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What Is Right for Children?:

The Competing Paradigms of Religion and Human Rights
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Martha Fineman, Karen Worthington
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Ashgate Publishing, Ltd., Jan 1, 2009 - Social Science - 450 pages
Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.
  

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Contents

Child Family State and Gender Equality in Religious Stances
19
Save the Children
45
Feminist Fundamentalism on the Frontier between Government
59
THE LEGAL CONTEXT
79
Trial in Adult
107
Creating and Maintaining Maternal Value
123
Parents Foster Care and Poverty
145
Expanding the ParentChildState Triangle in Public Family
169
CHILDREN WITHIN THE CONTEXT
239
A Return to a Rights Discourse
269
Accommodating Childrens Religious Expression in Public
283
Children Education and Rights in a Society Divided
311
Children International Human Rights and the Politics of Belonging
329
The Right of Children to Be Loved
347
Appendix
365
Bibliography
389

A Proposal for Collaborative Enforcement of a Federal
205
Taking Childrens Interests Seriously
229

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About the author (2009)

Martha Albertson Fineman is the Maurice T. Moore Professor of Law and Director of the Feminism and Legal Theory Project at Columbia University School of Law. She is the editor of "At the Boundaries of Law: Feminism and Legal Theory" and the author of "The Neutered Mother, the Sexual Family and Other Twentieth Century Tragedies,"

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