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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.
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 Turkelli Judgment: Wouter Vandenhole
Author(s) | Edited by Professor Helen Stalford (University of Liverpool), Professor Kathryn Hollingsworth (Newcastle Law School), Professor Stephen Gilmore (King's College London, London). |
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Publisher | Bloomsbury Publishing PLC |
ISBN | 9781782259251 |
Format | Hardback |
Pages | 616 |
Published in | United Kingdom |
Published | 2 Nov 2017 |
Availability | Available |
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