254404 1315571587 Year: 2009 Publisher: Farnham : Ashgate,

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Abstract

This work is the first global analysis of national minimum ages of criminal responsibility, the international legal obligations that surround them and the principal considerations for establishing and implementing respective age limits.


Book
Indigenousness in Africa : A Contested Legal Framework for Empowerment of 'Marginalized' Communities
Author:
ISBN: 906704976X 9067043338 9067046094 Year: 2011 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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Abstract

Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by many international actors such as indigenous rights activists, donors and scholars. However, indigenous identification is resisted by many African governments, some community members and some anthropologists. Felix Mukwiza Ndahinda explores the sources of indigenous identification in Africa and its legal and political implications. Noting the limitations of systematic and discursive, as opposed to activist, studies, it questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries and adopts an interdisciplinary approach in order to capture the indigenous rights phenomenon in Africa.


Book
Giving Up Baby : Safe Haven Laws, Motherhood, and Reproductive Justice
Author:
ISBN: 1479883077 9781479883073 9781479897926 1479897922 9781479806362 1479806366 9781479867523 1479867527 Year: 2015 Publisher: London : Baltimore, Md. : New York University Press, Project MUSE,

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“Baby safe haven” laws, which allow a parent to relinquish anewborn baby legally and anonymously at a specified institutional location—suchas a hospital or fire station—were established in every state between 1999 and2009. Promoted during a time of heated public debate over policies on abortion,sex education, teen pregnancy, adoption, welfare, immigrant reproduction, andchild abuse, safe haven laws were passed by the majority of states with littlecontest. These laws were thought to offer a solution tothe consequences of unwanted pregnancies: mothers would no longer beburdened with children they could not care for, and newborn babies would nolonger be abandoned in dumpsters.Yet while these laws are well meaning, they ignore the real problem: somewomen lack key social and economic supports that mothers need to raisechildren. Safe haven laws do little to help disadvantaged women. Instead,advocates of safe haven laws target teenagers, women of color, and poor womenwith safe haven information and see relinquishing custody of their newborns asan act of maternal love. Disadvantaged women are preemptively judged as “bad”mothers whose babies would be better off without them.Laury Oaks argues that the labeling of certain kinds ofwomen as potential “bad” mothers who should consider anonymously giving uptheir newborns for adoption into a “loving” home should best be understood asan issue of reproductive justice. Safe haven discourses promote narrow imagesof who deserves to be a mother and reflect restrictive views on how we shouldtreat women experiencing unwanted pregnancy.

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