Suchergebnisse

This edited collection critiques, from an interdisciplinary perspective, the growing body of EU children's rights activities in the light of broader political, economic and legal processes. Specifically, it interrogates whether EU intervention effectively responds to what are perceived as violations of children's rights and the extent to which EU efforts to uphold children's rights complement and reinforce parallel national and international pursuits. Moreover, it scrutinises the compatibility of EU children's rights measures with the principles and provisions enshrined in the UN Convention on

Children's rights issues have become an increasingly prominent aspect of EU law and policy making over the past decade. What has traditionally been characterized by scattered, ad hoc measures spanning a range of areas has more recently converged into a more direct, coherent and long term "Children's Rights Strategy". This culminated in the Commission's 2006 Communication, "Towards an EU Strategy on the Rights of the Child", which summarized the EU's achievements in various areas of children's rights to date, and sets out a series of short and long term goals to build on this success.
In an attempt to assess the value of this Strategy, this paper takes a detailed and critical look at the nature and scope of existing EU children's rights provision. It questions the potential of the law to enhance children's rights in any meaningful way in the face of limited legal competence, and points to currency of non–binding measures as a more effective way of mobilizing Member States to enhance children's rights protection. In the process, the paper interrogates the ideological foundation of its children's rights campaign and points to the need for additional procedural, budgetary and institutional changes to further this endeavour.

Foreword -- Acknowledgements -- Table of Contents -- Notes on Contributors -- Part I: Children's Rights Judgments: From Academic Vision to New Practice -- 1. Introducing Children's Rights Judgments -- I. Towards Collaboration -- II. The Organisation of the Book -- III. Overview of Contributions -- 2. Judging Children's Rights: Tendencies, Tensions, Constraints and Opportunities -- I. Introduction -- II. Why Children"s Rights Judgments? -- III. The Importance of the Judiciary in Advancing Children"s Rights -- IV. Judging Children"s Rights: Common Tendencies -- V. Judging Children"s Rights: Common Tensions and Constraints -- VI. Concluding Comments -- 3. Towards Children's Rights Judgments -- I. Introduction -- II. Utilising Formal Legal Tools: The CRC in Children"s Rights Judgments -- III. Utilising Academic Scholarship: Unpacking Theoretical Tensions, Conceptual Challenges and Prevailing Presumptions -- IV. Child-friendly Justice: Protecting the Child"s Right to be Heard in Legal Proceedings -- V. Telling a Different Story: The Use of Narrative in Children"s Rights Judgments -- VI. Speaking to Children: the Audience for a Children"s Rights Judgment -- VII. Concluding Comments -- Part II: Children's Rights and Family Life -- 4. Commentary on Re X and Y (Foreign Surrogacy) -- I. Introduction -- II. Background -- III. A Comparison of the Original and Rewritten Judgment -- IV. Legal Developments since Re X And Y (Foreign Surrogacy) -- V. Conclusion -- Judgment: Family Division of the High Court (England and Wales) Re X and Y (Foreign Surrogacy) -- 5. Commentary on CD v ST -- I. Introduction -- II. Employment Rights for Modern Day Families -- III. Who are Regarded as Parents Under the Present Legal Frameworks? -- IV. Overview of the Judgment in CD v ST -- V. Opinion of Advocate Kokott

Making the justice process "child friendly" is a key priority for the children's rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive "Guidelines on Child Friendly Justice". Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children's rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, "child friendly" information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children's rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.

Social Policy Review provides students, academics and all those interested in welfare issues with critical analyses of progress and change in areas of major interest during the past year. Contributions reflect key themes in the UK and internationally. The first part of the collection focuses on developments and change in core UK social policy areas. Part two provides in-depth analyses of topical issues from both UK and international perspectives, while this year's themed section examines 'Migration and social policy'