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Children and the European Court of Human Rights
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 Rights in Intercountry Adoption
In 2010, 50% of all children involved in intercountry adoption were sent to countries within Europe. The question that this book aims to answer is very simple: how can we best protect the rights of these children?
Children's Rights and Sustainable Development
Considers how to implement children's rights in the twenty-first century through a child rights-based approach to sustainable development.
Children and the European Court of Human Rights
The European Convention on Human Rights is one of the most influential human rights documents in existence, in terms of its scope, impact, and jurisdiction. Yet it was not drafted with children, let alone children's rights, in mind. Nevertheless, the European Court of Human Rights has developed a large body of jurisprudence regarding children, ranging from areas such as juvenile justice and immigration, to education and religion, and the protection of physical integrity. Its influence in the sphere of family law has been profound, in particular in the attribution of parenthood, and in cases concerning child abduction, child protection, and adoption. This book provides a comprehensive and detailed overview of the jurisprudence of the Court as it relates to children, highlighting its many achievements in this field, while also critiquing its ongoing weaknesses. In doing so, it tracks the evolution of the Court's treatment of children's rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children's individual agency.
Eastern and Western Perspectives on Surrogacy
This book examines the phenomenon of surrogacy from a comparative perspective. Bringing together experts from 21 countries across the world, it provides a comprehensive discussion of the ways in which surrogacy is regulated in both Eastern and Western jurisdictions, and seeks to establish a common ground to move forward in this morally and legally difficult subject area.
Parental Guidance, State Responsibility and Evolving Capacities
This book arises out of a CRC Implementation Project colloquium on Article 5 of the UN Convention on the Rights of the Child. Article 5 protects the responsibilities, rights and duties of parents or others to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his/her rights. In this interdisciplinary collection, leading international scholars address the interplay of parental guidance, state responsibility and child autonomy within a wide range of fields, from gender identity to criminal justice. The chapters provide fascinating insights into the vital but enigmatic role of Article 5.
Modern Day Slavery and Orphanage Tourism
While appealing to the desire of tourists and volunteers to 'do good' while travelling, underlining orphanage tourism is the fact that the vast majority of children (over 80%) in orphanages and allied care institutions are not orphans. Instead, children are often placed in institutions due to poverty and hardship, and as victims of human trafficking. The first of its kind, this book highlights exploratory research that examines the links between modern slavery practices and orphanage tourism.
Family Forms and Parenthood
This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood.
Young Children's Rights
Priscilla Alderson examines the issue of young children's rights, starting with the question of how the 1989 UN Convention on the Rights of the Child applies to the youngest children, from birth to eight years of age. The question of finding a balance between young children's rights to protection, to provision (resources and services) and to participation (expressing their views, being responsible) is discussed. The author suggests that, in the belief we are looking after their best interests, we have become overprotective of children and deny them the freedom to be expressive, creative and active, and that improving the way adults and children communicate is the best way of redressing that ...
The Legal Status of Intersex Persons
Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other ...
