Download or read book Children and the European Court of Human Rights written by Claire Fenton-Glynn and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.
Download or read book Children and the European Court of Human Rights written by Claire Fenton-Glynn and published by Oxford University Press. This book was released on 2020-12-11 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is one of the most influential human rights documents in existence, in terms of its scope, impact, and jurisdiction. Yet it was not drafted with children, let alone children's rights, in mind. Nevertheless, the European Court of Human Rights has developed a large body of jurisprudence regarding children, ranging from areas such as juvenile justice and immigration, to education and religion, and the protection of physical integrity. Its influence in the sphere of family law has been profound, in particular in the attribution of parenthood, and in cases concerning child abduction, child protection, and adoption. This book provides a comprehensive and detailed overview of the jurisprudence of the Court as it relates to children, highlighting its many achievements in this field, while also critiquing its ongoing weaknesses. In doing so, it tracks the evolution of the Court's treatment of children's rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children's individual agency.
Download or read book The Child and the European Convention on Human Rights written by Ursula Kilkelly and published by Taylor & Francis. This book was released on 2017-07-05 with total page 368 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.
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
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.
Download or read book Child s Right Participate Family Law P written by Charlotte Mol and published by European Family Law. This book was released on 2022-09-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In family law proceedings, such as divorce, children are afforded the right to express their views and these must be considered seriously during the deliberation by the decision-maker. This book examines the international and European human rights frameworks through the lens of the child's right to participate.
Download or read book Children s Human Rights written by Mark Ensalaco and published by Rowman & Littlefield. This book was released on 2005 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Childrens human rights are regularly violated around the world. Child soldiers, child slavery, and child prostitution are some of the more graphic examples this books deals with, but hungry, sick, and orphaned children are equally at risk and more prevalent. In the United States, children suffer similar abuses, but some are unique to the United States justice system. Unlike most of the rest of the world, the U.S. is a well-developed western nation in which juvenile offenders can be tried as adults and subjected to capital punishment. This book brings together a wide array of original essays from a variety of academic and practitioner perspectives on human rights and the status of children. The details are disturbing the message, powerful We must vigorously extend the universal declaration of human rights to the most vulnerable humans of all--the children of the world, starting at home in the United States.
Download or read book The European Court of Human Rights as a Pathway to Impunity for International Crimes written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2010-04-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
Download or read book International Perspectives on Home Education written by P. Rothermel and published by Springer. This book was released on 2015-03-23 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together the research of an eclectic mix of leading names in home-based education studies worldwide. It uses home education to explore contemporary education outside of school and place it into a global, political and critical context, and will be essential reading for home educators, academics and policymakers alike.
Download or read book Children the Law and the Welfare Principle written by Kerry O'Halloran and published by Taylor & Francis. This book was released on 2024-04-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book continues the themes addressed by its five predecessors in this series by examining the role of the principle of the welfare interests of the child as addressed in international legislation and by international courts. It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children’s rights – in the public (care, protection, and control), in the private (matrimonial, adoption, etc.), and in the hybrid (adoption from state care, etc.) sectors of family law – it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time. In addition to a digest of international cases and legislation – that identifies and tracks the role of the welfare principle and the emerging rights of children – lawyers, academics, and other researchers will find a wealth of information on how the law has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence on how the law has balanced this principle relative to others – such as proportionality and subsidiarity – within both civil and criminal contexts.
Download or read book Social Rights of Children in Europe written by Katharina Häusler and published by BRILL. This book was released on 2019-01-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how the major European human rights bodies interpret children’s basic social rights and thus unfolds the main challenges for the realisation of these rights in Europe.
Download or read book European Human Rights and Family Law written by Shazia Choudhry and published by Bloomsbury Publishing. This book was released on 2010-04-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights that family members can hold. In addition, it is clear that, to date, the courts have largely ignored or minimised the different demands that the HRA imposes on the judiciary and, in particular, judicial reasoning. This book challenges that view and suggests ways in which the family courts may improve their reasoning in this field. No longer can cases be dealt with on the basis of a simple utilitarian calculation of what is in the best interests of the child and other family members - greater transparency is required. The book clarifies the different rights that family members can hold and, in particular, identifies ways in which it may be possible to deal with the clash of rights between family members that will inevitably occur. Whether this requires an abandonment of the utilitarian nature of family law, or a reworking of it, is a theme that runs throughout the book.
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
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.
Download or read book A Commentary on the United Nations Convention on the Rights of the Child Article 3 The Best Interests of the Child written by Michael Freeman and published by BRILL. This book was released on 2007-05-31 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume constitutes a commentary on Article 3 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Download or read book A People s History of the European Court of Human Rights written by Michael Goldhaber and published by Rutgers University Press. This book was released on 2008-12-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exceptionality of America's Supreme Court has long been conventional wisdom. But the United States Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France has become, in many ways, the Supreme Court of Europe. Michael Goldhaber introduces American audiences to the judicial arm of the Council of Europe--a group distinct from the European Union, and much larger--whose mission is centered on interpreting the European Convention on Human Rights. The Council routinely confronts nations over their most culturally-sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration; Ireland on abortion; Greece on Greek Orthodoxy; Turkey on Kurdish separatism; Austria on Nazism; and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world's conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.
Download or read book Children and the European Union written by Helen Stalford and published by Bloomsbury Publishing. This book was released on 2012-08-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.
