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Vulnerability Childhood And The Law
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Book Synopsis Vulnerability, Childhood and the Law by : Jonathan Herring
Download or read book Vulnerability, Childhood and the Law written by Jonathan Herring and published by Springer. This book was released on 2018-04-05 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.
Book Synopsis Childbirth, Vulnerability and Law by : Camilla Pickles
Download or read book Childbirth, Vulnerability and Law written by Camilla Pickles and published by Routledge. This book was released on 2019-08-23 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.
Book Synopsis Vulnerabilities, Care and Family Law by : Julie Wallbank
Download or read book Vulnerabilities, Care and Family Law written by Julie Wallbank and published by Routledge. This book was released on 2013-11-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.
Book Synopsis Vulnerable Children and the Law by : Rosemary Sheehan
Download or read book Vulnerable Children and the Law written by Rosemary Sheehan and published by Jessica Kingsley Publishers. This book was released on 2012 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an international perspective on child welfare, examining how frameworks can be adapted to address the rights and best interests of children. Synthesising the latest research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law.
Book Synopsis Vulnerabilities, Care and Family Law by : Julie Wallbank
Download or read book Vulnerabilities, Care and Family Law written by Julie Wallbank and published by Routledge. This book was released on 2013-11-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.
Book Synopsis Vulnerable Children and the Law by : Rosemary Sheehan
Download or read book Vulnerable Children and the Law written by Rosemary Sheehan and published by Jessica Kingsley Publishers. This book was released on 2012-03-15 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together. Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.
Book Synopsis Embracing Vulnerability by : Daniel Bedford
Download or read book Embracing Vulnerability written by Daniel Bedford and published by Routledge. This book was released on 2020-02-13 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.
Book Synopsis Women Children (other) Vulnerable Grouhb by : Poltorak JARON
Download or read book Women Children (other) Vulnerable Grouhb written by Poltorak JARON and published by . This book was released on 2021-04 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of almost boundless individual opportunities, vulnerability, paradoxically, has gained significant attention. Undoubtedly this book significantly contributes to the debates on this very complex phenomenon, dealing with both the specific aspects of vulnerable individuals and groups' legal positions, as well as presenting the concept of vulnerability in international law. This book brings together scholars engaging with legal and actual positions of women, children and other vulnerable persons. Authors in detail discuss - among others - such issues as: political violence, motherhood in prison, age assessing of foreigners, infanticide or exclusion of the elderly. It will be of interest for academics in the fields of law and sociology, as well as vulnerability-oriented practitioners.
Book Synopsis Reconceptualising Unaccompanied Child Asylum Seekers and the Law by : Jennifer L. Whelan
Download or read book Reconceptualising Unaccompanied Child Asylum Seekers and the Law written by Jennifer L. Whelan and published by Taylor & Francis. This book was released on 2022-09-30 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unaccompanied child asylum seekers are amongst the world’s most vulnerable populations, and their numbers are increasing. The intersection of their age, their seeking asylum, and separation from their parents creates a specific and acute triple burden of vulnerability. Their precariousness has long been recognised in international human rights law. Yet, human rights-based responses have been subordinated to progressive global securitisation of irregular migration through interception, interdiction, extraterritorial processing and immigration detention. Such an approach necessitates an urgent paradigm shift in how we comprehend their needs as children, the impact of punitive border control laws on them, and the responsibility of States to these children when they arrive at their borders seeking asylum. This book reconceptualises the relationship between unaccompanied child asylum seekers and States. It proposes a new conceptual framework by applying international human rights law, childhood studies and vulnerability theory scholarship in analysing State obligations to respond to these children. This framework incorporates a robust analysis of the operation and impact of laws on vulnerable populations, a taxonomy for articulating the gravity of any consequent harms and a method to prioritise recommendations for reform. The book then illustrates the framework’s utility using Australia’s treatment of unaccompanied children as a case study. This book illuminates key learnings from human rights law, childhood studies and vulnerability theory and transforms them into a new roadmap for law reform. As such, it will be a valuable practice-based resource for practitioners, non-government organisations, advocates, policymakers and the general public interested in advocating for the rights of vulnerable populations as well as for academics, researchers and students of human rights law, refugee law, childhood studies and vulnerability studies.
