Download or read book Globalization of Child Law written by Detrick and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 13th September, 1997, a symposium was held in honour of Adair Dyer at the Peace Palace in The Hague. This symposium, entitled `Globalization of Child Law: The Role of the Hague Conventions', was organized by the Faculty of Law of Tilburg University and the International Society of Family Law in collaboration with the Hague Conference on Private International Law. Adair Dyer, best known for his exceptional work in the area of international child abduction, was active at the Hague Conference for more than 25 years. The protection of children has been a major concern of the Hague Conference from the very beginning of its existence. The Conference followed and reacted to developments such as the increasing numbers of children - alone or accompanied - moving or migrating internationally, which has given rise to many new legal, economic, social and cultural problems. During the symposium, the past, present and future roles of the Hague Conventions in the international protection of children, taking into account the United Nations Convention on the Rights of the Child, were examined and discussed. This volume contains the contributions to this international symposium, as well as the full texts, in both English and French, of the 1980 Hague Convention on the Civil Aspects of Child Abduction, the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.

Download or read book International Child Law written by Trevor Buck and published by Taylor & Francis. This book was released on 2020-09-10 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Child Law examines the international laws for children at both a global and a regional level. In particular the UN Convention on the Rights of the Child is described and critically assessed, while at the regional level the child in Europe is examined and how far the ECHR is engaged as a vehicle to progress childrens rights. Other key issues, increasing regulated by international child law, are spotlighted: child labour, child abduction and inter-country adoption. This book provides the reader with a sound understanding of the international law framework and issues relating to children and is a useful resource to those undertaking advanced study and or research in this area.

Download or read book International Child Law written by Rajnaara Akhtar and published by Routledge. This book was released on 2020-04-08 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the ongoing development of child law, children’s rights and the protection of the child. In-depth analyses of the following topic areas are included: Childhood in the digital age; Child labour; International parental child abduction; Inter-country adoption; Sexual exploitation; Children and armed conflict; and Indigenous children. These topics are contextualised with further chapters on the concept of childhood and children’s rights, the international legal framework in which the Convention operates and a substantive chapter on the Convention itself. This fourth edition has been updated and revised, including a new chapter dealing with issues arising from childhood in the age of unprecedented digital technological advancements; a crucial issue for childhood experiences in modern times. This edition also includes new case studies, recent legal developments in the field of international child law, and inclusion of broader scholarship to capture diverse views on international law and child law. The aim of this book is to provide the reader with an accessible, informed, critical and scholarly account of the international law framework relating to children. Drawing on a range of legal and other disciplines, this book remains a valuable resource for those in the course of study and research in this area.

Download or read book Youth Globalization and the Law written by Sudhir Alladi Venkatesh and published by Stanford University Press. This book was released on 2007 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the impact of globalization on the lives of youth, focusing on the role of legal institutions and discourses.

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 188 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.

Download or read book The Globalization of Childhood written by Robyn Linde and published by Oxford University Press. This book was released on 2016-06-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does an idea that forms in the minds of a few activists in one part of the world become a global norm that nearly all states obey? How do human rights ideas spread? In this book, Robyn Linde tracks the diffusion of a single human rights norm: the abolition of the death penalty for child offenders under the age of 18. The norm against the penalty diffused internationally through law--specifically, criminal law addressing child offenders, usually those convicted of murder or rape. Through detailed case studies and a qualitative, comparative approach to national law and practice, Linde argues that children played an important--though little known--role in the process of state consolidation and the building of international order. This occured through the promotion of children as international rights holders and was the outcome of almost two centuries of activism. Through an innovative synthesis of prevailing theories of power and socialization, Linde shows that the growth of state control over children was part of a larger political process by which the liberal state (both paternal and democratic) became the only model of acceptable and legitimate statehood and through which newly minted international institutions would find purpose. The book offers insight into the origins, spread, and adoption of human rights norms and law by elucidating the roles and contributions of principled actors and norm entrepreneurs at different stages of diffusion, and by identifying a previously unexplored pattern of change whereby resistant states were brought into compliance with the now global norm against the child death penalty. From the institutions and legacy of colonialism to the development and promotion of the global child--a collection of related, still changing norms of child welfare and protection--Linde demonstrates how a specifically Western conception of childhood and ideas about children shaped the current international system.

Download or read book Globalization and Children written by Natalie Hevener Kaufman and published by Springer Science & Business Media. This book was released on 2007-05-08 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: ALLISON JAMES Globalization seems to be the word on everyone’s lips, with politicians as much as academics extolling its benefits as well as its contradictions. For some, globali- tion means, in practice, that whether in Bangkok or Boston, in London or Rio, as travelers from wealthy countries they can be sure to find the beer, the pizzas, and the jeans that they can at home; they can be both at home and away simulta- ously. For others, though, globalization has had rather different, often less bene- cial, consequences. In their everyday lives people have come to find themselves tied in, albeit in often unseen ways, into larger economic and political systems over which they have no control; yet these systems cause radical changes—often for the worse rather than the better—in the pattern of their daily lives. And it is those who have least voice whose lives are usually affected the most. In this book attention is drawn systematically—really for the first time—to a consideration of how processes of globalization variously impact upon the lives of children. Such an approach is not only most welcome in the field of childhood studies, but also long overdue. It will, at last, enable us to begin to contextualize in a broader framework some of the many issues to do with ch- dren’s rights and participation which have long been discussed as separate and discrete issues within childhood studies.

