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Children Autonomy And The Courts
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Book Synopsis Children, Autonomy and the Courts by : Aoife Daly
Download or read book Children, Autonomy and the Courts written by Aoife Daly and published by BRILL. This book was released on 2018-02-05 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Implementing the International Law Right of Children to Be Heard in Proceedings Affecting Them by : Aoife Daly
Download or read book Implementing the International Law Right of Children to Be Heard in Proceedings Affecting Them written by Aoife Daly and published by Lund Humphries Publishers. This book was released on 2015-04-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ethics, Conflict and Medical Treatment for Children E-Book by : Dominic Wilkinson
Download or read book Ethics, Conflict and Medical Treatment for Children E-Book written by Dominic Wilkinson and published by Elsevier Health Sciences. This book was released on 2018-08-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should happen when doctors and parents disagree about what would be best for a child? When should courts become involved? Should life support be stopped against parents’ wishes? The case of Charlie Gard, reached global attention in 2017. It led to widespread debate about the ethics of disagreements between doctors and parents, about the place of the law in such disputes, and about the variation in approach between different parts of the world. In this book, medical ethicists Dominic Wilkinson and Julian Savulescu critically examine the ethical questions at the heart of disputes about medical treatment for children. They use the Gard case as a springboard to a wider discussion about the rights of parents, the harms of treatment, and the vital issue of limited resources. They discuss other prominent UK and international cases of disagreement and conflict. From opposite sides of the debate Wilkinson and Savulescu provocatively outline the strongest arguments in favour of and against treatment. They analyse some of the distinctive and challenging features of treatment disputes in the 21st century and argue that disagreement about controversial ethical questions is both inevitable and desirable. They outline a series of lessons from the Gard case and propose a radical new ‘dissensus’ framework for future cases of disagreement. This new book critically examines the core ethical questions at the heart of disputes about medical treatment for children. The contents review prominent cases of disagreement from the UK and internationally and analyse some of the distinctive and challenging features around treatment disputes in the 21st century. The book proposes a radical new framework for future cases of disagreement around the care of gravely ill people.
Book Synopsis Children’s Constitutional Rights in the Nordic Countries by : Trude Haugli
Download or read book Children’s Constitutional Rights in the Nordic Countries written by Trude Haugli and published by BRILL. This book was released on 2019-12-02 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
Book Synopsis Rights of the Child, Mothers and Sentencing by : Alice Wambui Macharia
Download or read book Rights of the Child, Mothers and Sentencing written by Alice Wambui Macharia and published by Routledge. This book was released on 2021-02-22 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author’s experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children’s rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child’s existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court’s discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children’s issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child’s rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement. The book will be a valuable resource for academic, researchers and policy-makers working in the area of international children’s rights law and criminal law.
Book Synopsis Children's Rights and the Developing Law by : Jane Fortin
Download or read book Children's Rights and the Developing Law written by Jane Fortin and published by Cambridge University Press. This book was released on 2009-08-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Synopsis Children and the European Court of Human Rights by : Claire Fenton-Glynn
Download or read book Children and the European Court of Human Rights written by Claire Fenton-Glynn and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis To Whom Do Children Belong? by : Melissa Moschella
Download or read book To Whom Do Children Belong? written by Melissa Moschella and published by Cambridge University Press. This book was released on 2016-06-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a foundational defense of the rights of parents as primary educators of their children.
Book Synopsis Relational Autonomy and Family Law by : Jonathan Herring
Download or read book Relational Autonomy and Family Law written by Jonathan Herring and published by Springer Science & Business Media. This book was released on 2014-03-11 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.
Book Synopsis Justice for Children by : Harry Adams
Download or read book Justice for Children written by Harry Adams and published by State University of New York Press. This book was released on 2009-01-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applies the concept of personal and political autonomy to children and children’s development.
