Parental guidance, state responsibility and evolving capacities : Article 5 of the United Nations Convention on the Rights of the Child

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書誌事項

Parental guidance, state responsibility and evolving capacities : Article 5 of the United Nations Convention on the Rights of the Child

edited by Brian Sloan, Claire Fenton-Glynn

Brill Nijhoff, c2021

  • : hardback

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注記

"The papers in this edited collection follow on from a colloquium held in Cambridge in July 2019, as part of the United Nations Convention on the Rights of the Child Implementation Project."--Introduction

Includes bibliographical references and index

内容説明・目次

内容説明

This book arises out of a CRC Implementation Project colloquium on Article 5 of the UN Convention on the Rights of the Child. Article 5 protects the responsibilities, rights and duties of parents or others to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his/her rights. In this interdisciplinary collection, leading international scholars address the interplay of parental guidance, state responsibility and child autonomy within a wide range of fields, from gender identity to criminal justice. The chapters provide fascinating insights into the vital but enigmatic role of Article 5.

目次

Notes on Contributors Introduction Brian Sloan and Claire Fenton-Glynn Part 1: Decoding Article 5 1The Enigma of Article 5 of the United Nations Convention on the Rights of the Child Central or Peripheral? Elaine E. Sutherland 2The Scope and Limitations of the Concept of Evolving Capacities within the crc Gerison Lansdown 3Assessing Children's Capacity Reconceptualising Our Understanding through the UN Convention on the Rights of the Child Aoife Daly Part 2: Article 5 and Domestic Legal Systems 4'Evolving Capacities' and 'Parental Guidance' in the Context of Youth Justice Testing the Application of Article 5 of the Convention on the Rights of the Child Ursula Kilkelly 5Parental Guidance in Support of Children's Participation Rights The Interplay Between Arts 5 and 12 in the Family Justice System Nicola Taylor Part 3: Parental Responsibility and Evolving Capacities 6Do Parents Know Best? John Eekelaar 7From Reasonable to Unreasonable Corporal Punishment in the Home Trynie Boezaart 8Parental Responsibilities and Rights during the "Gender Reassignment" Decision-Making Process of Intersex Infants Guidance in Terms of Article 5 of the Convention on the Rights of the Child Lize Mills and Sabrina Thompson Part 4: The Impact of Article 5 in Adoption Proceedings 9Children's Capacities and Role in Matters of Great Significance for Them An analysis of the Norwegian County Boards' Decision-Making in Cases about Adoption from Care Amy McEwan-Strand and Marit Skivenes 10Children's Views, Best Interests and Evolving Capacities in Consenting to Their Own Adoption A Study of nsw Supreme Court Judgements for Adoptions from Care Judy Cashmore, Amy Conley Wright and Sarah Hoff 11Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis Brian Sloan Part 5: Case Studies on the Application of Article 5 12Article 5: The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children Sheila Varadan 13Scotland's Named Person Scheme A Case Study of Article 5 of the United Nations Convention on the Rights of the Child in Practice Gillian Black 14New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child Mark Henaghan Index

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