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Children's Rights and the Developing Law
     

Children's Rights and the Developing Law

by Jane Fortin
 

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Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the

Overview

Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.

Editorial Reviews

From the Publisher
'There is something for everyone here, from a discussion of children's rights and the impact of the international human rights framework, to practical considerations of age limits and adult perceptions of capacity, decision-making by adolescents, leaving home and support in financial and accommodation, and from legal representation and issues in private and public law, to education, disability, runaways, family relationships, diversity, and children as victims and offenders in criminal law. The sourcing and referencing is an impeccable and comprehensive as ever, and her use of international and domestic case law particularly impressive … Jane Fortin has covered the law on children's rights in one volume that also actually makes you think about what we do - a rare event in legal textbooks, and I know of no-one who does it better.' Liz Goldthorpe, Association of Lawyers for Children Newsletter

'Fortin draws extensively upon works from philosophy and sociology and, in particular, the growing body of research literature on children's real needs as opposed to unrealistic assumptions about children's interests … herein lies the formidable strength of this book. It is a book about children's rights and it does set consideration of rights (in relation to representation, health, education, the criminal justice system etc.‚ within a theoretical framework, but at all times the endeavour is to test the extent to which legal developments in relation to children's rights have had or can have a practical and positive impact upon the lives of children … masterly in its treatment of parents' decisions and children's health care rights; the chapter on children's rights to representation in court of major significance. One turns to it time and time again, not simply to draw upon the wealth of literature upon which the book is based, but to consider the author's own insights into developments … the second edition secures its position as a truly important, influential and authoritative book.' Child & Family Quarterly

'… an engaging, well-written and extensively researched … excellent third edition of the most comprehensive book on the rights of children in England and Wales.' Child and Family Law Quarterly

Product Details

ISBN-13:
9780511699344
Publisher:
Cambridge University Press
Publication date:
08/13/2009
Series:
Law in Context
Sold by:
Barnes & Noble
Format:
NOOK Book
File size:
1 MB

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What People are Saying About This

From the Publisher
'At page 459 Fortin states that 'this work seeks to show the sceptic how a rights based approach can be translated into workable policies and legal principles and also that a conscientious attempt to apply these is better than guesswork and intuition.' This indeed is a very laudable aim and in summary, this work of detailed academic and practical fortitude does exactly that … in plenty.' Family Law

Meet the Author

Jane Fortin is Professor of Law at Sussex University. She writes widely on issues relating to child and family law and is co-editor of the Child and Family Law Quarterly.

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