Download or read book The DeShaney Case written by Lynne Curry and published by . This book was released on 2007 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joshua's story -- Child protection in the nineteenth and twentieth centuries -- The crime of child abuse -- DeShaney v. Winnebago County in the lower courts -- DeShaney v. Winnebago County in the U.S. Supreme Court -- "Poor Joshua!" DeShaney v. Winnebago County in the court of public opinion
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis A Commentary on the United Nations Convention on the Rights of the Child, Article 15: The Right to Freedom of Association and to Freedom of Peaceful Assembly by : Aoife Daly
Download or read book A Commentary on the United Nations Convention on the Rights of the Child, Article 15: The Right to Freedom of Association and to Freedom of Peaceful Assembly written by Aoife Daly and published by BRILL. This book was released on 2016-04-07 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this commentary, Aoife Daly provides analysis of the right of children to freedom of association and assembly. It draws-out particularly child-specific elements such as those concerning family and friends, and in doing so reconceptualizes understandings of this crucial right.
Book Synopsis Not in the Child's Best Interest by : Ron Palmer
Download or read book Not in the Child's Best Interest written by Ron Palmer and published by Ron B Palmer. This book was released on 2013-05-25 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: You Can Protect Your Children in Divorce You can stop the divorce court from invading your privacy You can stop the illegal family studies You can limit the judges authority to rip your life apart You can stop the personal attacks on your parenting style You can stop the system from hurting your child You can stop the system from making you broke You can learn to protect those you love most The Divorce Industry takes BILLIONS of dollars from our children every single year! STOP THEM NOW! This book will give you the arguments, the legal framework for stopping the divorce custody machine dead in its tracks. This book will show you how to stop giving up your rights to your children. Your children need you in their lives. The most important thing you can do to give your child a future is to remain a full parent in their lives. To retain equal time to show them love and to teach them through your daily example. Children do best in life when they have two fit parents active in their lives. Your right to the care, custody and control over your child is a Fundamental Liberty, just as your right to free speech is, or your right to freedom of religion is a Fundamental Liberty. Your child has the right to associate with you and to have you as a parent, not a visitor, in their life. You and your child have privacy rights in your family life that are between you and your child as individuals. They do NOT come from the marriage, and, if you are a natural parent, they do NOT come from the Government. If you let them, the State will take your rights adn do with them what they please. Knowledge is Power! Know your Rights! Protect Your Children
Book Synopsis Ethical Conduct of Clinical Research Involving Children by : Institute of Medicine
Download or read book Ethical Conduct of Clinical Research Involving Children written by Institute of Medicine and published by National Academies Press. This book was released on 2004-07-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, advances in biomedical research have helped save or lengthen the lives of children around the world. With improved therapies, child and adolescent mortality rates have decreased significantly in the last half century. Despite these advances, pediatricians and others argue that children have not shared equally with adults in biomedical advances. Even though we want children to benefit from the dramatic and accelerating rate of progress in medical care that has been fueled by scientific research, we do not want to place children at risk of being harmed by participating in clinical studies. Ethical Conduct of Clinical Research Involving Children considers the necessities and challenges of this type of research and reviews the ethical and legal standards for conducting it. It also considers problems with the interpretation and application of these standards and conduct, concluding that while children should not be excluded from potentially beneficial clinical studies, some research that is ethically permissible for adults is not acceptable for children, who usually do not have the legal capacity or maturity to make informed decisions about research participation. The book looks at the need for appropriate pediatric expertise at all stages of the design, review, and conduct of a research project to effectively implement policies to protect children. It argues persuasively that a robust system for protecting human research participants in general is a necessary foundation for protecting child research participants in particular.
Book Synopsis Child Migration and Human Rights in a Global Age by : Jacqueline Bhabha
Download or read book Child Migration and Human Rights in a Global Age written by Jacqueline Bhabha and published by Princeton University Press. This book was released on 2014-05-04 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive look at the global dilemma of child migration Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children—one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children's human rights.
Book Synopsis Childism by : Elisabeth Young-Bruehl
Download or read book Childism written by Elisabeth Young-Bruehl and published by Yale University Press. This book was released on 2012-01-10 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author exposes American society's prejudice against its children--from corporal punishment and an uncaring foster care system to the pressure placed on children to support one parent or another in a divorce--and the harm it causes them.
