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Rewriting Children's Rights Judgments: From Academic Vision to New Practice

Rewriting Children's Rights Judgments: From Academic Vision to New Practice

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781782259251
  • 出版时间 November 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509936885
¥1,175.00
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  • 描述 
  • 大纲 
  • 详细

    This important edited collection is the culmination of research undertaken by The Children's Rights Judgments Project an initiative which involves academic experts revisiting an 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.

    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 Türkelli
    Judgment: Wouter Vandenhole

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