Suchergebnisse

A comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.

This commentary presents an overview of the recent English case law on recognition and regulation of surrogacy, particularly as it relates to the issue of international surrogacy arrangements. It demonstrates that when deciding whether to authorise a surrogacy arrangement, there is often a conflict between the enforcement statutory provisions, and the welfare of the child who will bear the burden of any refusal to grant a parental order. As a result, courts have been forced to interpret the legislation in an innovative manner in order to achieve justice for the child. ; This is the author accepted manuscript. The final version is available from Jordan Publishing.

"Bringing together scholars from a wide range of disciplines, this fascinating and timely Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s). This Research Handbook documents the history of adoption legislation and offers comparative perspectives on the implementation of full adoption in England and Wales, in contrast to the use of simple adoption in other European countries. Chapters examine the challenges facing adoption law; from adoption without parental consent and anonymous birth, to transracial and intercountry adoption, as well as discussing the human rights of the child during and after the adoption process. Providing an abundance of global research on all aspects of the topic of adoption, Nigel Lowe and Claire Fenton-Glynn offer a comprehensive guide to the past, present, and future of adoption law. The Research Handbook of Adoption Law will be an indispensable resource for students and researchers of family law and social work, as well as human rights lawyers, legal practitioners in the field of adoption, and social workers worldwide"--

The free movement of persons within the EU has meant that children at risk of harm from family members may be living in a Member State of which they are not a national. The child may be made subject to legal measures under the national law of the host State for the protection of their welfare. This article explores the competence of the EU to protect children in these circumstances, and the scope of the Brussels IIa Regulation in governing jurisdiction over child protection proceedings. It discusses the difference between national child protection systems and the political controversy surrounding English law on adoption following care proceedings issued over a child who is a national of a different Member State. It suggests that further information sharing on national systems and cooperation between courts is necessary for the effectiveness of the law and to encourage understanding of legitimate variation in Member State national family law.

Introduction / Brian Sloan and Claire Fenton-Glynn -- The enigma of Article 5 of the United Nations Convention on the Rights of the Child central or peripheral? / Elaine E. Sutherland -- The scope and limitations of the concept of evolving capacities within the CRC / Gerison Lansdown -- Assessing children's capacity reconceptualising our understanding through the UN Convention on the Rights of the Child / Aoife Daly -- '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 -- Parental guidance in support of children's participation rights the interplay between arts 5 and 12 in the family justice system / Nicola Taylor -- Do parents know best? / John Eekelaar -- From reasonable to unreasonable corporal punishment in the home / Trynie Boezaart -- Parental 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 -- Children'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 -- Children'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 -- Article 5 of the Convention on the Rights of the Child and the involvement of Fathers in Adoption Proceedings : a comparative analysis / Brian Sloan -- Article 5 : The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children / Sheila Varadan -- Scotland'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 -- New 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.