The human rights of children : selected essays on children's rights / Michael Freeman.

Format:

Book

Author/Creator:

Freeman, Michael, 1936- author.

Series:

Nijhoff Law Specials

Language:

English

Subjects (All):

Children--Legal status, laws, etc.

Children.

Children's rights.

Physical Description:

1 online resource (306 pages)

Place of Publication:

Leiden, Netherlands ; Boston, Massachusetts : Brill, [2022]

Summary:

For decades, Professor Michael Freeman has without doubt been one of the world's most infuential scholars in international children's rights. His scholarship has been at the forefront of the field and has helped shape many of the developments within it. This collection offers the reader a thought-provoking snapshot of some of his most seminal essays, written and/or published over the past 30 years. Together they highlight above all the interdisciplinary nature of the issues he discusses. Legal doctrinal questions that make the case for recognising that children have rights are of course discussed. But aspects of moral and political philosophy are dealt with as well, in addition to, among other other disciplines, history, theology, psychology and antropology.

Contents:

Intro

Contents

Preface

Acknowledgements

Chapter 1 The Human Rights of Children

Introduction

Equality Legislation

The Private World of Children

Human Beings/Human Becomings

The Importance of Rights

Why Rights for Children

Making Children's Rights Count

(i) Education

(ii) A Children's Rights Ombudsman

(iii) Duty to Ensure Legislation's Compatibility with the UNCRC

(iv) Incorporate the UNCRC into UK Law

(v) Giving Children the Right of Petition

(vi) Treating Children as Citizens

Some Concluding Thoughts

Chapter 2 A Time to be Born and a Time to Die

A Time to be Born

Not Being Born

Being Born a Clone

Being Chosen to be Born

A Time to Die

Choosing to Die

Having the Decision to Die Taken by Others

Conclusions

Chapter 3 Upholding The Dignity and Best Interests of Children: International Law and the Corporal Punishment of Children

I. Introduction - A Pre-History

II. International Declarations on Children's Rights: Guiding Principles

A. Dignity

B. The Best Interests of the Child

III. The UN Convention on the Rights of the Child: Provisions and Interpretation

A. Article 19

B. General Comment No. 8

C. General Comment No. 1

D. The Committee's Jurisprudence on Corporal Punishment

IV. The UN Secretary General's Study on Violence against Children

V. United Nations Committees

A. The Human Rights Committee

B. The Committee on Economic, Social, and Cultural Rights

C. The Committee against Torture

VI. The European Convention on Human Rights

VII. European Bodies Concerned with the Protection of Children

A. The European Committee of Social Rights

B. The Committee of Ministers of the Council of Europe

C. The European Network of Ombudspersons for Children

VIII. The African Charter on the Rights and Welfare of the Child.

IX. The Inter-American Human Rights System: The Declaration of The Rights and Duties of Man

X. Corporal Punishment in Asia

XI. Conclusion

Chapter 4 Whose Life is it Anyway?

I. Parental Responsibility and Medical Treatment

II. The Importance of a Parent's Wishes

III. Autonomy in Child-Rearing

IV. Why do Parents have Rights?

V. Whose Rights?

VI. Best Interests?

VII. Conclusion

Chapter 5 The Morality of Cultural Pluralism

Prologue - Pluralism and Children's Rights

Cultural Pluralism

Monism

Relativism

Responding to the Case Studies - Relativism

The Monist Response

The Pluralist Approach

A Concluding Comment

Chapter 6 Cleveland, Butler-Sloss and Beyond - How are We to React to the Sexual Abuse of Children?

What is Child Sexual Abuse?

How Much Child Sexual Abuse is There?

How is Child Sexual Abuse to be Explained?

What Happened in Cleveland?

Protecting Abused Children and Innocent Parents

(i) The Reflex Anal Dilatation Test

(ii) The Use of Place of Safety

(iii) Medical Procedures and Consents

(iv) Access to Children

(v) Disclosure Interviews

Where do We Go from Here?

(i) Eliminating Abuse

(ii) Dealing with Abuse

Conclusion

Chapter 7 Does Surrogacy Have a Future after Brazier?

I. Introduction

II. Brazier's Philosophy

III. Brazier's Recommendations

A. Payments to Surrogates

B. Regulation

C. Reforming the Law

D. The Revised Parental Order

IV. Conclusion

Chapter 8 Images of Child Welfare in Child AbductionAppeals

II. Assessing a Risk

III. An Objecting Child

IV. Non-Convention Cases

V. Looking at Other Systems - A Value Framework

VI. Conclusion

Chapter 9 The Limits of Children's Rights

The Importance of Children's Rights

Rights and Dignity.

Rights - from Where?

Children and Double Standards

Liberating Children

The Limits of Autonomy

Putting Rights into Practice: Surmounting Limits

Implementing Rights

Conclusion.

Notes:

Includes bibliographical references.

British Library not licensed to copy 0.

Description based on print version record.

Other Format:

Print version: Freeman, Michael The Human Rights of Children

ISBN:

9789004219106