Rewriting Children s Rights Judgments

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Rewriting Children s Rights Judgments

From Academic Vision to New Practice

Law: Human rights and civil liberties Family law Family law: children

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Language: English

Published by: Hart Publishing

Published on: 2nd November 2017

Format: LCP-protected ePub

Size: 616 pages

ISBN: 9781782259268


Overview

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

Key Factors

Collectively, the judgments point to five key factors that support a children''s rights-based approach to judgment writing. These include: using children''s rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children''s rights focused narrative; and using child-friendly language.

Judgments and Commentary

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.

Collection Highlights

Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children''s rights.

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