The protection of children's human rights in Europe. The jurisdiction of the European Court on corporal punishment and abuse of children in the United Kingdom

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Publisher : GRIN Verlag
ISBN 13 : 363858450X
Total Pages : 64 pages
Book Rating : 4.6/5 (385 download)

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Book Synopsis The protection of children's human rights in Europe. The jurisdiction of the European Court on corporal punishment and abuse of children in the United Kingdom by : Gabriel Vockel

Download or read book The protection of children's human rights in Europe. The jurisdiction of the European Court on corporal punishment and abuse of children in the United Kingdom written by Gabriel Vockel and published by GRIN Verlag. This book was released on 2007-01-07 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2005 in the subject Law - European and International Law, Intellectual Properties, grade: Merit, 68%, University of Warwick (Coventry Business School), course: Module Human Rights in Europe, language: English, abstract: The analysis undertaken in this dissertation gives attention to three core foci of examination. The first two are international legal documents used in the protection of human rights: The United Nations Convention on the Rights of the Child (CRC) from 1989 and the European Convention on Human Rights and Fundamental Freedoms (ECHR) from 1950. The third focal point consists of an investigation into a specific area of jurisprudence of the European Court of Human Rights (the Court) regarding the protection of human rights of children: the phenomenon of the corporal punishment and abuse of children in the UK. This selection of verdicts of the European Court aims at portraying how the ECHR impacts on the child’s human rights in practice and how well the work of the European Court reflects the values enshrined in the CRC and also gain an understanding of how the two conventional systems might impact on the other. The third chapter investigates verdicts of the Court that have dealt with cases that derive from institutional settings (judicial corporal punishment and punishment in public schools). The fourth chapter will observe private settings, where cases of corporally punished children relate to the private sphere (e.g. punishment through parents). Beside, it is intended to give a short outlook on two selected cases where a matter of more general abuse of children was under judicial scrutiny. The dissertation concludes that both the CRC and the ECHR are characterised by a number of more or less serious flaws and drawbacks in relation to the protection of children’s human rights. The narrow textual scope of the ECHR and the significant weaknesses of the CRC regarding its implementation mechanism are two prominent examples. The paper suggests that in Europe, the trend of maximising the potential of the European Convention by combining the widely accepted, detailed standards on children’s rights set out in the UN Convention with the highly successful and influential system of individual petition and implementation should find its continuation and be strengthened even further.

Child Rights in Europe

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287162694
Total Pages : 214 pages
Book Rating : 4.1/5 (626 download)

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Book Synopsis Child Rights in Europe by : Geraldine Van Bueren

Download or read book Child Rights in Europe written by Geraldine Van Bueren and published by Council of Europe. This book was released on 2007-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description

The Protection of Children's Human Rights in Europe

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Author :
Publisher : VDM Publishing
ISBN 13 : 9783836409933
Total Pages : 58 pages
Book Rating : 4.4/5 (99 download)

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Book Synopsis The Protection of Children's Human Rights in Europe by : Gabriel Vockel

Download or read book The Protection of Children's Human Rights in Europe written by Gabriel Vockel and published by VDM Publishing. This book was released on 2007 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines three core foci of interest of both practitioners as well as academics in the area of the protection of human rights of children. The first two are the international legal documents of the UN Convention on the Rights of the Child (CRe and the European Convention on Human Rights and Fundamental Freedoms (ECHR). The third focal point consists of an investigation into a specific area of jurisprudence of the European Court of Human Rights regarding the protection of human rights of children: the phenomenon of the corporal punishment and abuse of children in the UK. The analysis concludes that both the CRC and the ECHR are characterised by various flaws and drawbacks in relation to the protection of children's human rights. The narrow textual scope of the ECHR and the significant weaknesses of the CRC regarding its implementation mechanism are two prominent examples. The paper suggests that in Europe, the trend of maximising the potential of the ECHR by combining the widely accepted, detailed standards on children's rights set out in the UN Convention with the highly successful system of individual petition and implementation should be strengthened further.

The Child and the European Convention on Human Rights

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Author :
Publisher : Routledge
ISBN 13 : 1317038614
Total Pages : 328 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Child and the European Convention on Human Rights by : Ursula Kilkelly

Download or read book The Child and the European Convention on Human Rights written by Ursula Kilkelly and published by Routledge. This book was released on 2017-07-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.

