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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 ...
Perspectives for the Unification and Harmonisation of Family Law in Europe
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
The Human Rights of Children
This volume provides a series of critical analyses of some of the contemporary debates in relation to the human rights of children, resituating them within visions which informed the text of the United Nations Convention on the Rights of the Child in 1989. The studies embrace examination of some of today's widespread interpretations of the CRC, analysis of what is implied by a human rights-based approach in research and advocacy and consideration of advances and barriers to research and to several aspects of CRC implementation. With contributions by leading experts in the field, the book examines the CRC as an international instrument, its inherent dilemmas and some of the debates generated by the challenges of implementation. It embraces examinations of different levels of governance from the international to the state party, regional and local levels, including institutional developments and changes in law, policy and practice. The book will be a valuable resource for students, researchers and policy-makers working in the area of children's rights and welfare.
Children and the European Union
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 constitu...
Critically Ill Children and the Law
A series of recent high-profile court cases has demonstrated the inadequacy of current laws in addressing issues relating to medical treatment decisions involving seriously ill children. The challenges of determining that life-sustaining medical treatment is not in a young child’s best interests have resulted in criticism of the best interests principle. This book explores the theoretical foundations of the best interests principle, and alternatives offered in the academic literature, to allow readers to understand why the principle remains contentious despite its prevalence. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach to addres...
Social Rights of Children in Europe
The Convention on the Rights of the Child has changed the paradigm of how (human rights) law looks at children: from “objects” of protection to full rights-holders of all human rights. Consequently, social rights are not voluntary welfare services but an expression of the dignity and rights of the child. In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how these basic social rights are interpreted by the three major human rights bodies on the level of the Council of Europe and the European Union. It thus offers not only an excellent picture of the main lines of interpretation but also of the major gaps and challenges for the realisation of children’s social rights in Europe.
European Union Law
The most current, contextual and authoritative EU law text, including Brexit, the euro, and the migration crisis.
Catalog of Copyright Entries. Third Series
Includes Part 1A: Books and Part 1B: Pamphlets, Serials and Contributions to Periodicals
Regulating Marriage Migration into the UK
Marriage migration is a controversial and problematic issue in the UK as elsewhere in Europe. This timely analysis is a comprehensive examination of the regulation of marriage migration into the UK. With international relevance, the book uses the analysis to examine the relationship between government priorities and the dynamics of transnational family life. The book is one of the first to scrutinise the control of UK marriage migration after 1997 and explores the dilemmas faced by the post-1997 government in managing this form of migration in a changed domestic and international environment. Using high-quality sources from across the political spectrum, it analyses regulatory decisions made by government, the judiciary and the visa service, and suggests that there is an unofficial and unarticulated hierarchy predicated on assumptions and beliefs about acceptable marriages. Finally, the book establishes a principled basis for the future regulation of marriage migration.
Children's Rights Law in the Global Human Rights Landscape
Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two...
