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The Standard Of The Best Interests Of The Childa Western Tradition In International And Comparative Law
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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 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 . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Setting the scene -- Best interests and consent -- Refusal of consent -- Withholding and withdrawing treatment from infants and young children -- Medical research and innovative treatment -- Best interests between children : donation of tissues and organs and conjoined twins.
Book Synopsis Recognition of Kafala in the Italian Law System from a Comparative Perspective by : Adele Pastena
Download or read book Recognition of Kafala in the Italian Law System from a Comparative Perspective written by Adele Pastena and published by Cambridge Scholars Publishing. This book was released on 2020-07-09 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of Islamic kafala has no legal correspondence with secularised political systems and structures, and, as a result, requires a proper understanding of the legislative measures that are indispensable for the protection of the weakest groups of society, at least when the latter turn out to be mostly vulnerable or abandoned. Most recent international conventions have placed much emphasis on the priority to be given to child protection rather than other personal interests. While no syntagmatic principle exists for a theoretical definition and boundary of religious freedoms and legal rules affecting Islamic kafala, it has become a prevailing interpretative canon which requires the scholar to aim for a proper understanding of the cultural identities and measures to safeguard individuals concerned. This book is a thought-provoking study of these important issues, and will serve to strengthen further research into this topic area for the benefit of both academic and professional readers.
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 in Health Care by : Jozef H.H.M. Dorscheidt
Download or read book Children’s Rights in Health Care written by Jozef H.H.M. Dorscheidt and published by BRILL. This book was released on 2018-11-26 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: While coordinating the University of Groningen’s Honours College Winterschool/Atelier entitled Children's Rights in Health Care, the need to publish the contributions to this program was generally expressed and confirmed by its participants. The Winterschool/Atelier, successfully organized in recent years, has dealt with many issues concerning the legal position of minor persons – born and unborn – in the context of health care, especially pediatric care. These issues involve matters concerning pediatric treatment, preventive care and predictive medicine, medical research involving children, incompetence and child autonomy, a child’s psychological development, parental responsibility and representation, protective judicial measures, child migration issues, children’s health rights enforcement as well as children’s health interest monitoring and promotion. During the program, leading experts in the fields of law, ethics, medicine, biology, psychology and institutions such as the Dutch Child & Hospital Foundation, the Child Protection Board, Save the Children, and UNICEF shared their views on normative standards, practical experiences, significant developments, challenging ideas, silent dreams and inevitable realities. As a result, the Children's Rights in Health Care program provided opportunities for a profound dialogue between Honours College students and lecturing scholars on a wide range of topics involving children’s health care interests. This volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children’s rights perspective on health care.
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 269 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 Age Discrimination And Children's Rights by : Claire Breen
Download or read book Age Discrimination And Children's Rights written by Claire Breen and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the aims of the United Nations Convention on the Rights of the Child is to accord due recognition to the fact that 'the child, by reason of his phsyical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth'. However, a question mark hangs over the extent to which 'special safeguards and care' can negatively impact on the rights of the child and result in discrimination against the child in the guise of 'his physical and mental immaturity'. This volume explores the extent to which children's rights are secured at the national level; and the reasons why children's rights have or have not been recognised and secured by various states at the level of domestic law. It also explores the difficulties inherent in the accordance of rights to children in order to ascertain whether they do in fact derive from the particular nature of children or whether they mask a reluctance of states to fulfil their domestic and international rights obligations to children, and whether such reluctance constitutes 'discrimination against children'. The volume thus explores the theoretical and legal underpinnings of gender and race discrimination, at both the domestic and international level, and examines the extent to which these may be applied to the area of children's rights.
Book Synopsis Child Rights to Guardianship by : Ali Omar Ali Mesrati
Download or read book Child Rights to Guardianship written by Ali Omar Ali Mesrati and published by Springer Nature. This book was released on 2022-01-13 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.
