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Human Rights
Human rights refers to the concept of human beings as having universal rights, or status, regardless of legal jurisdiction, and likewise other localising factors, such as ethnicity and nationality. For many, the concept of "human rights" is based in religious principles. However, because a formal concept of human rights has not been universally accepted, the term has some degree of variance between its use in different local jurisdictions -- difference in both meaningful substance as well as in protocols for and styles of application. Ultimately the most general meaning of the term is one which can only apply universally, and hence the term "human rights" is often itself an appeal to such tr...
Family Life and Family Policies in Europe
This volume is a comparative study of family change in Europe and its dependency on social policy regimes. The authors explore family discourse, family law, single parents, gender relations, the "new fathers", divorce, and abortion within the framework of national policies vis-a-vis the family. Conventional wisdom assumes that policy decisions affecting the life situation of a population shape different opportunities for private living, particularly in relation to children and the family. But, the authors argue, it would be too simplistic to assume a direct causal link between welfare policies for the family and developments in the family sector. Family change is in fact mediated by institutional factors as well as by cultural traditions and political intervention. The chapters in this volume deal with the substantial and methodological problems of ascertaining the impact of different national policy regimes on family change.
Families Across Frontiers
Bogdan.
The Future of Child and Family Law
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.
Children’s Rights and the Minimum Age of Criminal Responsibility
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.
Parenthood in Modern Society
The rights and obligations of parenthood are central to most people's lives. Yet their form and substance are caught up in the great demographic, social and economic changes of the late twentieth century. In this book, specialists from 22 countries examine fundamental issues confronting parenthood: these include social and biological conceptions of parenthood; the legal and moral obligations of parenthood; the legal and scientific establishment of parentage; rights to parenthood, including inter-country adoption; the effects on parent--child relationships of family change; the role of the state in family life; the position of minorities; and children's rights. They are viewed within a global context, and integrated in a commentary which looks forward to the future evolution of the law.
Hague Yearbook of International Law: Vol. 10:1997
Academics and practitioners alike turn to the renowned "Hague Yearbook of International Law" for broad coverage of key topical matters in the field. This volume contains Congress papers and in-depth articles in English and French covering developments in private international law, international humanitarian law, and international environmental law. It also includes summaries of key aspects of decisions rendered by various international law institutions such as the International Court of Justice, the Permanent Court of Arbitration, and the Iran-United States Claims Tribunal. The total effect of the various papers contained within this single resource is coverage of a broad range of current, i...
Family Life and Family Interests
The purpose of this comparative study is three-fold. Firstly, it offers an analysis of and a comparison between the application and interpretation of Article 8 (often in conjunction with the anti-discrimination principle of Article 14) of the European Convention of Human Rights and the application and interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution, in particular with regard to family law. Secondly, it compares and analyses the answers to the specific questions regarding circumstances under which a legal parent-child relationship may be established and by whom, as described under Dutch (Chapter 4) and Californian, New York and Texas Law (Chapter 5). And thirdly, it compares and analyses the compliance with and influence of the European Convention as reflected in family law by the Dutch Supreme Court and the compliance with and influence of the U.S. Constitution as reflected in family law decisions - and filiation law in particular - by the courts in California, New York and Texas.
Human Rights and Private Wrongs
Human Rights and Private Wrongs breaks new ground by considering a series of fascinating issues that are normally ignored by human rights specialists because they are too "private" to consider as policy issues: children's labor migration; refugee policy towards unaccompanied minors; financial matters of investor and business responsibility; and complex questions involving access to the benefits of pharmaceutical research, transnational organ trafficking, and the control over genetic research.
Changing Fatherhood
The role of the father is a frequent topic of discussion. Demographical, social, psychological, judicial and biomedical developments have contributed to changes in the conceptions of fatherhood and in fatherhood itself. These changes are taking place in a
