Children, autonomy and the courts : beyond the right to be heard / by Aoife Daly.

Format:

Book

Author/Creator:

Daly, Aoife, author.

Series:

Stockholm studies in child law and children's rights ; Volume 3.

Stockholm Studies in Child Law and Children's Rights, 2405-8343 ; Volume 3

Language:

English

Subjects (All):

Convention on the Rights of the Child (1989 November 20)--Article 12.

Convention on the Rights of the Child.

Children's rights.

Children (International law).

Due process of law.

Locus standi.

Autonomy (Psychology) in children.

Physical Description:

1 online resource (449 pages).

Place of Publication:

Leiden, Netherlands ; Boston, [Massachusetts] : Brill Nijhoff, 2018.

Summary:

In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's \'right to be heard\' is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.

Contents:

Front Matter

Contents

Foreword

Preface

Introduction: Children, Autonomy and the Courts: Beyond the Right to be Heard

A Proposal: Replace the ‘Right to be Heard’ with a ‘Children’s Autonomy Principle’

The Children’s Autonomy Principle and the Best Interest of the Child

Chapter 3: The ‘Liberal Ideal’: Autonomy, Capacity and the Adult/Child Divide

Chapter 4: Ensuring Good Processes for Children through Respect for Autonomy

Chapter 5: ‘Weighing’ Views: The Right to be Heard Does Not Allow Children to Sufficiently Influence Outcomes

Putting the Autonomy Principle into Practice: Moving from a Focus on ‘Competence’ to One on Significant Harm

Chapter 7: Autonomy Support: Embedding the Children’s Autonomy Principle in Good Systems

Conclusion.

Notes:

Includes index.

Description based on print version record.

ISBN:

90-04-35582-0

OCLC:

1008776042

Publisher Number:

10.1163/9789004355828 DOI