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Decisional Privacy and the Rights of the Child

2022-10-14 Law
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Release : 2022-10-14
Genre : Law
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Book Rating : 517/5 ( reviews)

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Book Synopsis Decisional Privacy and the Rights of the Child by : Georgina Dimopoulos

Download or read book Decisional Privacy and the Rights of the Child written by Georgina Dimopoulos. This book was released on 2022-10-14. Available in PDF, EPUB and Kindle. Book excerpt: Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria. This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children. This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.

Monitoring State Compliance with the UN Convention on the Rights of the Child

2022-01-03 Education
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Release : 2022-01-03
Genre : Education
Kind : eBook
Book Rating : 474/5 ( reviews)

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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. This book was released on 2022-01-03. 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.

The United Nations Convention on the Rights of the Child

2016-11-01 Law
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Release : 2016-11-01
Genre : Law
Kind : eBook
Book Rating : 054/5 ( reviews)

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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. This book was released on 2016-11-01. 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.

Embracing Children's Right to Decisional Privacy in Proceedings Under the Family Law Act 1975 (Cth)

2018
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Release : 2018
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Book Synopsis Embracing Children's Right to Decisional Privacy in Proceedings Under the Family Law Act 1975 (Cth) by : Georgina Dimopoulos

Download or read book Embracing Children's Right to Decisional Privacy in Proceedings Under the Family Law Act 1975 (Cth) written by Georgina Dimopoulos. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: Privacy and family law are both dynamic, subjects of passionate debate, and constantly changing with developments in society, policy and technology. This paper develops a normative understanding of the meaning and value of privacy in the context of proceedings under the Family Law Act 1975 (Cth) (Family Law Act) that embraces children's decision-making autonomy. The focus is privacy's decisional dimension, which has received scant scholarly attention in the Australian family law context. Recognising and respecting children's (as distinct from their parents') decision-making autonomy, and children's right to make decisions that might conflict with their parents' (and the state's) wishes, remain significant, and unresolved, challenges for the Australian family courts. This paper explores these issues using court authorisation of special medical procedures for children diagnosed with gender dysphoria as a case study. This paper argues that the construction of children as vulnerable to harm and the hierarchical nature of the parent-child relationship under the Family Law Act, coupled with judicial approaches to determining the 'best interests of the child' as the paramount consideration, have inhibited the Family Court of Australia from embracing children's decisional privacy. This paper addresses concerns about the perceived conflictual consequences of doing so. It emphasises the relationality of children's rights, the significance of the family unit, and the public interest in promoting children as active participants in proceedings as a policy goal of family law.

Children's Constitutional Rights in the Nordic Countries

2020 Children
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Release : 2020
Genre : Children
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Book Rating : 800/5 ( reviews)

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Book Synopsis Children's Constitutional Rights in the Nordic Countries by : Trude Haugli

Download or read book Children's Constitutional Rights in the Nordic Countries written by Trude Haugli. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.

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