Author : Trude Haugli
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 12,14 MB
Release : 2020
Category : Children
ISBN : 9789004382800
This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.
Author : Trude Haugli
Publisher : BRILL
Page : 440 pages
File Size : 15,42 MB
Release : 2019-12-02
Category : Law
ISBN : 900438281X
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
Author : Malcolm Langford
Publisher :
Page : 452 pages
File Size : 25,23 MB
Release : 2019
Category : Children
ISBN : 9788215031422
Norway tops international indexes on children's rights but continues to attract criticism for its level of compliance with the Convention of the Rights of Child. This book address this implementation paradox.The authors ask: What is the current level of implementation? How can we explain any gap in perceived performance? Can we improve our measurement of children's rights? With the use of quantitative and qualitative methods, the volume examines a wide range of areas relevant to children's rights. These include child protection and sexual violence, detention and policing, poverty and custody proceedings, asylum and disability, sexual orientation and gender identity, and childcare and human rights education. In addition, the book offers a proposal for an alternative statistical approach to measuring Norway's performance. The book's editors conclude by pointing towards the complex set of factors that complicate full realisation and the need for the Government to engage in proper measurement of implementation
Author : Arnfinn H. Midtbøen
Publisher : Nordic Council of Ministers
Page : 116 pages
File Size : 27,69 MB
Release : 2018-06-08
Category : Social Science
ISBN : 9289355247
The Nordic countries have a century-long tradition for cooperation within the area of citizenship law. Since the mid-1970s, however, the Nordic countries have moved in different directions. Today, the Nordic countries represent the entire continuum in European citizenship policies – from liberal Sweden to restrictive Denmark, with the other Nordic neighbors in between. This report reviews the historical development and the current citizenship regime in the five Nordic countries, it provides statistics on the acquisition and loss of citizenship in each country over the past 10-15 years, and it offers a comparative analysis of the divergent development of citizenship law in the 2000s. The concluding chapter discusses possible consequences of the different citizenship regimes and the prospects for strengthened cooperation between the Nordic countries in the area of citizenship law.
Author : Pia Letto-Vanamo
Publisher : Springer
Page : 212 pages
File Size : 43,48 MB
Release : 2018-12-12
Category : Law
ISBN : 3030030067
Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.
Author : Claire Fenton-Glynn
Publisher : Cambridge University Press
Page : 425 pages
File Size : 15,7 MB
Release : 2019-04-18
Category : Law
ISBN : 1107193028
Considers how to implement children's rights in the twenty-first century through a child rights-based approach to sustainable development.
Author : John Tobin
Publisher : OUP Oxford
Page : 1600 pages
File Size : 32,18 MB
Release : 2019-03-21
Category : Law
ISBN : 0191544175
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict and the Sale of Children, Child Prostitution and Pornography. It offers a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
Author : Martin Guggenheim
Publisher : Harvard University Press
Page : 308 pages
File Size : 39,29 MB
Release : 2007-09-30
Category : Law
ISBN : 9780674038028
"Children's rights": the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole. From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a "best interests of the child" standard often fails as a meaningful test for determining how best to decide disputes about children.
Author : Jonathan Todres
Publisher : Oxford University Press
Page : 797 pages
File Size : 11,83 MB
Release : 2020-02-19
Category : Law
ISBN : 0190097620
Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.
Author : Julia Sloth-Nielsen
Publisher : Intersentia
Page : 321 pages
File Size : 31,97 MB
Release : 2020-12-31
Category :
ISBN : 9781780689678
This book looks at the domestication of children?s rights through the means of constitutionalisation. Landmark judgments from constitutional courts from across the globe have risen to prominence; for example, the constitutional courts of Indonesia and Zimbabwe outlawing child marriage and the constitutional court of Columbia on the assignment of a gender to an intersex born child, to name a few. Further, the CRC Committee continues to recommend State parties to consider enshrining children?s legal rights at the apex level of law, and there is some interest in, for instance, Germany, in pursuing such an approach. 00An explicit reference to children?s rights in national constitutions may prevail in cases of conflict and it can provide binding standards for legislative, policy, and regulatory measures. Since the adoption of the CRC thirty years ago, a growing body of jurisprudence in domestic courts has served to illuminate the corresponding challenges and limitations.00Constitutionalised, children?s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children?s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. 'Constitutionalisation of Children?s Rights' is a first effort to make developments and case law more accessible.
