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Constitutionalisation Of Childrens Rights
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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 Children's Rights by : Michael D. A. Freeman
Download or read book Children's Rights written by Michael D. A. Freeman and published by Ashgate Publishing. This book was released on 2004 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editor has selected 19 articles, published between 1973- 1999, that address various aspects of children's rights. The essays are divided into thematic sections, on origins and early ideas, theory, children's liberation, contemporary thinking on the subject, and some critics. Among the topics and authors of individual articles are Hillary Rodham's 1973 "Children under the law," Bertram Bandman's "Do children have any natural rights?" from the same year, Ann Palmeri's "Childhood's end; toward the liberation of children," and Onora O'Neill's "Children's rights and children's lives." Freeman provides a lengthy introduction that outlines the history and central issues of the topic and includes an exhaustive bibliography, organized by topic. Author index only. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).
Book Synopsis Children's Rights in the United States by : Nancy E. Walker
Download or read book Children's Rights in the United States written by Nancy E. Walker and published by SAGE. This book was released on 1999 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rights of Children in the United States provides discussion on: the historical and contextual perspective on the rights of children; the UN Convention on the Rights of the Child; and the differing views on children's rights and competencies.
Book Synopsis Constitutionalisation of Children's Rights by : Julia Sloth-Nielsen
Download or read book Constitutionalisation of Children's Rights written by Julia Sloth-Nielsen and published by Intersentia. This book was released on 2020-12-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the domestication of children?s rights through the means of constitutionalisation. Landmark judgments from constitutional courts from across the globe have risen to prominence; for example, the constitutional courts of Indonesia and Zimbabwe outlawing child marriage and the constitutional court of Columbia on the assignment of a gender to an intersex born child, to name a few. Further, the CRC Committee continues to recommend State parties to consider enshrining children?s legal rights at the apex level of law, and there is some interest in, for instance, Germany, in pursuing such an approach. 00An explicit reference to children?s rights in national constitutions may prevail in cases of conflict and it can provide binding standards for legislative, policy, and regulatory measures. Since the adoption of the CRC thirty years ago, a growing body of jurisprudence in domestic courts has served to illuminate the corresponding challenges and limitations.00Constitutionalised, children?s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children?s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. 'Constitutionalisation of Children?s Rights' is a first effort to make developments and case law more accessible.
Author :Library of Congress. Congressional Research Service. American Law Division Publisher : ISBN 13 : Total Pages :46 pages Book Rating :4.3/5 (121 download)
Book Synopsis Constitutional Rights of Children by : Library of Congress. Congressional Research Service. American Law Division
Download or read book Constitutional Rights of Children written by Library of Congress. Congressional Research Service. American Law Division and published by . This book was released on 1978 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepared by Johnny H. Killian.
Book Synopsis The Rights of the Child in a Changing World by : Olga Cvejić Jančić
Download or read book The Rights of the Child in a Changing World written by Olga Cvejić Jančić and published by Springer. This book was released on 2015-11-17 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.
Book Synopsis Law Reform and Implementation of the Convention on the Rights of the Child by :
Download or read book Law Reform and Implementation of the Convention on the Rights of the Child written by and published by UN. This book was released on 2007 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study reviews the legislation concerning the rights of children since the adoption of the Convention on the Rights of the Child (CRC), as well as questions such as reservations and the status of the CRC in domestic law. Mainly, the study focuses on laws adopted or amended by the national legislature, although it includes a section on constitutional provisions and also mentions some executive decrees and provincial legislation.
Book Synopsis The Constitutional Rights of Children by : David Spinoza Tanenhaus
Download or read book The Constitutional Rights of Children written by David Spinoza Tanenhaus and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chronicles the Supreme Court's 1967 decision in In re Gault, the landmark decision that's been widely celebrated as the most important children's rights case of the twentieth century. Addresses one of the fundamental and recurring problems in the history of law and society--how to treat young offenders.
Book Synopsis Submission from the National Children's Rights Committee on the Constitutional Entrenchment of the Rights of the Child by : National Children's Rights Committee (South Africa)
Download or read book Submission from the National Children's Rights Committee on the Constitutional Entrenchment of the Rights of the Child written by National Children's Rights Committee (South Africa) and published by . This book was released on 1995 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Commentary on the United Nations Convention on the Rights of the Child, Article 5: The Child’s Right to Appropriate Direction and Guidance by : Garton Kamchedzera
Download or read book A Commentary on the United Nations Convention on the Rights of the Child, Article 5: The Child’s Right to Appropriate Direction and Guidance written by Garton Kamchedzera and published by Martinus Nijhoff Publishers. This book was released on 2012-05-10 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume constitutes a commentary on Article 5 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Book Synopsis Children's Rights in America by : Cynthia Price Cohen
Download or read book Children's Rights in America written by Cynthia Price Cohen and published by . This book was released on 1990 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cohen.
