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Rewriting Children’s Rights Judgments: From Academic Vision to New Practice

Editat de Professor Helen Stalford, Professor Kathryn Hollingsworth, Professor Stephen Gilmore
en Limba Engleză Hardback – noi 2017
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.
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Specificații

ISBN-13: 9781782259251
ISBN-10: 1782259252
Pagini: 616
Dimensiuni: 169 x 244 x 42 mm
Greutate: 1.29 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book offers an Innovative methodology of rewriting case law from a children's rights perspective.

Notă biografică

Helen Stalford is Professor of Law at the University of Liverpool. Kathryn Hollingsworth is Professor of Law at Newcastle Law School. Stephen Gilmore is Professor of Family Law at King's College London.

Cuprins

Part I: Children's Rights Judgments: From Academic Vision to New Practice1. Introducing Children's Rights Judgments Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore2. Judging Children's Rights: Tendencies, Tensions, Constraints and Opportunities Helen Stalford and Kathryn Hollingsworth3. Towards Children's Rights Judgments Kathryn Hollingsworth and Helen Stalford Part II: Children's Rights and Family Life4. Re X and Y (Foreign Surrogacy) [2008] EWHC 3030 (Fam) Commentary: Emma WalmsleyJudgment: Jo Bridgeman5. Case C-167/12 CD v ST [2014] ECR I-000 18 March 2014 Commentary: Connie HealyJudgment: Eugenia Caracciolo di Torella6. Re C v XYZ County Council [2007] EWCA Civ 1206 Commentary: Brian SloanJudgment: Claire Fenton-Glynn7. Gas and Dubois v France (Application no. 25951/07) ECtHR 15 March 2012 Commentary: Ursula KilkellyJudgment: Lydia Bracken8. P-S (Children) [2013] EWCA Civ 223 Commentary: David LaneJudgment: Jane Williams9. Hoge Raad ECLI:NL:HR:2014:3535 5 December 2014 Commentary: Ton Liefaard and Marielle BruningJudgment: Ton Liefaard and Marielle Bruning10. AAA v Associated Newspapers Ltd [2013] EWCA Civ 554 Commentary: Thomas DC BennettJudgment: Kirsty Hughes Part III: Children's Rights and Medical Decision-making11. Re W (A Minor)(Consent to Medical Treatment) [1993] Fam 64 Commentary: Emma NottinghamJudgment: Stephen Gilmore12. F v F [2013] EWHC 2683 (Fam) Commentary: Julie DoughtyJudgment: Emma Cave13. Re T (A Minor) (Wardship: Medical Treatment) [1997] 1 FLR 502 Commentary: Noam PelegJudgment: Michael Freeman14. Re A (Conjoined Twins) [2000] EWCA Civ 254 Commentary: Jonathan HerringJudgment: Amel Alghrani Part IV: Children's Rights and Public Authorities15. R (on the Application of Castle) v Commissioner of Police for the Metropolis[2011] EWHC 2317 (Admin) Commentary: Fiona DonsonJudgment: Aoife Daly16. Collins v Secretary of State for Communities and Local Government [2013] EWCA Civ 1865 CA Commentary: Stephen CottleJudgment: Simon Hoffman17. Government of the Republic of South Africa and Others v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC) Commentary: Aoife NolanJudgment: Anashri Pillay18. Valsamis v Greece (Application No 21787/93) ECtHR, 18 December 1996 Commentary: Jenny DriscollJudgment: Laura Lundy19. R (On the Application of Begum) v Head-teacher and Governors of Denbigh High School [2006] UKHL 15 Commentary: Nuno FerreiraJudgment: Maria Federica Moscati20. S v Special Educational Needs and Disability Tribunal (SENDIST) and Oxfordshire County Council [2005] EWHC 196 (Admin) Commentary: Seamus ByrneJudgment: Neville Harris21. Canadian Foundation for Children, Youth and the Law v Canada (Attorney General) 2004 SCC 4 Commentary: Lucinda FergusonJudgment: Sonja Grover Part V: Children's Rights and Criminal Justice22. Roper v Simmons 543 US 551 (2005) Commentary: Emily BussJudgment: Barbara Bennett Woodhouse23. R v JTB [2009] UKHL 20 Commentary: Kathryn HollingsworthJudgment: Ray Arthur24. The Prosecutor v Thomas Lubanga Dyilo International Criminal Court, Trial Chamber I, Case No ICC-01/04-01/06 14 March 2012 Commentary: Conrad NyamutataJudgment: Trevor Buck25. Farooq Ahmed v Federation of Pakistan PLD 2005 Lahore 15 Commentary: Urfan KhaliqJudgment: Abdullah Khoso26. The Case of John Hudson December 1783, trial of John Hudson (t17831210-19) Commentary: Sue Farran and Rhona SmithJudgment: Sue Farran and Rhona Smith Part VI: Children's Rights and International Movement27. RCB as Litigation Guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest [2012] HCA 47 Commentary: Rhona SchuzJudgment: Brian Simpson28. Povse v Austria (Application no 3890/11) ECtHR 18 June 2013 Commentary: Ruth LamontJudgment: Lara Walker29. Case C-34/09 Zambrano v Offi ce national de l'emploi (ONEm) [2011] ECR I-01177 8 March 2011Commentary: Charlotte O'BrienJudgment: Helen Stalford30. Antwi and others v Norway (Application No 26940/10) ECtHR 14 February 2012 Commentator: Ellen Nissen Judgment: Maria Papaioannou31. Defence for Children International (DCI) v Belgium (Complaint No 69/2011) ECSR 23 October 2012 Commentator: Gamze Erdem TürkelliJudgment: Wouter Vandenhole

Recenzii

This collection is an outstanding contribution to the field, and its practical value can already be seen ... this book has potential to lend serious weight to the drive towards giving children and their rights the prominence and respect which they deserve. Rewriting Children's Rights Judgments is essential reading for anyone working in this field ... I congratulate the editors and authors involved with this impressive collection, and recommend it in the strongest terms.
A scholarly, informative and heartfelt work with no letdowns.