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The Standard Of The Best Interests Of The Child
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Book Synopsis The Standard of the Best Interests of the Child by : Claire Breen
Download or read book The Standard of the Best Interests of the Child written by Claire Breen and published by BRILL. This book was released on 2021-10-18 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the application of the standard of the best interests of the child in the context of international law. The United Nations Convention on the Rights of the Child recognises the best interests standard as being one of its guiding principles. The question of whether the best interests standard succeeds in reaching this goal is the central theme of this book. The point of departure for this analysis is that of the best interest standard being a Western notion based on an idea of the child as an innocent in need of protection. However, difficulties arise when the best interests standard has to be applied to a child who does not fit these criteria. Consideration is then given to the malleability of the standard which allows it to overcome such difficulties and to justify its position as one of the guiding principles underpinning children's rights at the domestic and international level.
Book Synopsis Monitoring State Compliance with the UN Convention on the Rights of the Child by : Ziba Vaghri
Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Book Synopsis Beyond the Best Interests of the Child by : Joseph Goldstein
Download or read book Beyond the Best Interests of the Child written by Joseph Goldstein and published by Simon and Schuster. This book was released on 1984-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three distinguished authorities in law, psychiatry, and child development critically evaluate current child placement laws.
Book Synopsis The Best Interests of the Child in Healthcare by : Sarah Elliston
Download or read book The Best Interests of the Child in Healthcare written by Sarah Elliston and published by Routledge. This book was released on 2007-11-06 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.
Book Synopsis Before the Best Interests of the Child by : Joseph Goldstein
Download or read book Before the Best Interests of the Child written by Joseph Goldstein and published by Simon and Schuster. This book was released on 1986-02-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in a classic trilogy of reference works often cited in child custody cases, which introduced the concept of the “least detrimental alternative” when addressing a child’s welfare. The second volume in a classic trilogy of works by Joseph Goldstein, former Sterling Professor Emeritus of Law at Yale Law School; Albert J. Solnit, the former director of the Yale Child Study Center, and Anna Freud, daughter of Sigmund Freud. These texts (Beyond the Best Interests of the Child was the first in the series, and In the Best Interests of the Child was the third) are classic references often cited in child custody cases; Before the Best Interests of the Child specifically addresses when the state should intervene. Rather than the familiar legal "best interests of the child" doctrine, the authors’s work is based on the more realistic standard of finding the "least detrimental alternative." This is indispensable reading for social workers, family court judges, lawyers, psychologists, and parents.
Book Synopsis Foster Care and Best Interests of the Child by : Sarah A. Font
Download or read book Foster Care and Best Interests of the Child written by Sarah A. Font and published by Springer Nature. This book was released on 2020-03-09 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brief examines the U.S. foster care system and seeks to explain why the foster care system functions as it does and how it can be improved to serve the best interest of children. It defines and evaluates key challenges that undermine child safety and well-being in the current foster care system. Chapters highlight the competing values and priorities of the system as well as the pros and cons for the use of foster care. In addition, chapters assess whether the performance objectives in which states are evaluated by the federal government are sufficient to achieve positive health and well-being outcomes for children who experience foster care. Finally, it offers recommendations for improving the system and maximizing positive outcomes. Topics featured in this brief include: Legal aspects of removal and placement of children in foster care. The effectiveness of prior efforts to reform foster care. The regulation and quality of foster homes. Support for youth aging out of the foster care system. Racial and ethnic disparities in the foster care system. Foster Care and the Best Interests of the Child is a must-have resource for policy makers and related professionals, graduate students, and researchers in child and school psychology, family studies, public health, social work, law/criminal justice, and sociology.
Book Synopsis Implementing Article 3 of the United Nations Convention on the Rights of the Child by : Elaine E. Sutherland
Download or read book Implementing Article 3 of the United Nations Convention on the Rights of the Child written by Elaine E. Sutherland and published by Cambridge University Press. This book was released on 2016-12-22 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.
