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 74 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.
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 281 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.
Download or read book Vulnerability and Young People written by Kate Brown and published by Policy Press. This book was released on 2016-12-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policies to assist or protect vulnerable youth play a crucial role in welfare and criminal justice processes, but what role does the discourse surrounding these policies play in how they are put into action? Bringing together real-life examples with academic and practical applications, this book explores the implications of a "vulnerability zeitgeist" in policy and practice. It draws on in-depth research with marginalized young people and the professionals who support them to question whether the rise of the concept of vulnerability serves the interests of those who are most disadvantaged. Vulnerability and Young People will be important reading for scholars, students, and policy makers interested in the care and protection of young people.
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 370 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.
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 Oxford Handbook of Children and the Law written by James G. Dwyer and published by . This book was released on 2020 with total page 954 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Children and the Law presents cutting-edge interdisciplinary scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in each area. Authors present and analyze 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, ART, and surrogacy); infant development; child maltreatment (including corporal punishment and religious defences to abuse and neglect); the child protection system and foster care; child custody disputes between parents; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulating private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. It is an essential resource for scholars and professionals interested in the intersection of children and the law.
Download or read book Law and Childhood Studies written by Michael Freeman and published by OUP Oxford. This book was released on 2012-03-08 with total page 608 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 Univesity 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 Childhood Studies, the fourteenth volume in the Current Legal Issues series, offers an insight into the state of law and childhood studies scholarship today. Focussing on the inter-connections between the two disciplines, it addresses the key issues informing current debates.
Download or read book Philosophical Foundations of Children s and Family Law written by Elizabeth Brake and published by Oxford University Press. This book was released on 2018 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is the first of its kind to examine the ethical foundations of family law. Topics include the value of marriage, the scope of parental control rights, the protection of children's interests, and the role of religious freedom in the legal attitude to family relationships.
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 268 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.
Download or read book Resilience and Vulnerability written by Suniya S. Luthar and published by Cambridge University Press. This book was released on 2003-05-05 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrated in this book are contributions from leading scientists who have each studied children's adjustment across risks common in contemporary society. Chapters in the first half of the book focus on risks emanating from the family; chapters in the second half focus on risks stemming from the wider community. All contributors have explicitly addressed a common set of core themes, including the criteria they used to judge 'resilience' within particular risk settings, the major factors that predict resilience in these settings; the limits to resilience (vulnerabilities coexisting with manifest success); and directions for interventions. In the concluding chapter, the editor integrates evidence presented through all preceding chapters to distill (a) substantive considerations for future research, and (b) salient directions for interventions and social policies, based on accumulated research knowledge.
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 198 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.
Download or read book Vulnerable Children in South Africa written by R. Songca and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Vulnerable Children in South Africa: Legal, social development and criminological aspects analyses the legal, social development, criminological and penology issues that affect vulnerable children and children who are in conflict with the law. The book adopts a multi-disciplinary approach to the topic and considers vulnerability within both the family and broader societal structures. The book addresses the needs of children as victims and children as perpetrators of harm. The book takes a holistic view of vulnerability in childhood and addresses a wide variety of issues, including the nature and potential legal impact of harmful cultural practices. Vulnerable Children in South Africa also describes the causes and effects of vulnerability in childhood and emphasises the multi-disciplinary aspects of working with such children as victims or offenders. The authors concentrate on the processes that apply to the work of various professionals: police officers-, lawyers, social workers, probation officers and correctional officers. The Child Justice Act 75 of 2008, the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are among the Acts that are discussed.
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.
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.
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: This book promotes a relational understanding of the self. It explores how law can be transformed by focusing on the promotion and protection of caring relationships, rather than individual rights. This offers a radical and profound re-imagining of what law is about and what it should be trying to do. It moves from the theoretical into offering practical examples of how the law could be developed to enhance relationships, rather than undermine them.
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: We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognizes our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
Download or read book Vulnerability written by Silvia Bonacchi and published by V&R unipress. This book was released on 2024-06-17 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents studies on a wide range of discursive positions marked by vulnerability and investigates the functions of (self-)positioning actors as vulnerable in contemporary social discourses. As a phenomenon that manifests itself in different social arenas, vulnerable positions and instances of (self-)positioning indicate various crisis situations on a broad spectrum of phenomena, of manifestations and implications. Starting from the assumption that vulnerable (self-)positioning and stance-taking is manifested at the level of discursive practices, performative processes and material achievements, the contributors describe a series of mechanisms of staging vulnerability in a wide range of manifestations: among them physical, psychological, social, sexual and gender, linguistic, and institutional vulnerability.
