Decisional privacy and the rights of the child
Author(s)
Bibliographic Information
Decisional privacy and the rights of the child
(Routledge research in human rights law)
Routledge, 2023
- : hbk
- Other Title
-
Children's right to decisional privacy in Australian family law
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Based on author's thesis (Ph.D.)--University of Melbourne, 2020, issued under title: Children's right to decisional privacy in Australian family law
Includes bibliographical references and index
Description and Table of Contents
Description
Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child's right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children's rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children's rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria.
This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children's meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children's medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children.
This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children's rights, parental responsibilities and state duties in relation to children's best interests, and with the challenge of better enabling and listening to children's voices in decision-making processes.
Table of Contents
Acknowledgements
List of abbreviations
Note on referencing style
A child-friendly summary
Introduction
PART A: Privacy and Children's Rights: A Theoretical Perspective
1. The meaning and value of privacy
2. A children's rights approach to decisional privacy
3. Re-reading court judgments from a children's rights perspective
PART B: Children's Right to Decisional Privacy in Practice 4. Medical treatment for gender dysphoria as a 'special medical procedure'
5. 'Harsh' but 'bound': re-reading the Full Court's judgment in Re Jamie6. The 'greatest advancement in transgender rights' for Australian children? Re-reading the Full Court's judgment in Re Kelvin7. Validating treatment that 'goes to the heart of an individual's identity': re-reading the Court of Appeal's judgment in Bell v Tavistock8. Recognising and respecting children's right to decisional privacy: conflicts, complexities and opportunities
Conclusion
Index
by "Nielsen BookData"