Download or read book Global Reflections on Children s Rights and the Law written by Ellen Marrus and published by Routledge. This book was released on 2021-07-22 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children’s various civil rights; how to best assist children at risk; and discussions surrounding children’s identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children’s rights and justice.

Download or read book International Child Law written by and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The International Law on the Rights of the Child written by Geraldine Bueren and published by Springer. This book was released on 1998-10-22 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume draws upon the author's own experience to highlight the complexities behind the global violations of children's rights. Analysis and description are interwoven to provide a coherent study of the international status of children and the rights which attach to this status, both for those familiar and unfamiliar with international law. The author demonstrates the potential of international law in protecting the rights of children, even in states which are restructuring their economies. To be effective, international law cannot be used in isolation and the text seeks to place the rights of the child in their cultural and historical contexts. All royalties from The International Law on the Rights of the Child are being donated to the International Save the Children Alliance to assist them in their work with children.

Download or read book The International Law on the Rights of the Child written by Geraldine Van Bueren and published by Martinus Nijhoff Publishers. This book was released on 2021-11 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Only available in paperback version ISBN 90 411 1091 7 This volume draws upon the author's own experience to highlight the complexities behind the global violations of children's rights. Analysis and description are interwoven to provide a coherent study of the international status of children and the rights which attach to this status, both for those familiar and unfamiliar with international law. The author demonstrates the potential of international law in protecting the rights of children, even in states which are restructuring their economies. To be effective, international law cannot be used in isolation and the text seeks to place the rights of the child in their cultural and historical contexts. All royalties from The International Law on the Rights of the Child are being donated to the International Save the Children Alliance to assist them in their work with children. 'Ms van Bueren combines skilfully an enormous amount of factual material with careful legal analysis and comment. [...] this book will rapidly become indispensable to children's rights lawyers...' C.M. Chinkin, University of Southampton 'Among numerous publications dealing with the subject of promotion and protection of the rights of the child issued up to date, G. Van Bueren's The International Law on the Rights of the Child is the most serious monograph in the field of international law.'

Download or read book Child Rights written by Clark Butler and published by Purdue University Press. This book was released on 2012-06-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over twenty years after the 1989 UN General Assembly vote to open the Convention on the Rights of the Child (CRC) for signature and ratification by UN member states, the United States remains one of only two UN members not to have ratified it. The other is Somalia. Child Rights: The Movement, International Law, and Opposition explores the reasons for this resistance. It details the objections that have arisen to accepting this legally binding international instrument, which presupposes indivisible universal civil, political, economic, social, and cultural rights, and gives children special protection due to their vulnerability. The resistance ranges from isolationist attitudes toward international law and concerns over the fiscal impact of implementation, to the value attached to education in a faith tradition and fears about the academic deterioration of public education. The contributors to the book reveal the significant positive influence that the CRC has had, despite not being ratified, on subjects such as educational research, child psychology, development ethics, normative ethics, and anthropology. The book also explores the growing homeschooling trend, which is often evangelically led in the US, but which is at loggerheads with an equally growing social science-based movement of experts and ethicists pressing for greater autonomy and freedom of expression for children. Looking beyond the US, the book also addresses some of the practical obstacles that have emerged to implementing the CRC in both developed countries (for example, Canada and the United Kingdom) and in poorer nations. This book, polemical and yet balanced, helps the reader evaluate both positive and the negative implications of this influential piece of international legislation from a variety of ethical, legal, and social science perspectives.

Download or read book The Rights of the Child in a Changing World written by Olga Cvejić Jančić and published by Springer. This book was released on 2015-11-17 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.

Download or read book The Oxford Handbook of Children and the Law written by and published by Oxford University Press. This book was released on 2020-02-07 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

