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Borderlines in Private Law

Edited by: William Day, Julius Grower
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This book is now Out of Print.
A new edition was published, see:
Children's Rights and the Developing Law 3rd ed isbn 9780521698016

Law In Context: Children's Rights and the Developing Law 2nd ed


ISBN13: 9780521606486
ISBN: 0521606489
New Edition ISBN: 9780521698016
Published: January 2003
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



Original isbn - 040693407X
Provoked by the implementation of the Human Rights Act 1998, interest in the concept of children's rights has grown significantly since the first edition of this work was published. Now in its second edition, Children's Rights and the Developing Law explores the way developing law and policy in England and Wales are simultaneously promoting and undermining the rights of children.

It reflects on the extent to which these developments take account of children's interests, using a range of current research on children's needs as a template against which to assess their value. A critical approach is maintained throughout the work, particularly when assessing the extent to which the concept of children's rights is being developed by the domestic courts and the degree to which the UK is complying with its obligations to implement the UN Convention on the Rights of the Child.

Wide reaching in its scope, the work starts with the theoretical perspectives of the concept of children's rights and the extent to which international activity in the field of human rights can be utilised to inform domestic law.

Subjects:
Family Law
Contents:
Preface.
Part One - Theoretical perspectives and international sources.
Theoretical perspectives.
International children's rights.
Part Two - Promoting consultation and decision-making.
Adolescent decision-making, Gillick and parents.
Child runaways, emancipation and rights to support.
Adolescent decision-making and health care.
Promoting consultation and decision-making in schools
Children in court - rights to representation.
Children in court - instructing their own solicitors.
Children in court - their wishes and feelings.
Part Three - Children's rights and parents' powers.
Children's rights versus family privacy - corporal punishment and financial support.
Parents' decisions and children's health rights.
Educational rights for children with disabilities.
A child's right to know her parents - the significance of the blood tie.
A child's right to know and be brought up by her parents.
Part Four - Children's rights to protection.
An abused child's right to state protection.
Right to protection in state care and to state accountability.
The right of abused children to protection by the criminal law.
Protecting the rights of juvenile offenders.
Part Five - Conclusion. Themes and the way ahead.