Rewriting Children's Rights Judgments: From Academic Vision to New Practice

Description

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.

Helen Stalford is Professor of Law at the University of Liverpool. Kathryn Hollingsworth is Professor of Law at Newcastle Law School. Stephen Gilmore is Professor of Family Law at King's College London.

A scholarly, informative and heartfelt work with no letdowns. -- Chris Barton, Emeritus Professor of Family Law, Staffordshire University * The Modern Law Review * This collection is an outstanding contribution to the field, and its practical value can already be seen ... this book has potential to lend serious weight to the drive towards giving children and their rights the prominence and respect which they deserve. Rewriting Children's Rights Judgments is essential reading for anyone working in this field ... I congratulate the editors and authors involved with this impressive collection, and recommend it in the strongest terms. -- Rob George, Faculty of Laws, University College London * Journal of Social Welfare and Family Law *