Book Synopsis Handbook of Children’s Risk, Vulnerability and Quality of Life by : Habib Tiliouine
Download or read book Handbook of Children’s Risk, Vulnerability and Quality of Life written by Habib Tiliouine and published by Springer Nature. This book was released on 2022-07-30 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook makes a major contribution to the growing international research and policy interest in children’s experienced well-being or quality of life in childhood, linking it to ongoing research on children’s risk and vulnerability. The editors and contributors adopt the broader concept of ‘risk’ in addition to ‘vulnerability’. Not much work considers the connections between risks that children experience and their quality of life. In examining children’s quality of life, the chapters discuss various issues of risk and vulnerability that may affect their lives and also how the quality of childhood might be enhanced and maintained even in the face of these factors. The chapters discuss experiences of violence and abuse; access to basic services such as housing, health and education; and children’s vulnerability due to broader external factors such as war, conflict, and environmental events. The volume also includes the impacts of new technologies on children and the consequent risks and vulnerabilities they may face, alongside the benefits. This important volume brings together a diverse range of perspectives from established experts and emerging scholars in these fields of work. It covers a wide range of geographical and cultural contexts, and includes theoretical, empirical, policy and practice-based contributions. This handbook is a natural first point of reference for academics and policy professionals interested in quality of life, well-being, and children's rights.
Book Synopsis Law and the Relational Self by : Jonathan Herring
Download or read book Law and the Relational Self written by Jonathan Herring and published by Cambridge University Press. This book was released on 2019-11-21 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the concept of the relational self and its potential significance to the law.
Book Synopsis Vulnerable Adults and the Law by : Jonathan Herring
Download or read book Vulnerable Adults and the Law written by Jonathan Herring and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of current case law, this book provides the first sustained treatment of vulnerable adults, discussing the legal position of those whose ability to make decisions for themselves is impaired.
Book Synopsis Law and Global Health by : Michael Freeman
Download or read book Law and Global Health written by Michael Freeman and published by OUP Oxford. This book was released on 2014-05-29 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.
Book Synopsis Children’s Rights Law in the Global Human Rights Landscape by : Eva Brems
Download or read book Children’s Rights Law in the Global Human Rights Landscape written by Eva Brems and published by Taylor & Francis. This book was released on 2017-04-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children’s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children’s rights law and human rights law – and the potential for their isolation, inspiration or integration – may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children’s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.
Book Synopsis The International Law of Human Trafficking by : Anne T. Gallagher
Download or read book The International Law of Human Trafficking written by Anne T. Gallagher and published by Cambridge University Press. This book was released on 2010-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.
Download or read book Child Law written by Laura Westra and published by Springer. This book was released on 2014-06-17 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child Law starts with the question “Who is the Child?” In direct contrast to the CRC, which calls for putting the interests of the child first in all policies dealing with children, it appears that the interests of others are the major consideration de facto. In law, children’s right to protection is severely limited by the presence of a maximum age limit, with no consideration of the starting point: current and ongoing scientific research has demonstrated the effects of this non-consideration in a number of abnormalities and diseases, not only in children, but in adults and the elderly. The WHO has published a number of studies to that effect and the 2012 Report on Endocrine Disruptors more than confirms this claim. This and other scientific insights that have largely been ignored show the flaws and inadequacies of the legal regimes intended to protect children, in a number of areas, from the basic public health to the right to normal development; child labor law conventions; in conflict situations; as a result of climate and other events; children as illegal migrants and as inmates in prison camps.
Book Synopsis Rewriting Children’s Rights Judgments by : Helen Stalford
Download or read book Rewriting Children’s Rights Judgments written by Helen Stalford and published by Bloomsbury Publishing. This book was released on 2017-11-02 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.
