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Parental Rights and Responsibilities by Stephen Gilmore Pdf
This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of ?parent? and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.
Parental Rights and Responsibilities by Harriet Churchill Pdf
Child welfare, state welfare and parenting issues are high on the UK policy agenda; this timely book examines recent policy developments, parental perspectives about parenting and child-rearing and parental rights to 'welfare state support'.
In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman’s illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility—as a sacred trust, not a sacred right—we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.
Responsible Parents and Parental Responsibility by Rebecca Probert,Stephen Gilmore,Jonathan Herring Pdf
This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law.
Parental Responsibility, Young Children and Healthcare Law by Jo Bridgeman Pdf
This book provides a comprehensive examination of the legal regulation of the provision of healthcare to young children in England and Wales. A critical analysis is given on the law governing the provision of healthcare to young and dependent children identifying an understanding of the child as vulnerable and in need of protection, including from his or her own parents. The argument is made for a conceptual framework of relational responsibilities which would ensure that consideration is given to the needs of the child as an individual, to the experiences of parents gained as they care for their child and that the wider context, such as attitudes towards disability, public health issues or the support and resources available, is examined. This book makes an important contribution to understanding the law regulating the provision of healthcare to young and dependent children and to the development of a discourse of responsibility.
Parental Guidance, State Responsibility and Evolving Capacities by Claire Fenton-Glynn,Brian Sloan Pdf
In this book leading international scholars provide fascinating insights into the vital but enigmatic role of Article 5 of the Convention on the Rights of the Child.
Parental rights and responsibilities by Churchill, Harriet Pdf
This timely book examines parental rights to 'welfare state support' and parental responsibilities for child welfare in relation to recent social policy agendas pursued by the Labour government in the UK in the context of child well-being research, state welfare analysis and sociological research about parental perspectives and the multiple contexts of parenting and childhood. It calls for notions of parental rights and responsibilities which are more responsive to the diversity of parental perspectives and parenting contexts. The book is valuable reading for students, researchers and practitioners in social policy and child and family services.
Monitoring State Compliance with the UN Convention on the Rights of the Child by Ziba Vaghri,Jean Zermatten,Gerison Lansdown,Roberta Ruggiero Pdf
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
The Moral Foundations of Parenthood by Joseph Millum Pdf
Most people believe that parents have moral rights and responsibilities regarding their children. These rights and responsibilities undergird the nuclear family and are essential to the flourishing of its members. However, their basis and contents are hotly contested. Do a child's genetic parents have a right to parent her? The importance of genetic ties is affirmed by many people's gut responses, everyday talk, and many court decisions, but the moral justification for tying parenthood rights to genetics is unclear. Parents are routinely permitted to make far-reaching decisions about their children's medical care, education, religious practice, and even how to punish them. When can parental rights be limited by the interests of the child or society? Matters are no more settled when it comes to parental responsibilities. It is commonly thought that if a man conceives a child through voluntary sexual intercourse he acquires parental responsibilities, even if he took every precaution against conception. On the other hand, sperm donors are widely-though not universally-thought to have no responsibilities towards their progeny. What is the basis for these disparate judgments? Parents are expected to do a lot for their children as they raise them. But there are surely limits. Sometimes parents have to balance the needs of multiple family members or just want to have time for themselves. What is the extent of their parental responsibilities? In The Moral Foundations of Parenthood, Joseph Millum provides a philosophical account of moral parenthood. He explains how parental rights and responsibilities are acquired, what those rights and responsibilities consist in, and how parents should go about making decisions on behalf of their children. In doing so, he provides a set of frameworks to help solve pressing ethical dilemmas relating to parents and children.
Parental Responsibility in the Context of Neuroscience and Genetics by Kristien Hens,Daniela Cutas,Dorothee Horstkötter Pdf
Should parents aim to make their children as normal as possible to increase their chances to “fit in”? Are neurological and mental health conditions a part of children’s identity and if so, should parents aim to remove or treat these? Should they aim to instill self-control in their children? Should prospective parents take steps to insure that, of all the children they could have, they choose the ones with the best likely start in life? This volume explores all of these questions and more. Against the background of recent findings and expected advances in neuroscience and genetics, the extent and limits of parental responsibility are increasingly unclear. Awareness of the effects of parental choices on children’s wellbeing, as well as evolving norms about the moral status of children, have further increased expectations from (prospective) parents to take up and act on their changing responsibilities. The contributors discuss conceptual issues such as the meaning and sources of moral responsibility, normality, treatment, and identity. They also explore more practical issues such as how responsibility for children is practiced in Yoruba culture in Nigeria or how parents and health professionals in Belgium perceive the dilemmas generated by prenatal diagnosis.
Author : Great Britain. Department of Health Publisher : The Stationery Office Page : 108 pages File Size : 44,9 Mb Release : 1991 Category : Education ISBN : 0113213727
The Children Act 1989 by Great Britain. Department of Health Pdf
How does the Children Act 1989 affect family support services? What are the implications for day care services for young children? What action should local authorities take? This guide provides a clear statement of the requirements placed on local authorities by the Children's Act 1989, highlighting the need for authorities to review their existing childcare policies. It outlines effective strategies and policies to help authorities give practitioners a framework within which to work, discussing the implications for policy, procedures and practice. The Act gives local authorities a new range of duties, including identification of children who are in need or danger, support of children's links with their families, provision of day care and the setting up of procedures to consider representations about the provision of services.
A Theory of Bioethics by David DeGrazia,Joseph Millum Pdf
Offers a compelling theory of bioethics, covering medical assistance-in-dying, the right to health care, abortion, animal research, and the definition of death.
Medical Treatment of Children and the Law by Jo Bridgeman Pdf
The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.
The Claims of Parenting by Stefan Ramaekers,Judith Suissa Pdf
Many sociological, historical and cultural stories can be and have already been told about why it is that parents in post-industrial, western societies face an often overwhelming array of advice on how to bring up their children. At the same time, there have been several philosophical treatments of the legal, moral and political issues surrounding issues of procreation, the rights of children and the duties of parents, as well as some philosophical accounts of the shifts in our underlying conceptualization of childhood and adult-child relationships. While this book partly builds on the insights of this literature, it is significantly different in that it offers a philosophically-informed discussion of the actual practical experience of being a parent, with its deliberations, judgements and dilemmas. In probing the ethical and conceptual questions suggested by the parent-child relationship, this unique volume demonstrates the irreducible philosophical richness of this relationship and thus provides an important counter-balance to the overly empirical and largely psychological focus of a great deal of “parenting” literature. Unlike other analytic work on the parent-child relationship and the educational role of parents, this work draws on first-person accounts of the day-to-day experience of being a parent in order to explore the ethical and epistemological aspects of this experience. In so doing it exposes the limitations of some of the languages within which contemporary “parenting” is conceptualized and discussed, and opens up a space for thinking about childrearing and the parent-child relationship beyond and other than in terms of the languages which dominate the ways in which we generally think about it today.