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Child-friendly Justice

A Quarter of a Century of the UN Convention on the Rights of the Child

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Edited by Said Mahmoudi, Pernilla Leviner, Anna Kaldal and Katrin Lainpelto

Child-friendly Justice assesses how the UN Convention on the Rights of the Child has affected the development of child law and the promotion of children’s rights in the past twenty-five years. Its 24 studies probe a broad variety of issues relating to children’ s contact with civil, administrative and criminal justice systems, the protection of child integrity and their right to participation, information and proper representation.

The contributors - all experts on child-related matters - represent international organisations, academia and NGOs. They provide a clear picture of the origins of the current problems in realising child-friendly justice, and they discuss possible solutions.

Edited by Michael Freeman

This volume is in part intended to celebrate the 25th anniversary of the United Nations Convention on the Rights of the Child. We are now a generation on from its formulation, and, as this varied collection of articles by leading thinkers in the field reflects, children's rights have come a long way. Yet the aim of this volume is not to look back, but to take stock and look forward. It explores subjects as diverse as socio-economic rights, corporal punishment, language and scientific progress as they relate to children and their rights, and offers new insights and new ideas. Edited by one of the most respected and leading scholars in the field, The Future of Children's Rights constitutes a stimulating and useful resource for academics and practitioners alike.

The International Law of Youth Rights

Second Revised Edition

Edited by Jorge Cardona, Giuseppe Porcaro, Jaakko Weuro and Giorgio Zecca

In 1996 William Angel launched a unique, pioneering study tracing the origin, growth and basic features of the international law of youth rights. It consisted of both source documents and commentary on the historical trends to elaborate and codify international instruments and standards in this field, as well as action taken by governmental, intergovernmental, and non-governmental organizations to promote and protect youth rights. It concluded with a call for a new international instrument and monitoring machinery to better promote and protect the rights of youth on a global basis.
The aim of the current revised, updated and expanded edition of this ground-breaking work is twofold. First, to preserve and update the landmark historical research undertaken by William Angel and present it to today’s audience. Second, to introduce up-to-date analysis of the state of the International Law of Youth Rights and to provide an easy-to-use compilation of sources of law for researchers and practitioners active in this field. This important collection will provide a roadmap for readers to finding the various sources of the International Law of Youth Rights and a reference point for the most relevant legal documents in force. It aims to spark further legal, political and sociological research in the academic field, as well as support even stronger advocacy actions to further the rights of young people.

Two volume set.

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Mónica Feria Tinta

This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.

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Sylvie Langlaude

The child’s right to religious freedom in international law has never been considered in a comprehensive fashion, yet key issues include the prevention of indoctrination, religious clothing, the relationship of the child with parents and religious communities, and the duties of the state to the child. Building on a sociological analysis of religious children, a body of international legal materials is analysed against a theoretical model of what the child’s right ought to be. This book is the first attempt at analysing what international law says on the question, the result is a compelling analysis of the definitive position of international law on the child’s right to religious freedom.

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Holly Cullen

The Role of International Law in the Elimination of Child Labor offers an indispensible contribution to current debates on child labor. It addresses a broad range of subdisciplines, analyzing child labor in the context of social, economic, and cultural issues. The first part of the book traces the development of contemporary law relating to child labor, specifically addressing child slavery, child sexual exploitation, and the use of child soldiers. Part II is devoted to observance and enforcement, discussing state and private reporting mechanisms, complaint procedures, and sanctions.

The book is the 28th volume in the Procedural Aspects of International Law (PAIL) Monograph Series.

Susan Bitensky

The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles.
The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada).
Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence.

Published under the Transnational Publishers imprint.

Jonathan Todres, Mark E. Wojcik and Cris Revaz

This in-depth text goes beyond the rhetoric of the debate on children’s rights and the Convention on the Rights of the Child, in particular, to provide a detailed examination of the impact that U.S. ratification of the Convention would have on U.S. law. The chapters have been written by leading children’s advocates and scholars with a general audience in mind, as the authors believe that it is important for all Americans to become informed about the Convention and about children’s rights in general. With a greater understanding of the substance of the Convention and children’s rights, readers will be better positioned to determine what the real issues are, what is simply rhetoric without any basis in fact or law, and how they can address the real issues in an effective manner in order to provide a better world for all children.

The book is divided broadly-speaking into two sections. The first part of the book provides an introduction to the Convention, examines the key issues of debate with respect to U.S. ratification, and explores many of the overarching themes that arise in the context of U.S. consideration of the Convention, or any other international instrument for that matter. The remainder of the book is dedicated to more in-depth examinations of various provisions of the Convention, with a view to determining the impact of U.S. ratification of the Convention with respect to those issues in particular.

Published under the Transnational Publishers imprint.

Edited by Michael Freeman

This collection offers a series of essays highlighting many of the most controversial of contemporary issues relating to children, medicine and health care including the participation rights of children, genetic testing, male circumcision, organ donation, gender reassignment, the rights of autistic children, anorexia nervosa. Essays are written by a range of leading scholars across a range of disciplines. A number of the essays in this collection were previously published in the International Journal of Children's Rights.

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Claire Breen

One of the aims of the United Nations Convention on the Rights of the Child is to accord due recognition to the fact that 'the child, by reason of his phsyical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth'.
However, a question mark hangs over the extent to which 'special safeguards and care' can negatively impact on the rights of the child and result in discrimination against the child in the guise of 'his physical and mental immaturity'. This volume explores the extent to which children's rights are secured at the national level; and the reasons why children's rights have or have not been recognised and secured by various states at the level of domestic law. It also explores the difficulties inherent in the accordance of rights to children in order to ascertain whether they do in fact derive from the particular nature of children or whether they mask a reluctance of states to fulfil their domestic and international rights obligations to children, and whether such reluctance constitutes 'discrimination against children'. The volume thus explores the theoretical and legal underpinnings of gender and race discrimination, at both the domestic and international level, and examines the extent to which these may be applied to the area of children's rights.