Download or read book The Army Lawyer written by and published by . This book was released on 2011-02 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Globalisation, Ideology and Social Justice Discourses by : Joseph Zajda
Download or read book Globalisation, Ideology and Social Justice Discourses written by Joseph Zajda and published by Springer Nature. This book was released on 2022-05-31 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines dominant discourses in social justice education globally. It presents cutting-edge research on the major global trends in education, social justice and policy research. Using diverse paradigms, ranging from critical theory to discourse analysis, the book examines major social justice and equity education reforms and policy issues in a global culture, with a focus on the ambivalent and problematic relationship between social justice education discourses, ideology and the state. The book discusses democracy, ideology and social justice, which are among the most critical and significant factors defining and contextualising the processes surrounding social justice education reforms globally. It critiques current social justice education practices and policy reforms, illustrating the shifts in the relationship between the state, ideology, and social justice education policy. Written by authors from diverse backgrounds and regions, this book examines current developments in research concerning social justice education. It enables readers to gain a more holistic understanding of the nexus between social justice education, and dominant ideologies, both locally and globally. It also provides an easily accessible, practical, yet scholarly insights into local and global trends in the field of social justice education. Discourses of Globalization, Ideology and Social Justice, with contributions from key scholars worldwide, should be required reading for a broad spectrum of users, including policy-makers, academics, graduate students, education policy researchers, administrators, and practitioners.
Book Synopsis The Oxford Introductions to U.S. Law by : Brian Bix
Download or read book The Oxford Introductions to U.S. Law written by Brian Bix and published by Oxford University Press. This book was released on 2013-04-25 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book about family law is necessarily a book both about family life and the role law can and should take in regulating family life. The Oxford Introductions to U.S. Law: Family Law provides a critical introduction to the enduring topics in the field, including not only an overview of the basic rules, but also the history and principles underlying them.
Book Synopsis The Routledge History of Childhood in the Western World by : Paula S. Fass
Download or read book The Routledge History of Childhood in the Western World written by Paula S. Fass and published by Routledge. This book was released on 2013 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge History of Childhood in the Western World provides an important overview of the main themes surrounding the history of childhood in the West from antiquity to the present day. By broadly incorporating the research in the field of Childhood Studies, the book explores the major advances that have taken place in the past few decades in this crucial field. This important collection from a leading international group of scholars presents a comprehensive survey of the current state of the field. It will be essential reading for all those interested in the history of childhood.
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 336 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.
Book Synopsis Law, Ethics and Compromise at the Limits of Life by : Richard Huxtable
Download or read book Law, Ethics and Compromise at the Limits of Life written by Richard Huxtable and published by Routledge. This book was released on 2012-09-10 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conflict arises in the clinic over the care of a critically ill, incapacitated patient. The clinicians and the patient’s family confront a difficult choice: to treat or not to treat? Decisions to withdraw or withhold life-sustaining treatment feature frequently in the courts and in the world's media, with prominent examples including the cases of Charlotte Wyatt, in the UK, and Terri Schiavo, in the USA. According to legislation like the Mental Capacity Act 2005, the central issues are the welfare (or ‘best interests’) of the patient, alongside any wishes they might have conveyed, via an ‘advance directive’ or through the appointment of a ‘lasting power of attorney’. Richard Huxtable argues that the law governing both welfare and wishes frequently fails to furnish clinicians and families with the guidance they require. However, he finds this unsurprising, given the competing ethical issues at stake. Huxtable proposes that there is a case for ‘principled compromise’ here, such that the processes for resolving principled disputes take precedence. He argues for greater ethical engagement, through a reinvigorated system of clinical ethics support, in which committees work alongside the courts to resolve the conflicts that can arise at the limits of life. Providing a comprehensive account of the law pertaining to children and adults alike, and distinctively combining medico-legal and bioethical insights, this book engages scholars and students from both disciplines, as well as informing clinicians about the scope (and limits) of law at the limits of life.
Book Synopsis The War Crime of Child Soldier Recruitment by : Julie McBride
Download or read book The War Crime of Child Soldier Recruitment written by Julie McBride and published by Springer Science & Business Media. This book was released on 2013-11-05 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.
