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Rewriting Children’s Rights Judgments

From Academic Vision to New Practice

Editor(s): Helen Stalford, Kathryn Hollingsworth, Stephen Gilmore
Media of Rewriting Children’s Rights Judgments
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Published: 02-11-2017
Format: Hardback
Edition: 1st
Extent: 616
ISBN: 9781782259251
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP: £80.00
 

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Loren Epson

About Rewriting Children’s Rights Judgments

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

Table Of Contents

Part I: Children's Rights Judgments: From Academic Vision to New Practice
1. Introducing Children's Rights Judgments
Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore
2. Judging Children's Rights: Tendencies, Tensions, Constraints and Opportunities
Helen Stalford and Kathryn Hollingsworth
3. Towards Children's Rights Judgments
Kathryn Hollingsworth and Helen Stalford

Part II: Children's Rights and Family Life
4. Re X and Y (Foreign Surrogacy) [2008] EWHC 3030 (Fam)
Commentary: Emma Walmsley
Judgment: Jo Bridgeman
5. Case C-167/12 CD v ST [2014] ECR I-000 18 March 2014
Commentary: Connie Healy
Judgment: Eugenia Caracciolo di Torella
6. Re C v XYZ County Council [2007] EWCA Civ 1206
Commentary: Brian Sloan
Judgment: Claire Fenton-Glynn
7. Gas and Dubois v France (Application no. 25951/07) ECtHR 15 March 2012
Commentary: Ursula Kilkelly
Judgment: Lydia Bracken
8. P-S (Children) [2013] EWCA Civ 223
Commentary: David Lane
Judgment: Jane Williams
9. Hoge Raad ECLI:NL:HR:2014:3535 5 December 2014
Commentary: Ton Liefaard and Marielle Bruning
Judgment: Ton Liefaard and Marielle Bruning
10. AAA v Associated Newspapers Ltd [2013] EWCA Civ 554
Commentary: Thomas DC Bennett
Judgment: Kirsty Hughes

Part III: Children's Rights and Medical Decision-making
11. Re W (A Minor)(Consent to Medical Treatment) [1993] Fam 64
Commentary: Emma Nottingham
Judgment: Stephen Gilmore
12. F v F [2013] EWHC 2683 (Fam)
Commentary: Julie Doughty
Judgment: Emma Cave
13. Re T (A Minor) (Wardship: Medical Treatment) [1997] 1 FLR 502
Commentary: Noam Peleg
Judgment: Michael Freeman
14. Re A (Conjoined Twins) [2000] EWCA Civ 254
Commentary: Jonathan Herring
Judgment: Amel Alghrani

Part IV: Children's Rights and Public Authorities
15. R (on the Application of Castle) v Commissioner of Police for the Metropolis
[2011] EWHC 2317 (Admin)
Commentary: Fiona Donson
Judgment: Aoife Daly
16. Collins v Secretary of State for Communities and Local Government [2013] EWCA Civ 1865 CA
Commentary: Stephen Cottle
Judgment: Simon Hoffman
17. Government of the Republic of South Africa and Others v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC)
Commentary: Aoife Nolan
Judgment: Anashri Pillay
18. Valsamis v Greece (Application No 21787/93) ECtHR, 18 December 1996
Commentary: Jenny Driscoll
Judgment: Laura Lundy
19. R (On the Application of Begum) v Head-teacher and Governors of Denbigh High School [2006] UKHL 15
Commentary: Nuno Ferreira
Judgment: Maria Federica Moscati
20. S v Special Educational Needs and Disability Tribunal (SENDIST) and Oxfordshire County Council [2005] EWHC 196 (Admin)
Commentary: Seamus Byrne
Judgment: Neville Harris
21. Canadian Foundation for Children, Youth and the Law v Canada (Attorney General) 2004 SCC 4
Commentary: Lucinda Ferguson
Judgment: Sonja Grover

Part V: Children's Rights and Criminal Justice
22. Roper v Simmons 543 US 551 (2005)
Commentary: Emily Buss
Judgment: Barbara Bennett Woodhouse
23. R v JTB [2009] UKHL 20
Commentary: Kathryn Hollingsworth
Judgment: Ray Arthur
24. The Prosecutor v Thomas Lubanga Dyilo International Criminal Court, Trial Chamber I, Case No ICC-01/04-01/06 14 March 2012
Commentary: Conrad Nyamutata
Judgment: Trevor Buck
25. Farooq Ahmed v Federation of Pakistan PLD 2005 Lahore 15
Commentary: Urfan Khaliq
Judgment: Abdullah Khoso
26. The Case of John Hudson December 1783, trial of John Hudson (t17831210-19)
Commentary: Sue Farran and Rhona Smith
Judgment: Sue Farran and Rhona Smith

Part VI: Children's Rights and International Movement
27. RCB as Litigation Guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest [2012] HCA 47
Commentary: Rhona Schuz
Judgment: Brian Simpson
28. Povse v Austria (Application no 3890/11) ECtHR 18 June 2013
Commentary: Ruth Lamont
Judgment: Lara Walker
29. Case C-34/09 Zambrano v Offi ce national de l'emploi (ONEm) [2011] ECR I-01177 8 March 2011
Commentary: Charlotte O'Brien
Judgment: Helen Stalford
30. Antwi and others v Norway (Application No 26940/10) ECtHR 14 February 2012
Commentator: Ellen Nissen
Judgment: Maria Papaioannou
31. Defence for Children International (DCI) v Belgium (Complaint No 69/2011) ECSR 23 October 2012
Commentator: Gamze Erdem Türkelli
Judgment: Wouter Vandenhole

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