Children's Rights and the Developing Law: (Law in Context)

Provoked by the implementation of the Human Rights Act 1998, interest in the concept of children's rights has grown significantly since the first edition of this work was published. Now in its second edition, Children's Rights and the Developing Law explores the way developing law and policy in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on the extent to which these developments take account of children's interests, using a range of current research on children's needs as a template against which to assess their value. A critical approach is maintained throughout the work, particularly when assessing the extent to which the concept of children's rights is being developed by the domestic courts and the degree to which the UK is complying with its obligations to implement the UN Convention on the Rights of the Child. Wide reaching in its scope, the work starts with the theoretical perspectives of the concept of children's rights and the extent to which international activity in the field of human rights can be utilised to inform domestic law.

Table of Contents:
Preface; Part I. Theoretical Perspectives and International Sources: 1. Theoretical perspectives; 2. International children's rights; Part II. Promoting Consultation and Decision-Making: 3. Adolescent decision-making, Gillick and parents; 4. Child runaways, emancipation and rights to support; 5. Adolescent decision-making and health care; 6. Promoting consultation and decision-making in schools; 7. Children in court - rights to representation; 8. Children in court - instructing their own solicitors; 9. Children in court - their wishes and feelings; Part III. Children's Rights and Parents' Powers: 10. Children's rights versus family privacy - corporal punishment and financial support; 11. Parents' decisions and children's health rights; 12. Educational rights for children with disabilities; 13. A child's right to know her parents - the significance of the blood tie; 14. A child's right to know and be brought up by her parents; Part IV. Children's Rights to Protection: 15. An abused child's right to state protection; 16. Right to protection in state care and to state accountability; 17. The right of abused children to protection by the criminal law; 18. Protecting the rights of juvenile offenders; Part V. Conclusion: 19. Themes and the way ahead.

Review :
'There is something for everyone here, from a discussion of children's rights and the impact of the international human rights framework, to practical considerations of age limits and adult perceptions of capacity, decision-making by adolescents, leaving home and support in financial and accommodation, and from legal representation and issues in private and public law, to education, disability, runaways, family relationships, diversity, and children as victims and offenders in criminal law. The sourcing and referencing is an impeccable and comprehensive as ever, and her use of international and domestic case law particularly impressive … Jane Fortin has covered the law on children's rights in one volume that also actually makes you think about what we do - a rare event in legal textbooks, and I know of no-one who does it better.' Liz Goldthorpe, Association of Lawyers for Children Newsletter 'Fortin draws extensively upon works from philosophy and sociology and, in particular, the growing body of research literature on children's real needs as opposed to unrealistic assumptions about children's interests … herein lies the formidable strength of this book. It is a book about children's rights and it does set consideration of rights (in relation to representation, health, education, the criminal justice system etc.‚ within a theoretical framework, but at all times the endeavour is to test the extent to which legal developments in relation to children's rights have had or can have a practical and positive impact upon the lives of children … masterly in its treatment of parents' decisions and children's health care rights; the chapter on children's rights to representation in court of major significance. One turns to it time and time again, not simply to draw upon the wealth of literature upon which the book is based, but to consider the author's own insights into developments … the second edition secures its position as a truly important, influential and authoritative book.' Child & Family Quarterly