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This casebook emphasizes doctrine, policy, and practice. It presents three central themes: the interrelated rights and obligations of children, parents, and government; ways the legal system assesses and uses children's competence to shape regulation; and the role of the child's lawyer. Volume covers several relevant international law issues, including the UN Convention on the Rights of the Child, international child labor, and U.S. tobacco exports to children overseas. The authors have devoted entire chapters to the representation of children, the meaning of "parent," abuse and neglect, the foster care system, adoption, medical decision-making, support and other financial responsibilities, protective legislation, and delinquency.
This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.
This book contrasts and compares the different application of the law relating to the welfare interests and rights of children in France and Germany. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies, and social policy, and also to policymakers, administrators, and professionals working within child welfare systems.
The study and practice of juvenile law is inherently interdisciplinary--a successful practitioner must understand not only the legal implications in the field, but also have a solid grounding in child psychology, child development, neuroscience, sociology, criminology, and social work. The best child-advocates in the law have a firm familiarity with and understanding of the value these other disciplines provide. Children and the Law is a unique coursebook that will revolutionize the way students learn and apply juvenile law. By incorporating the interdisciplinary topics necessary to understand the best practices in child law, author Katherine Federle has carefully selected a vast array of articles, studies, research, cases and statutes that allow students to best understand the law and also help bridge the divide between theory and practice. The book is separated into four main sections: Children and Crime, Children and Protection, Children and Restraints on Freedom, and Children and Decision-Making. Each section in Children and the Law also includes a series of questions, exercises, and problems that encourage students to critically examine legal doctrine and policy in light of available scientific and socio-scientific scholarship.
In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).
In Indian context.