Corporal Punishment of Children: A Human Rights Violation

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Author :
Publisher : BRILL
ISBN 13 : 9047431162
Total Pages : 424 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Corporal Punishment of Children: A Human Rights Violation by : Susan Bitensky

Download or read book Corporal Punishment of Children: A Human Rights Violation written by Susan Bitensky and published by BRILL. This book was released on 2006-06-14 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles. The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada). Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence. Published under the Transnational Publishers imprint.

Eliminating Corporal Punishment

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Author :
Publisher : Council of Europe
ISBN 13 : 9287158827
Total Pages : 222 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Eliminating Corporal Punishment by : Council of Europe

Download or read book Eliminating Corporal Punishment written by Council of Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook was launched on 24 November 2005 on the occasion of a seminar organised in Athens by the Greek Network for the prevention and combating of corporal punishment of children with the cooperation of the Council of Europe. The aim of the book is to highlight the human rights obligation of European countries to end corporal punishment of children. It presents the main international legal instruments available in this field as well as the situation in Council of Europe member states.

The Human Rights of Children

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Author :
Publisher : Routledge
ISBN 13 : 1317028333
Total Pages : 373 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Human Rights of Children by : Antonella Invernizzi

Download or read book The Human Rights of Children written by Antonella Invernizzi and published by Routledge. This book was released on 2016-02-24 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Eradicating Violence Against Children

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Publisher : Council of Europe
ISBN 13 : 9789287164322
Total Pages : 140 pages
Book Rating : 4.1/5 (643 download)

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Book Synopsis Eradicating Violence Against Children by : Council of Europe

Download or read book Eradicating Violence Against Children written by Council of Europe and published by Council of Europe. This book was released on 2008-01-01 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of a high level of social awareness in Europe, millions of its children are still subjected to violence. Children's rights are violated on a daily basis in all European countries. Corporal punishment, sexual abuse, the exploitation of children and other similar violations are only now emerging into the public eye. While some progress has been made, it is far too slow and timid. Elaborately organised networks in human trafficking, online child pornography and sexual violence behind what should be the safe doors of the home still prevent Europe from fully guaranteeing children's human rights. The Council of Europe promotes and secures children's human rights through developing standards and policies, monitoring countries' compliance with norms, and launching awareness-raising actions. It also assists countries to develop comprehensive strategies addressing all forms of violence against children. This book references the Council of Europe's work in this field and provides insights into the processes that have led to its many conventions, recommendations, decisions, programmes, reports and publications.

European Social Charter

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Publisher : Council of Europe
ISBN 13 : 9789287145543
Total Pages : 336 pages
Book Rating : 4.1/5 (455 download)

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Book Synopsis European Social Charter by : European Committee of Social Rights

Download or read book European Social Charter written by European Committee of Social Rights and published by Council of Europe. This book was released on 2001-01-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Justice for Children

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Publisher : Council of Europe
ISBN 13 : 9789287165336
Total Pages : 164 pages
Book Rating : 4.1/5 (653 download)

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Book Synopsis International Justice for Children by : Council of Europe

Download or read book International Justice for Children written by Council of Europe and published by Council of Europe. This book was released on 2009-01-01 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children's rights have gained greater global visibility through the almost universal ratification of the United Nations Convention on the Rights of the Child. Treaty bodies for other international and regional instruments, which cover the rights of "everyone", including children, are giving increasing attention to children's rights. In the same vein, human rights mechanisms, including regional ones such as the European Court of Human Rights, the European Committee of Social Rights and the Inter-American Commission and Court, have become more sensitive to children's rights. With this increasing visibility comes the recognition that children in every country of the world suffer widespread and often severe breaches of the full range of their rights - civil, political, economic, social and cultural. In many cases, children do not have adequate or realistic remedies for breaches of their rights at national level. Seeking remedy through international and regional human rights mechanisms, though on the increase, is not well-developed. International justice for children discusses the principles of child-friendly justice at international level and examines monitoring mechanisms and current systems of admissibility, determining how easy or difficult it is for children to gain access to them. This publication also identifies the obstacles to be overcome and proposes concrete ways to remove them through specific recommendations to governments, international organizations and monitoring bodies.--Publisher's description.