Book Synopsis The Oxford Handbook of Children's Rights Law by : Jonathan Todres
Download or read book The Oxford Handbook of Children's Rights Law written by Jonathan Todres and published by Oxford University Press. This book was released on 2020-02-19 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
Book Synopsis Human Rights in Child Protection by : Asgeir Falch-Eriksen
Download or read book Human Rights in Child Protection written by Asgeir Falch-Eriksen and published by Springer. This book was released on 2005-01-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .
Book Synopsis The Best Interests of the Child by : Joseph Goldstein
Download or read book The Best Interests of the Child written by Joseph Goldstein and published by Simon and Schuster. This book was released on 1996 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The least detrimental alternative", the authors' seminal principle for safeguarding a child's growth and development by minimizing intrusions of the law, has been cited in more than 1,000 child custody cases since 1973.
Book Synopsis The UN Convention on the Rights of the Child by : John Tobin
Download or read book The UN Convention on the Rights of the Child written by John Tobin and published by OUP Oxford. This book was released on 2019-03-21 with total page 1600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict and the Sale of Children, Child Prostitution and Pornography. It offers a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
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 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 The Standard of the Best Interests of the Child:A Western Tradition in International and Comparative Law by : Claire Breen
Download or read book The Standard of the Best Interests of the Child:A Western Tradition in International and Comparative Law written by Claire Breen and published by Springer. This book was released on 2002-09-04 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child as a Tradition
Book Synopsis No Way to Treat a Child by : Naomi Schaefer Riley
Download or read book No Way to Treat a Child written by Naomi Schaefer Riley and published by Bombardier Books. This book was released on 2021-10-05 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kids in danger are treated instrumentally to promote the rehabilitation of their parents, the welfare of their communities, and the social justice of their race and tribe—all with the inevitable result that their most precious developmental years are lost in bureaucratic and judicial red tape. It is time to stop letting efforts to fix the child welfare system get derailed by activists who are concerned with race-matching, blood ties, and the abstract demands of social justice, and start asking the most important question: Where are the emotionally and financially stable, loving, and permanent homes where these kids can thrive? “Naomi Riley’s book reveals the extent to which abused and abandoned children are often injured by their government rescuers. It is a must-read for those seeking solutions to this national crisis.” —Robert L. Woodson, Sr., civil rights leader and president of the Woodson Center “Everyone interested in child welfare should grapple with Naomi Riley’s powerful evidence that the current system ill-serves the safety and well-being of vulnerable kids.” —Walter Olson, senior fellow, Cato Institute, Robert A. Levy Center for Constitutional Studies
Book Synopsis The Routledge International Handbook of Shared Parenting and Best Interest of the Child by : José Manuel de Torres Perea
Download or read book The Routledge International Handbook of Shared Parenting and Best Interest of the Child written by José Manuel de Torres Perea and published by Routledge. This book was released on 2021-05-26 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary volume offers an essential, comprehensive study of perspectives on the scope and application of the best interests of the child and focuses mainly on its application in relation to child custody. With expert contributions from psychological, sociological and legal perspectives, it offers scientific analysis and debate on whether it should be the primary consideration in deciding child custody cases in cases of divorce or separation or whether it should be one of several primary considerations. It explores complex dilemmas inherent in shared parenting and whether the advantages it offers children are sufficient when compared to attributing custody to one parent and limiting visitation rights of the other. Offering a comprehensive analysis of this complex topic, chapters provide detailed insight into the current state of research in this area, as well as expert guidelines aimed at resolving the controversies when parents agree or disagree over their children’s living arrangements. Cutting-edge topics explored include: transnational shared parenting; alternative dispute resolution; breastfeeding parents; religious disputes between parents and the psychological, social and economic factors that affect shared parenting. The Routledge International Handbook of Shared Parenting and Best Interest of the Child will be essential reading for scholars and graduate students in law, psychology, sociology and economics interested in shared parenting and family law.
Book Synopsis Nordic Mediation Research by : Anna Nylund
Download or read book Nordic Mediation Research written by Anna Nylund and published by Springer. This book was released on 2018-04-03 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
