Handbook On European Law Relating To The Rights Of The Child

Author : Agence des droits fondamentaux de l'Union européenne,Conseil de l'Europe,Cour européenne des droits de l'homme
Publisher : Unknown
Page : 254 pages
File Size : 54,8 Mb
Release : 2015
Category : Electronic
ISBN : 9287199175

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Handbook on European law relating to the rights of the child by Agence des droits fondamentaux de l'Union européenne,Conseil de l'Europe,Cour européenne des droits de l'homme Pdf

Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also illustrates the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to where rights and responsibilities are most prominently vested in children's carers. This handbook aims to raise awareness and improve the knowledge of the legal standards that protect and promote children's rights in Europe. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights (ECHR), the European Social Charter (ESC) and other CoE instruments. The handbook is designed for non-specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organisations responsible for ensuring the legal protection of the rights of the child. It explains key jurisprudence, summarising major rulings of both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 2017
Category : Electronic
ISBN : 9294915425

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Handbook on European Law Relating to the Rights of the Child by Anonim Pdf

Author : Unione Europea. Agenzia per i diritti fondamentali
Publisher : Unknown
Page : 307 pages
File Size : 41,9 Mb
Release : 2022
Category : Electronic
ISBN : 9294614573

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Handbook on European Law Relating to the Rights of the Child by Unione Europea. Agenzia per i diritti fondamentali Pdf

Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also considers the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to situations in which rights and responsibilities are most prominently vested in children’s carers. This handbook aims to raise awareness and improve knowledge of the legal standards that protect and promote children’s rights in Europe. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights, the European Social Charter and other CoE instruments. The handbook is designed for non-specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organisations responsible for ensuring the legal protection of the rights of the child. It explains key jurisprudence, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights.

Author : Council of Europe,European Union Agency for Fundamental Rights
Publisher : Council of Europe
Page : 402 pages
File Size : 45,5 Mb
Release : 2018-04-15
Category : Political Science
ISBN : 9789287198495

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Handbook on European data protection law by Council of Europe,European Union Agency for Fundamental Rights Pdf

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Author : Ursula Kilkelly
Publisher : Taylor & Francis
Page : 368 pages
File Size : 45,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781317038627

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The Child and the European Convention on Human Rights by Ursula Kilkelly Pdf

The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.

Author : Helen Stalford
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 45,7 Mb
Release : 2012-08-14
Category : Law
ISBN : 9781847319890

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Children and the European Union by Helen Stalford Pdf

This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 50,9 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Author : Jonathan Todres,Shani M. King
Publisher : Oxford University Press
Page : 797 pages
File Size : 53,7 Mb
Release : 2020-02-19
Category : Law
ISBN : 9780190097622

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The Oxford Handbook of Children's Rights Law by Jonathan Todres,Shani M. King Pdf

Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.

Author : Rachel Hodgkin,Peter Newell
Publisher : United Nations Publications
Page : 787 pages
File Size : 49,9 Mb
Release : 2007
Category : Law
ISBN : 9280641832

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Implementation Handbook for the Convention on the Rights of the Child by Rachel Hodgkin,Peter Newell Pdf

"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.

Author : Geraldine Van Bueren,Council of Europe
Publisher : Council of Europe
Page : 214 pages
File Size : 45,9 Mb
Release : 2007-01-01
Category : Social Science
ISBN : 9287162697

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Child Rights in Europe by Geraldine Van Bueren,Council of Europe Pdf

This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description

Author : Ingi Iusmen,Helen Stalford
Publisher : Verlag Barbara Budrich
Page : 331 pages
File Size : 47,8 Mb
Release : 2015-11-16
Category : Political Science
ISBN : 9783847404125

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The EU as a Children’s Rights Actor by Ingi Iusmen,Helen Stalford Pdf

This edited collection critiques, from an interdisciplinary perspective, the growing body of EU children’s rights activities in the light of broader political, economic and legal processes. Specifically, it interrogates whether EU intervention effectively responds to what are perceived as violations of children’s rights and the extent to which EU efforts to uphold children’s rights complement and reinforce parallel national and international pursuits. Moreover, it scrutinises the compatibility of EU children’s rights measures with the principles and provisions enshrined in the UN Convention on the Rights of the Child (CRC).

Author : James G. Dwyer
Publisher : Oxford University Press, USA
Page : 954 pages
File Size : 40,8 Mb
Release : 2020
Category : Law
ISBN : 9780190694395

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The Oxford Handbook of Children and the Law by James G. Dwyer Pdf

The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

Author : Anthony Arnull,Damian Chalmers
Publisher : Oxford University Press
Page : 950 pages
File Size : 53,9 Mb
Release : 2015-07-23
Category : Law
ISBN : 9780191653056

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The Oxford Handbook of European Union Law by Anthony Arnull,Damian Chalmers Pdf

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Author : Marilyn Freeman,Wendy Schrama,Marielle Bruning,Nicola Taylor
Publisher : European Family Law
Page : 400 pages
File Size : 42,7 Mb
Release : 2021-07-16
Category : Electronic
ISBN : 1839700564

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International Handbook on Child Participation in Family Law, 51 by Marilyn Freeman,Wendy Schrama,Marielle Bruning,Nicola Taylor Pdf

This book considers children?s participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child.00This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors? views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals.

Author : Hilaire Barnett
Publisher : Routledge
Page : 217 pages
File Size : 52,9 Mb
Release : 2021-11-14
Category : Law
ISBN : 9780429840524

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Children's Rights and the Law by Hilaire Barnett Pdf

This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.