Effective Child Protection

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Author :
Publisher : SAGE
ISBN 13 : 1446204928
Total Pages : 193 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Effective Child Protection by : Eileen Munro

Download or read book Effective Child Protection written by Eileen Munro and published by SAGE. This book was released on 2008-05-19 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′Effective Child Protection is a significant contribution to child welfare practice and policy...Munro offers a pathway to achieving better outcomes for children and families who are recipients of child protection services′ - Children and Youth Services Review Praise for the First Edition: `The book makes the fully justified claim [that] it will be essential reading for professionals undergoing qualifying and post-qualifying training. It is to be hoped that it will enjoy an even wider readership′ - Child Abuse Review This new edition is essential reading for anyone concerned with improving child protection practice. Building on the strengths of the first edition, it provides a deeper understanding of how practice judgements and decisions can be improved in child protection work. Updates include: - an account of how intuition, emotion, and analytic thinking are combined in practice - an analysis of how the nature of the task determines what combination is needed - an updated chapter on how we can detect errors - new material on how organisations can promote good reasoning skills - a simpler way to understand risk assessment instruments. Illustrated with detailed case studies throughout, it will be invaluable reading for students, researchers and practitioners in all areas of child protection, including social work, education, health and policing. Eileen Munro is a Reader in Social Policy at the London School of Economics, specialising in child protection. Other publications include Child Protection (SAGE 2006).

Guidelines of the Committee of Ministers of the Council of Europe on Child-friendly Justice

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Publisher : Council of Europe
ISBN 13 : 9789287172747
Total Pages : 100 pages
Book Rating : 4.1/5 (727 download)

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Book Synopsis Guidelines of the Committee of Ministers of the Council of Europe on Child-friendly Justice by : Council of Europe

Download or read book Guidelines of the Committee of Ministers of the Council of Europe on Child-friendly Justice written by Council of Europe and published by Council of Europe. This book was released on 2011-01-01 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The guidelines on child-friendly justice, and their explanatory memorandum, were adopted by the Council of Europe in 2010. Based on existing international and European standards, in particular the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, the guidelines are designed to guarantee children's effective access to and adequate treatment in justice. They apply to all the circumstances in which children are likely, on any ground and in any capacity, to be in contact with the criminal, civil or administrative justice system. They recall and promote the principles of the best interests of the child, care and respect, participation, equal treatment and the rule of law. The guidelines address issues such as information, representation and participation rights, protection of privacy, safety, a multidisciplinary approach and training, safeguards at all stages of proceedings and deprivation of liberty. The 47 Council of Europe memb

The European Convention on Human Rights – Principles and Law

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Publisher : Council of Europe
ISBN 13 : 9287191913
Total Pages : 408 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The European Convention on Human Rights – Principles and Law by : Carla M. Buckley

Download or read book The European Convention on Human Rights – Principles and Law written by Carla M. Buckley and published by Council of Europe. This book was released on 2022-11-23 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Handbook on European Law Relating to the Rights of the Child

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Author :
Publisher :
ISBN 13 : 9789292399122
Total Pages : 254 pages
Book Rating : 4.3/5 (991 download)

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Book Synopsis Handbook on European Law Relating to the Rights of the Child by : European Union. Agency for Fundamental Rights

Download or read book Handbook on European Law Relating to the Rights of the Child written by European Union. Agency for Fundamental Rights and published by . This book was released on 2015 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also illustrates the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to where rights and responsibilities are most prominently vested in children's carers. This handbook aims to raise awareness and improve the knowledge of the legal standards that protect and promote children's rights in Europe. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights (ECHR), the European Social Charter (ESC) and other CoE instruments. The handbook is designed for non-specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organisations responsible for ensuring the legal protection of the rights of the child. It explains key jurisprudence, summarising major rulings of both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).

Documents, Working Papers - Council of Europe, Parliamentary Assembly

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Publisher :
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis Documents, Working Papers - Council of Europe, Parliamentary Assembly by : Council of Europe. Parliamentary Assembly

Download or read book Documents, Working Papers - Council of Europe, Parliamentary Assembly written by Council of Europe. Parliamentary Assembly and published by . This book was released on 2008 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The United Nations Convention on the Rights of the Child

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Author :
Publisher : BRILL
ISBN 13 : 9004295054
Total Pages : 964 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The United Nations Convention on the Rights of the Child by : Ton Liefaard

Download or read book The United Nations Convention on the Rights of the Child written by Ton Liefaard and published by BRILL. This book was released on 2016-11-01 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.