Rewriting children's rights judgments : from academic vision to new practice

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Rewriting children's rights judgments : from academic vision to new practice

edited by Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore

Hart Pub., 2017

  • : hb

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

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

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