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Children and International Human Rights Law
The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the historical and theoretical background to Article Twelve, and examines the various models of participation which have been created to facilitate a better understanding of this provision. Aisling Parkes analyzes the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives.
The Palgrave Handbook of Prison and the Family
This handbook brings together the international research focussing on prisoners’ families and the impact of imprisonment on them. Under-researched and under-theorised in the realm of scholarship on imprisonment, this handbook encompasses a broad range of original, interdisciplinary and cross-national research. This volume includes the experiences of those from countries often unrepresented in the prisoner’s families’ literature such as Russia, Australia, Israel and Canada. This broad coverage allows readers to consider how prisoners’ families are affected by imprisonment in countries embracing very different penal philosophies; ranging from the hyper-incarceration being experienced i...
Regulating Corporate Human Rights Violations
Despite the continuous addition of regulatory initiatives concerning corporate human rights responsibilities, what we witness more often than not is a situation of corporate impunity for human rights abuses. The Bhopal gas leak – examined as a site of human rights violations rather than as a mass tort or an environmental tragedy – illustrates that the regulatory challenges that the victims experienced in 1984 have not yet been overcome. This book grapples with and offers solutions to three major regulatory challenges to obligating companies to comply with human rights norms whilst doing business, and asks; why companies should adhere to human rights, what these responsibilities are, and how to ensure that companies comply with their responsibilities. Building on literature in the fields of law, human rights, business ethics, management, regulation and philosophy, this book proposes a new ‘integrated theory of regulation’ to overcome inadequacies of the existing regulatory framework in order to humanize business. This book will be of interest to scholars, students, researchers, policy makers and human rights activists working in the fields of Law, Business and Human Rights.
Decisional Privacy and the Rights of the Child
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 ...
Human Rights Monitoring Mechanisms of the Council of Europe
This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring ands ensuring its findings are implemented; i...
Children, Autonomy and the Courts
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.
The Right to Development in International Law
The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the ex...
Research Handbook on Family Justice Systems
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
The EU as a 'Global Player' in Human Rights?
The Treaty of Lisbon has endowed the EU with a normative human rights framework that confirms recognition as a fully-fledged regional mechanism for the protection of human rights. The aim of this book is to contribute to the growing discussion of the external human rights dimension of the European Union. Its theme sits at the crossroads between International and EU law, Human Rights, and Political Science. In moving beyond well-covered topics such as the protection of human rights within the EU, or their relevance for the accession of new Member States, this book asks the broader question of whether EU human rights law has any real relevance on a global scale. In total, The EU as a 'Global Player' in Human Rights gives an overview of the international relevance of EU human rights law by means of exemplary case-studies of the EU’s institutional and substantive protection of human rights, whilst consideration of non-European perspectives from China and Japan underline its global focus. This book will be of particular interest to researchers, students, and practitioners in International and European law, Human Rights Law, European studies and International Relations.
Children's Rights
This Commentary is a fully up-to-date, solid legal work on children’s rights. It offers a contemporary legal perspective on the inherently interdisciplinary field of children’s rights. It responds to the scarcity of legal commentaries in a landscape where several handbooks covering different disciplines have been published in recent years. It is succinct and seeks to capture the essence, yet offers a sophisticated analysis of children’s rights law and branches out into other disciplines where relevant in light of the recent legal and social developments.
