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Implementing Article 3 of the United Nations Convention on the Rights of the Child
Best Interests, Welfare and Well-being

£27.99

Elaine E. Sutherland, Lesley-Anne Barnes Macfarlane, Ursula Kilkelly, Janys M. Scott, Mark Henaghan, John Eekelaar, Nancy E. Dowd, Alison Cleland, Kenneth McK. Norrie, Trynie Boezaart, Brian Sloan, Richard Whitecross, Nicholas Bala, D. Kelly Weisberg, Linda D. Elrod, Nicola Taylor, Claire McDiarmid, Ioana Cismas, Judy Cashmore, Marit Skivenes, Karl Harald Søvig
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  • Date Published: June 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781316610879

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About the Authors
  • The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.

    • Presents critical analysis of the structure and content of Article 3, in itself, and within the framework of the UNCRC as a whole and the wider rights context
    • Offers a unique contemporary analysis of Article 3 rights and obligations
    • Includes contributions from leading academics in the children's rights field, drawn from a wide range of countries and jurisdictions in North America, Europe, Africa and the Antipodes
    Read more

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    Product details

    • Date Published: June 2018
    • format: Paperback
    • isbn: 9781316610879
    • length: 448 pages
    • dimensions: 230 x 153 x 25 mm
    • weight: 0.65kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    Notes on contributors
    Preface
    Introduction Elaine E. Sutherland and Lesley-Anne Barnes Macfarlane
    Part I. Best Interests, Welfare and Well-being: A Contextual Overview:
    1. Article 3 of the United Nations Convention on the Rights of the Child: the challenges of vagueness and priorities Elaine E. Sutherland
    2. The best interests of the child: a gateway to children's rights? Ursula Kilkelly
    3. Conflict between human rights and best interests of children: myth or reality? Janys M. Scott
    4. Final appeal courts and Article 3 of the United Nations Convention on the Rights of the Child: what do the best interests of the particular child have to do with it? Mark Henaghan
    Part II. Confronting the challenges of article 3:
    5. Two dimensions of the best interests principle: decisions about children and decisions affecting children John Eekelaar
    6. A developmental equality model for the best interests of children Nancy E. Dowd
    7. A long lesson in humility? The inability of childcare law to promote the well-being of children Alison Cleland
    Part III. Best Interests and Bestowing Parentage:
    8. Serving best interests in 'known biological father disputes' in the United Kingdom Lesley-Anne Barnes Macfarlane
    9. Surrogacy in the United Kingdom: an inappropriate application of the welfare principle Kenneth McK. Norrie
    10. Baby switching: what is best for the baby? Trynie Boezaart
    11. Primacy, paramountcy and adoption in England and Scotland Brian Sloan
    12. Article 3 and adoption in and from India and Nepal Richard Whitecross
    Part IV. Parenting Disputes and the Best Interests of the Child:
    13. Canada's controversy over best interests and post-separation parenting Nicholas Bala
    14. In harm's way: the evolving role of domestic violence in the best interests analysis D. Kelly Weisberg
    15. The best interests of the child when there is conflict about contact Linda D. Elrod
    16. Relocation disputes following parental separation: determining the best interests of the child Nicola Taylor
    Part V. Best Interests and State Intervention:
    17. Making best interests significant for children who offend: a Scottish perspective Claire McDiarmid
    18. The child's best interests and religion: the Holy See's best interests obligations and clerical child sexual abuse Ioana Cismas
    19. 'Best interests' in care proceedings: law, policy and practice Judy Cashmore
    20. Judicial discretion and the child's best interests: the European Court of Human Rights on adoptions in child protection cases Marit Skivenes and Karl Harald Søvig
    Appendix 1. The United Nations Convention on the Rights of the Child
    Appendix 2. The United Nations Committee on the Rights of the Child, General Comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art 3, para 1), CRC/C/GC/14 (2013)
    Index.

  • Editors

    Elaine E. Sutherland, Lewis and Clark Law School, Oregon
    Elaine E. Sutherland is Professor of Child and Family Law at the Law School, University of Stirling, Scotland, and Distinguished Professor of Law at Lewis and Clark Law School, Oregon.

    Lesley-Anne Barnes Macfarlane, Edinburgh Napier University
    Lesley-Anne Barnes Macfarlane is Lecturer in Child and Family Law at Edinburgh Napier University and has practised as a solicitor in Scotland, specialising in child and family law.

    Contributors

    Elaine E. Sutherland, Lesley-Anne Barnes Macfarlane, Ursula Kilkelly, Janys M. Scott, Mark Henaghan, John Eekelaar, Nancy E. Dowd, Alison Cleland, Kenneth McK. Norrie, Trynie Boezaart, Brian Sloan, Richard Whitecross, Nicholas Bala, D. Kelly Weisberg, Linda D. Elrod, Nicola Taylor, Claire McDiarmid, Ioana Cismas, Judy Cashmore, Marit Skivenes, Karl Harald Søvig

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