Book Synopsis Constitutional Rights of Children by :
Download or read book Constitutional Rights of Children written by and published by . This book was released on 1978 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Nijhoff. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
Book Synopsis Child Rights in India by : Asha Bajpai
Download or read book Child Rights in India written by Asha Bajpai and published by Oxford University Press. This book was released on 2018-02-15 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislation is one of the most important tools for empowering children. It reflects the commitment of the state to promote an ideal and progressive value system. Recent years have seen several key developments in the law, policy, and practice related to child rights. Significantly, with the adoption of the United Nations Convention on the Rights of the Child in 1989, a rights-based approach has acquired prominence in the child rights discourse across the world. The book analyses the laws in the light of court judgments and policy initiatives taken in India. It also examines the interventions and strategies employed by non-governmental organizations in recommending legislative reforms in support of children. This fully revised third edition focuses on the new legal developments in India—such as the Juvenile Justice (Care and Protection of Children) Act, 2015; the new Central Adoption Resource Agency guidelines; the Right of Children to Free and Compulsory Education Act, 2009; and the National Food Security Act, 2013—thus attempting to integrate the law in theory and field practice.
Book Synopsis The Constitutional Parent by : Jeffrey Shulman
Download or read book The Constitutional Parent written by Jeffrey Shulman and published by Yale University Press. This book was released on 2014-07-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman’s illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility—as a sacred trust, not a sacred right—we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.
Book Synopsis The Sovereignty of Children in Law by : Farhad Malekian
Download or read book The Sovereignty of Children in Law written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2012-01-17 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of the United Nations, as well as many international and regional bodies, imposes various duties on states that consequently have obligations towards the rights of their individuals. This is particularly significant in the case of children who are not only considered one of the most valuable subjects of international regulations, but are also an integral part of the legislation of domestic laws. Despite the fact that laws concerning the rights of children are well settled in the international sphere, and are recognized under the jus cogens norms, national laws about children, or national laws having an effect on children, are still not completely adequate. Many legislative and cultural practices expose the fact that children are not recognized as the holders of rights. National legal authorities should not, in accordance with the existing international legislations, plead provisions of their own laws or deficiencies of those laws in response to a request against them for alleged violations of children’s rights that have occurred under their jurisdiction. In fact, the absence of appropriate legislation within national legal systems and the reluctance of legal authorities to seriously take children’s rights into consideration, have been two of the key reasons for the contraventions of children’s rights in national or international conflicts. Strange as it may seem, when we do not respect the rights of others, it might be considered a civil violation or a crime. But when the rights of children are violated it has, on many occasions, been dismissed as custom or argued that they gave their express consent. For example, in the nineties, when a child of 11 was raped in Sweden, the judgment concluded that there was an implicit consent. Similarly, when a child of seven was raped by an Iranian priest in a Mosque, it was judged as the victim receiving spiritual enlightenment. By analogy with the rules which exist to provide legal, social and economic aid to the victims of national or international crimes, it may be possible to suggest that there is an established legal duty for all states to provide access to resources which can, under reasonable criteria, protect children from the improper conducts of individuals, organisations, and the administration of justice. It is, in principle, true that literally millions of people believe that children are their property or that a child has no rights of his or her own, and thus the conduct of parents, guardians, representatives of organisations, and the administration of justice relating to children are permitted as a matter of law or nature. This book examines many different areas within the law which deal with the specific rights of children such as the philosophy of law, civil law, social law, tax law, criminal law, procedural law, international law, human rights law and the humanitarian law of armed conflict. The intention is to show that there are many rules, provisions, norms, and principles within various areas of the law that relate to the rights of children. The extent of these rights implies the existence of certain regions of law which have to be acknowledged and respected by national authorities. However, the acknowledgement of rights is also a matter of intention, and may be implied or expressed by the practice of authorities. The question of the child constituting a self-ruling subject of justice and its legal ability to create an independent individual legal personality for the protection of its rights, but not necessarily for the exercise of those rights, are the central issues of this book.
Book Synopsis Children’s Socio-Economic Rights, Democracy And The Courts by : Aoife Nolan
Download or read book Children’s Socio-Economic Rights, Democracy And The Courts written by Aoife Nolan and published by Bloomsbury Publishing. This book was released on 2011-09-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children's rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.' Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.