Download or read book The International Law on the Right of the Child to Survival and Development written by Khadeija Elsheikh Mahgoub and published by . This book was released on 2014 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and in-depth study on the understanding and interpretation of the child's right to survival and development provides a compact assessment of article 6(2) of the Convention on the Rights of the Child (CRC) in light of its drafting history, the reports of the Committee on the Rights of the Child and other relevant sources appropriate to the discipline of international human rights law. The author analyses the travaux preparatoires of the CRC and the academic work of some of its drafters. The book includes an interview with one of the drafters and explores the literature of the Committee on the Rights of the Child with respect to article 6(2) and how its understanding and interpretations of this article have developed over time. It examines the weaknesses and strengths in relation to the observations it has made and explores the legal effects of the Committee's classifications and makes suggestions for others as well. Importantly, the book also discusses the relationship between the right of the child to survival and development and his/her dignity. It provides an understanding of the child's physical, mental, spiritual, moral and cognitive development in the context of his/her right to survival and development. In addition, the author discusses various State obligations aiming at the enjoyment of the right to survival and development and also touches on global warming and its relationship with the right of the child to survival and development. The reader will gain an understanding of different approaches to the interpretation of human rights treaties in general, and attitudes towards the assessment of the work of the Committee on the Rights of the Child. He will also learn about the connection between the right to development and the economic and social rights of the child on the one hand, and the right of the child to survival and development on the other hand. Moreover, the book introduces the concept of comprehensiveness and individuality of the right of the child to survival and development and fundamentally argues that there is still more to add to the understanding and interpretations of article 6(2) of the CRC

Download or read book Child Rights and International Discrimination Law written by Marit Skivenes and published by Routledge. This book was released on 2019-02-22 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Societies and states are at a crossroad in how children are treated and how their rights are respected and protected. Children ́s new position and their strong rights create tensions and challenge the traditional relationships between family and the state. The United Nations Convention on the Rights of the Child was adopted unanimously by the General Assembly of the United Nations in 1989 and came into force in 1990. Article 2 places states under an obligation to accord primacy to the best interests of the child in all actions concerning children and to ensure and regulate child protection. This book offers a comparative and critical analysis of the implementation of Article 2 of the United Nations Convention on the Rights of the Child. In order to examine how Article 2 is being implemented, it is essential to have a sound understanding of the obligations it emposes. The opening chapters will explore the precise content of these obligations in terms of the legislative history of the text, its underlying philosophy, its amplification by the United Nations Committee on the Rights of the Child, and subsequent authoritative interpretations of it by courts around the world. The book will then drill down into the conceptual and theoretical challenges posed by the very nature of the obligations and will offer in-depth exploration of the long-running ‘rights v welfare’ debate that has always presented something of a challenge in giving effect to children’s rights. Contributors are leading academics in the children’s rights field drawn from a wide range of countries and jurisdictions worldwide, including those with common law, civilian and mixed traditions. Disciplines represented in the book include law, psychology, political science, childhood studies, social work and anthropology. By drawing together the various facets of Article 2 and analysing it from a range of perspectives, the volume provides a coherent and comprehensive inter-disciplinary analysis on discrimination and the rights of the child.

Download or read book The Sovereignty of Children in Law written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2012-01-17 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of the United Nations, as well as many international and regional bodies, imposes various duties on states that consequently have obligations towards the rights of their individuals. This is particularly significant in the case of children who are not only considered one of the most valuable subjects of international regulations, but are also an integral part of the legislation of domestic laws. Despite the fact that laws concerning the rights of children are well settled in the international sphere, and are recognized under the jus cogens norms, national laws about children, or national laws having an effect on children, are still not completely adequate. Many legislative and cultural practices expose the fact that children are not recognized as the holders of rights. National legal authorities should not, in accordance with the existing international legislations, plead provisions of their own laws or deficiencies of those laws in response to a request against them for alleged violations of children’s rights that have occurred under their jurisdiction. In fact, the absence of appropriate legislation within national legal systems and the reluctance of legal authorities to seriously take children’s rights into consideration, have been two of the key reasons for the contraventions of children’s rights in national or international conflicts. Strange as it may seem, when we do not respect the rights of others, it might be considered a civil violation or a crime. But when the rights of children are violated it has, on many occasions, been dismissed as custom or argued that they gave their express consent. For example, in the nineties, when a child of 11 was raped in Sweden, the judgment concluded that there was an implicit consent. Similarly, when a child of seven was raped by an Iranian priest in a Mosque, it was judged as the victim receiving spiritual enlightenment. By analogy with the rules which exist to provide legal, social and economic aid to the victims of national or international crimes, it may be possible to suggest that there is an established legal duty for all states to provide access to resources which can, under reasonable criteria, protect children from the improper conducts of individuals, organisations, and the administration of justice. It is, in principle, true that literally millions of people believe that children are their property or that a child has no rights of his or her own, and thus the conduct of parents, guardians, representatives of organisations, and the administration of justice relating to children are permitted as a matter of law or nature. This book examines many different areas within the law which deal with the specific rights of children such as the philosophy of law, civil law, social law, tax law, criminal law, procedural law, international law, human rights law and the humanitarian law of armed conflict. The intention is to show that there are many rules, provisions, norms, and principles within various areas of the law that relate to the rights of children. The extent of these rights implies the existence of certain regions of law which have to be acknowledged and respected by national authorities. However, the acknowledgement of rights is also a matter of intention, and may be implied or expressed by the practice of authorities. The question of the child constituting a self-ruling subject of justice and its legal ability to create an independent individual legal personality for the protection of its rights, but not necessarily for the exercise of those rights, are the central issues of this book.