Parental Guidance, State Responsibility and Evolving Capacities

Article 5 of the United Nations Convention on the Rights of the Child

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.

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Claire Fenton-Glynn, PhD (2013) University of Cambridge, is a Senior Lecturer at the Faculty of Law, University of Cambridge. She has published widely on children's rights, focusing in particular on parenthood, surrogacy and adoption. Her work has been cited with approval by the Supreme Court, Law Commission of England and Wales, and the UN Special Rapporteur on the Sale of Children.

Brian Sloan, PhD (2011), University of Cambridge, is a Fellow in Law at Robinson College, Cambridge. He has published widely on family and child law, and his work on adoption law was cited with approval by the UK Supreme Court.
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

Scholars and students from a range of disciplines interested in children's rights and evolving capacities, as well as international human rights law more generally.