Litigating the Rights of the Child

Litigating the Rights of the Child

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  • Author: Ton Liefaard
  • Publisher: Springer
  • ISBN: 9401794456
  • Category : Social Science
  • Languages : en
  • Pages : 277

This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.


Litigating Parental Alienation

Litigating Parental Alienation

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  • Author: Ashish Joshi
  • Publisher:
  • ISBN: 9781641058285
  • Category : Law
  • Languages : en
  • Pages : 344

"How to evaluate and present an effective case in family court"--


Climate Change Litigation: Global Perspectives

Climate Change Litigation: Global Perspectives

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  • Author: Ivano Alogna
  • Publisher: BRILL
  • ISBN: 900444761X
  • Category : Law
  • Languages : en
  • Pages : 567

This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.


Litigating Transnational Human Rights Obligations

Litigating Transnational Human Rights Obligations

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  • Author: Mark Gibney
  • Publisher: Routledge
  • ISBN: 1135121052
  • Category : Law
  • Languages : en
  • Pages : 385

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.


Children's Rights

Children's Rights

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  • Author: John T. Pardeck
  • Publisher: Routledge
  • ISBN: 0789028115
  • Category : Family & Relationships
  • Languages : en
  • Pages : 298

This book covers the children's rights movement and the rights of parents. It examines the implications of children's rights for policy and practice with particular reference to children with disabilities and children in the care of protective services.


The Voice of a Child in Family Law Disputes

The Voice of a Child in Family Law Disputes

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  • Author: Patrick Parkinson
  • Publisher: Oxford University Press, USA
  • ISBN: 0199237794
  • Category : Family & Relationships
  • Languages : en
  • Pages : 249

Is it better to keep children out of family law conflicts about parenting, or to give them a say? This book integrates the issues with empirical data on the views and experiences of children and other participants in such disputes, suggesting ways that children can better be heard without placing them at the centre of conflicts.


Children's Rights and the Developing Law

Children's Rights and the Developing Law

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  • Author: Jane Fortin
  • Publisher: Cambridge University Press
  • ISBN: 1139479989
  • Category : Law
  • Languages : en
  • Pages : 879

Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.


Law Briefs on Litigation and the Rights of Exceptional Children, Youth, and Adults

Law Briefs on Litigation and the Rights of Exceptional Children, Youth, and Adults

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  • Author: Ernest E. Singletary
  • Publisher:
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 580


Child Abuse and Neglect Litigation

Child Abuse and Neglect Litigation

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  • Author: Howard A. Davidson
  • Publisher:
  • ISBN:
  • Category : Actions and defenses
  • Languages : en
  • Pages : 280


Litigating the Issue of the Best Interests of the Child

Litigating the Issue of the Best Interests of the Child

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  • Author: Suffolk University. Law School. Center for Continuing Professional Development
  • Publisher:
  • ISBN:
  • Category : Child abuse
  • Languages : en
  • Pages : 504