Children's Rights and the Developing Law

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Cambridge University Press, 2003 - Juvenile Nonfiction - 663 pages
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Provoked by the implementation of the Human Rights Act 1998, interest in the concept of children's rights has grown significantly since the first edition of this work was published. Now in its second edition, Children's Rights and the Developing Law explores the way developing law and policy in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on the extent to which these developments take account of children's interests, using a range of current research on children's needs as a template against which to assess their value. A critical approach is maintained throughout the work, particularly when assessing the extent to which the concept of children's rights is being developed by the domestic courts and the degree to which the UK is complying with its obligations to implement the UN Convention on the Rights of the Child. Wide reaching in its scope, the work starts with the theoretical perspectives of the concept of children's rights and the extent to which international activity in the field of human rights can be utilised to inform domestic law.
 

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Contents

Table of statutes
xvi
Table of cases
xxv
Theoretical perspectives
3
3 Do children have any rights and if so which ones?
12
4 Conclusion
27
Adoption and Children Act 2002contd
31
3 The United Nations and the aftermath of the Second World War
33
6 The European Convention on Human Rights
50
4 Caring for a childs health
326
5 Conclusion
338
3 Collective worship and religious education
353
Educational rights for children with disabilities
359
3 Early diagnosis
367
5 The disabled childs right to individuality and educational independence
374
Childrens right to know their parents the significance of
382
Administration of Estates 1925 115
386

7 The Council of Europe and childrens rights
63
Adolescent decisionmaking Gillick and parents
71
4 Adolescents parents and the Gillick heritage
78
6 Conclusion
87
3 Legal rights to leave home
94
4 Leaving home state assistance with financial support
100
6 Children divorcing their parents
109
8 The American experience of emancipation
115
Adolescent decisionmaking and health care
121
1 Adolescents legal rights to consent to medical treatment
122
Section B Adolescent decisionmaking the difficult cases
135
Abortion Act 1967
139
Conclusion
157
4 Pupils and school discipline
171
5 School administration
184
Childrens involvement in family proceedings rights
197
Access to Justice Act 1999
207
4 Childrens involvement in family proceedings
210
5 Conclusion
242
2 The welfare principle a reassessment
248
4 A childs views some problem areas
257
5 Conclusion
267
Childrens rights versus family privacy physical punishment
273
4 Parental duty to support the child
285
5 Conclusion
302
3 A childs right to life and the legal implications of lifethreatening decisions
314
3 Unmarried fathers
390
5 Identity and names
398
Childrens right to know and be brought up by their parents
419
3 The blood tie private foster carers and adoption
430
5 Conclusion
443
3 The child protection process what criteria should be used?
451
4 Prevention and avoidance of protective litigation
459
6 Proof of significant harm childrens rights or justice for parents?
467
7 The childs own perspectives
476
Right to protection in state care and to state accountability
485
3 Protecting children in residential care
494
4 The childs own perspectives
501
6 Conclusion
514
2 Background
520
4 The decision to prosecute
526
6 Protecting child witnesses in criminal trials
532
8 Conclusion
541
3 The age of criminal responsibility
550
4 Diversion from court
560
7 Children who kill
580
3 The fragmented child
594
UN Convention on the Rights of the Child
607
Human Rights Act 1998
625
Index
641
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