Rewriting children's rights judgments : from academic vision to new practice / Edited by Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore.

Format:

Book

Contributor:

Gilmore, Stephen, editor.

Hollingsworth, Kathryn, editor.

Stalford, Helen, editor.

Language:

English

Subjects (All):

Children--Legal status, laws, etc--Great Britain.

Children.

Children's rights--Great Britain--Cases.

Children's rights.

Physical Description:

1 online resource (615 pages) : illustrations

Place of Publication:

Portland, Oregon : Hart Publishing, 2017.

Summary:

This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights

Contents:

Part I: Children's Rights Judgments: From Academic Vision to New Practice

1. Introducing Children's Rights Judgments

Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore

2. Judging Children's Rights: Tendencies, Tensions, Constraints and Opportunities

Helen Stalford and Kathryn Hollingsworth

3. Towards Children's Rights Judgments

Kathryn Hollingsworth and Helen Stalford

Part II: Children's Rights and Family Life

4. Re X and Y (Foreign Surrogacy) [2008] EWHC 3030 (Fam)

Commentary: Emma Walmsley

Judgment: Jo Bridgeman

5. Case C-167

12 CD v ST [2014] ECR I-000 18 March 2014

Commentary: Connie Healy

Judgment: Eugenia Caracciolo di Torella

6. Re C v XYZ County Council [2007] EWCA Civ 1206

Commentary: Brian Sloan

Judgment: Claire Fenton-Glynn

7. Gas and Dubois v France (Application no. 25951

07) ECtHR 15 March 2012

Commentary: Ursula Kilkelly

Judgment: Lydia Bracken

8. P-S (Children) [2013] EWCA Civ 223

Commentary: David Lane

Judgment: Jane Williams

9. Hoge Raad ECLI:NL:HR:2014:3535 5 December 2014

Commentary: Ton Liefaard and Marielle Bruning

Judgment: Ton Liefaard and Marielle Bruning

10. AAA v Associated Newspapers Ltd [2013] EWCA Civ 554

Commentary: Thomas DC Bennett

Judgment: Kirsty Hughes

Part III: Children's Rights and Medical Decision-making

11. Re W (A Minor)(Consent to Medical Treatment) [1993] Fam 64

Commentary: Emma Nottingham

Judgment: Stephen Gilmore

12. F v F [2013] EWHC 2683 (Fam)

Commentary: Julie Doughty

Judgment: Emma Cave

13. Re T (A Minor) (Wardship: Medical Treatment) [1997] 1 FLR 502

Commentary: Noam Peleg

Judgment: Michael Freeman

14. Re A (Conjoined Twins) [2000] EWCA Civ 254

Commentary: Jonathan Herring

Judgment: Amel Alghrani

Part IV: Children's Rights and Public Authorities

15. R (on the Application of Castle) v Commissioner of Police for the Metropolis

[2011] EWHC 2317 (Admin)

Commentary: Fiona Donson

Judgment: Aoife Daly

16. Collins v Secretary of State for Communities and Local Government [2013] EWCA Civ 1865 CA

Commentary: Stephen Cottle

Judgment: Simon Hoffman

17. Government of the Republic of South Africa and Others v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC)

Commentary: Aoife Nolan

Judgment: Anashri Pillay

18. Valsamis v Greece (Application No 21787

93) ECtHR, 18 December 1996

Commentary: Jenny Driscoll

Judgment: Laura Lundy

19. R (On the Application of Begum) v Head-teacher and Governors of Denbigh High School [2006] UKHL 15

Commentary: Nuno Ferreira

Judgment: Maria Federica Moscati

20. S v Special Educational Needs and Disability Tribunal (SENDIST) and Oxfordshire County Council [2005] EWHC 196 (Admin)

Commentary: Seamus Byrne

Judgment: Neville Harris

21. Canadian Foundation for Children, Youth and the Law v Canada (Attorney General) 2004 SCC 4

Commentary: Lucinda Ferguson

Judgment: Sonja Grover

Part V: Children's Rights and Criminal Justice

22. Roper v Simmons 543 US 551 (2005)

Commentary: Emily Buss

Judgment: Barbara Bennett Woodhouse

23. R v JTB [2009] UKHL 20

Commentary: Kathryn Hollingsworth

Judgment: Ray Arthur

24. The Prosecutor v Thomas Lubanga Dyilo International Criminal Court, Trial Chamber I, Case No ICC-01

04-01

06 14 March 2012

Commentary: Conrad Nyamutata

Judgment: Trevor Buck

25. Farooq Ahmed v Federation of Pakistan PLD 2005 Lahore 15

Commentary: Urfan Khaliq

Judgment: Abdullah Khoso

26. The Case of John Hudson December 1783, trial of John Hudson (t17831210-19)

Commentary: Sue Farran and Rhona Smith

Judgment: Sue Farran and Rhona Smith

Part VI: Children's Rights and International Movement

27. RCB as Litigation Guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest [2012] HCA 47

Commentary: Rhona Schuz

Judgment: Brian Simpson

28. Povse v Austria (Application no 3890

11) ECtHR 18 June 2013

Commentary: Ruth Lamont

Judgment: Lara Walker

29. Case C-34

09 Zambrano v Offi ce national de l'emploi (ONEm) [2011] ECR I-01177 8 March 2011

Commentary: Charlotte O'Brien

Judgment: Helen Stalford

30. Antwi and others v Norway (Application No 26940

10) ECtHR 14 February 2012

Commentator: Ellen Nissen

Judgment: Maria Papaioannou

31. Defence for Children International (DCI) v Belgium (Complaint No 69

2011) ECSR 23 October 2012

Commentator: Gamze Erdem Türkelli

Judgment: Wouter Vandenhole

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781782259282

1782259287

9781782259268

1782259260

9781782259275

1782259279

OCLC:

989519839