Parental Guidance, State Responsibility and Evolving Capacities

Article 5 of the United Nations Convention on the Rights of the Child
Erscheinungsjahr 2021
ISBN: 978-90-04-44686-1
Verlag: Brill

Buch, Englisch, 350 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 725 g

This book arises out of a CRC Implementation Project colloquium on Article 5 of the UN Convention on the Rights of the Child. Article 5 protects the responsibilities, rights and duties of parents or others to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his/her rights. In this interdisciplinary collection, leading international scholars address the interplay of parental guidance, state responsibility and child autonomy within a wide range of fields, from gender identity to criminal justice. The chapters provide fascinating insights into the vital but enigmatic role of Article 5.

Autoren/Hrsg.

Fenton-Glynn, Claire

Sloan, Brian

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Notes on Contributors

Introduction

Brian Sloan and Claire Fenton-Glynn

Part 1: Decoding Article 5

1The Enigma of Article 5 of the United Nations Convention on the Rights of the Child

Central or Peripheral?

Elaine E. Sutherland

2The Scope and Limitations of the Concept of Evolving Capacities within the crc

Gerison Lansdown

3Assessing Children’s Capacity

Reconceptualising Our Understanding through the UN Convention on the Rights of the Child

Aoife Daly

Part 2: Article 5 and Domestic Legal Systems

4‘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

5Parental Guidance in Support of Children’s Participation Rights

The Interplay Between Arts 5 and 12 in the Family Justice System

Nicola Taylor

Part 3: Parental Responsibility and Evolving Capacities

6Do Parents Know Best?

John Eekelaar

7From Reasonable to Unreasonable

Corporal Punishment in the Home

Trynie Boezaart

8Parental 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

Part 4: The Impact of Article 5 in Adoption Proceedings

9Children’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

10Children’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

11Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis

Brian Sloan

Part 5: Case Studies on the Application of Article 5

12Article 5: The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children

Sheila Varadan

13Scotland’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

14New 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

Index

Über Autor(innen)

Claire Fenton-Glynn, PhD (2013) University of Cambridge, is a Senior Lecturer at the Faculty of Law, University of Cambridge. She has published widely on children's rights, focusing in particular on parenthood, surrogacy and adoption. Her work has been cited with approval by the Supreme Court, Law Commission of England and Wales, and the UN Special Rapporteur on the Sale of Children.

Brian Sloan, PhD (2011), University of Cambridge, is a Fellow in Law at Robinson College, Cambridge. He has published widely on family and child law, and his work on adoption law was cited with approval by the UK Supreme Court.