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This new edition of a completely unique title outlines current law, policy and practice as it relates to children in all areas of their lives. Written in a clear analytical style, it maps the legal landscape and highlights the key provisions and principles you need to navigate when handling cases involving children and families. No other book examines law and policy affecting children in such a comprehensive and detailed manner. It tackles a broad range of issues concerning children beyond traditional family law, including constitutional issues, and will keep your firm in step with current thinking and the latest legal practice nationally and internationally. It is thoroughly updated since the last edition which issued in 2008. Updated to the Child Care (Amendment) Act 2011 and deals with the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012 and the proposed Child First Bill.
The United Nations Convention on the Rights of the Child (CRC) requires States Parties to take all appropriate measures to implement the rights in the Convention. As we celebrate the 30th anniversary of the Convention?s adoption, focus has shifted onto the measures being taken at national level to give effect to children?s rights with specific reference to legal incorporation both direct and indirect. The way in which the CRC is given legal effect is highly contingent upon the constitutional and legal systems of individual countries and can best be understood by those writing from the specific national context. So this book combines individual contributions that address the experience of legal incorporation in selected countries by their national experts, with comparative analysis of the international landscape from the world?s leading authorities on legal implementation of the CRC. The jurisdictions covered in this book include Australia, Scotland, Norway, Ireland, Sweden, Iceland, Wales, Israel, New Zealand, South Africa, USA, Mexico and China.
The UN Global Study on Children Deprived of Liberty detailed many children’s poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland’s experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children’s rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.
"Children's rights": the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole. From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a "best interests of the child" standard often fails as a meaningful test for determining how best to decide disputes about children.
This book explores the meaning and implementation of international children’s rights law, as laid down in the United Nations Convention on the Rights of the Child and related international and regional human rights instruments. It considers the application of international children’s rights at the national level and addresses key procedural and institutional matters concerning children’s rights implementation, including monitoring, complaints mechanisms, effective remedies, advocacy and international agenda-setting. The book breaks new ground by analysing a wide range of international children’s rights issues from a legal perspective. It incorporates a comparative perspective on children’s rights law at the international, regional and domestic level and contains information on evidence-based strategies towards the implementation and enforcement of international children’s rights law. The book is targeted at academics, legal and other professionals, and advanced students. It analyses children’s rights law in the following areas: implementation and enforcement; advocacy and standard setting; complaints and remedies; the child and the family; adoption; alternative care; protection from violence; civil rights of the child; economic, social and cultural rights; education; health; migration and refugees; children and the justice system; children with disabilities; deprivation of liberty; children’s rights and digital technologies; war and disaster; sustainable development goals and further contemporary issues.
"Dr. Kilkelly's newest book, Children's Rights in Ireland: Law, Policy, and Practice, is a most useful and significant legal treatise of interest not only in Ireland but to readers in all English speaking nations. This book provides a thorough review of the historical evolution of the rights of children, relevant theories, case law, legislation, and a review of the current and growing influence of international law in the realm of children's legal rights. Highly recommend for all person interested in the rights of children, and essential reading for legal scholars and practitioners working in this area of law". John Dayton, J.D., Ed. D., Professor and Co-Director, Education Law Consortium, University of Georgia. A unique legal analysis of child and family law from a children's rights perspective. This completely unique new title outlines current law, policy and practice as it relates to children in all areas of their lives. Written in a clear analytical style, it maps the legal landscape and highlights the key provisions and principles you need to navigate when handling cases involving children and families. No other book examines law and policy affecting children in such a comprehensive and detailed manner. It tackles a broad range of issues concerning children beyond traditional family law, including constitutional issues, and will keep your firm in step with current thinking and the latest legal practice nationally and internationally. Written by Ireland's leading children's rights expert, it brings you and your firm right up to date.
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
Child Law in Ireland provides a comprehensive and accessible analysis of the Irish child law system. It incorporates an examination of Ireland's international obligations in this area arising under the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, as well as an examination of the Irish Constitution and the domestic legislative framework. The book addresses a wide range of child law topics, including: children's rights; parentage; donor-assisted human reproduction and surrogacy; guardianship, custody and access; child protection; representation and participation; and education. Child Law in Ireland includes a discussion of timely legal developments, such as: the Assisted Reproduction Bill 2017; the Children and Family Relationships Act 2015; the Adoption (Amendment) Act 2017; the Adoption (Information and Tracing) Bill 2016; the Children First Act 2015; and the Education (Admission to Schools) Bill 2016, among others.
Written to commemorate 30 years since the United Nations Convention on the Rights of the Child (UNCRC), The Routledge International Handbook of Young Children’s Rights reflects upon the status of children aged 0–8 years around the world, whether they are respected or neglected, and how we may move forward. With contributions from international experts and emerging authorities on children’s rights, Murray, Blue Swadener and Smith have produced this highly significant textbook on young children’s rights globally. Containing sections on policy, along with rights to protection, provision and participation for young children, this book combines discussions of children’s rights and early childhood development, and investigates the crucial yet frequently overlooked link between the two. The authors examine how policy, practice and research could be utilised to address the barriers to universal respect for children, to create a safer and more enriching world for them to live and flourish in. The Routledge International Handbook of Young Children’s Rights is an essential resource for students and academics in early childhood education, social work and paediatrics, as well as for researchers, policymakers, leaders and practitioners involved in the provision of children’s services and paedeatric healthcare, and international organisations with an interest in or ability to influence national or global policies on children’s rights.