Family law: children Books

Book SynopsisThe current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group's continuity. It probes the Genocide Convention's boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiablTrade ReviewA well-researched report about the horror of 'legal' child abduction by the state, which deems itself the savior that will elevate the children of what it deems inferior cultures to it’s notion of 'civilized' heights. Slay their children, or rob them of their cultural heritage by removal, the end result is genocide! -- Daniel N. Paul, Mi'kmaw ElderThis fascinating book traces the origins of the forcible child transfer, providing the most extensive history of its further development from a widespread practice in different corners of the world to an act punishable under international criminal law. Showing the multifaceted nature of the genocidal forcible child transfer and offering several pillars to substantiate her approach, Amir is effectively arguing to grant a specific protection to children of any identifiable group, making them the fifth protected group under the Genocide Convention. The issue is particularly sensitive and important for us Armenians, as we had lost a lot of children as a result of the forcible child transfer during the Armenian Genocide. This is a must read, must-think and must-act book. -- Edita Gzoyan, Senior Researcher at the Armenian Genocide Museum-InstituteThis is a uniquely important book for all those interested in the promotion of human rights in the contemporary world. Amir argues persuasively that children ought to be recognized as a protected group within the framework of international law. By studying empirically children transfers in several countries, this volume goes much beyond theoretical analysis; in fact, it argues convincingly for a significant expansion of the Genocide Convention. This book is a significant contribution to transforming our planet into a more humane place. -- Ilan Peleg, Lafayette CollegeEven genocide scholars and historians who have fallen into the trap of overintellectualizing and disconnecting emotionally from the tragedy of victims will be drawn by this fine study to feel once again. I remember only too well my anguish as a parent when one of my young children would ‘disappear’ and not return home when expected. Here, Ruth Amir brings us face-to-face with the infinite tragedy and evils of kidnapping children of a group, the brutal treatment of colonized and enslaved peoples, recruitment of child-soldiers, forced marriages, rape, and impregnation, use of children as sex slaves, and more. One also cannot but be aware of how the subject is so relevant in our times even in what had been not so long ago our bastions of democracy. -- Israel W. Charny, author of The Genocide Contagion: How We Commit and Confront Holocaust and GenocideTable of ContentsChapter One: Genocide Chapter Two: The Forcible Transfer Clause Chapter Three: Forcible Child Transfers–Colonialism Chapter Four: Forcible Transfer of Immigrant Children Chapter Five: Forcible Transfers of Republican Children in Spain Chapter Six: Genocide of Political Groups and Forcible Child Transfers

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Book SynopsisThe Rt Hon Sir Andrew McFarlane, President of the Family Division, UK

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Book SynopsisTaken into Custody'' exposes the greatest and most destructive civil rights abuse in America today. Family courts and Soviet-style bureaucracies trample basic civil liberties, entering homes uninvited and taking away people''s children at will, then throwing the parents into jail without any form of due process, much less a trial. No parent, no child, no family in America is safe. The legal industry does not want you to hear this story. Radical feminists, bar associations, and social work bureaucracies have colluded to suppress this information. Even pro-family" groups and civil libertarians look the other way. Yet it is a reality for tens of millions of Americans who are our neighbors."

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Book SynopsisThe Concise Seventh Edition of Cases and Materials on Family Law offers students a streamlined introduction to family law with a distinctive focus on how large-scale social inequalities structure, and are structured by, family law. The Concise Seventh Edition spotlights issues of race, ethnicity, gender, sexuality, trans, and class inequalities—often at their intersections—across the entirety of the book in ways that mark the book as squarely in the present, but informed by a sense of history to help students imagine the future of family law. The Concise Edition features a revamped introductory chapter with voices from across the political spectrum designed to get students excited about the course from day one, along with new materials on children, especially child custody and welfare, and comprehensive engagement with assisted reproduction. For student experience, the Concise Seventh Edition includes a range of experiential tools, including problems on the financial aspects of divorce and support and a comprehensive divorce negotiation exercise, that give students a taste for practice in the field.

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Book SynopsisThe provisions for the Adam Walsh Child Protection and Safety Act fall into four categories: a revised sex offender registration system, child and sex related amendments to federal criminal and procedure, child protective grant programs, and other initiatives designed to prevent and punish sex offenders and those who victimise children. This book provides a full analysis of the Adam Walsh Child Protection and Safety Act and other recent legislation and issues in the sex offender registration and community notification laws. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

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Book SynopsisThis book delves into the complex and often politicized world of asylum claims and asylum rights of children seeking sanctuary in the United States. This eye-opening book asks two vital questions: do immigration judges base their asylum decisions on more than just the law, and how have federal courts responded to executive policies and programs that significantly affect the rights of these minors? With over 12,000 immigration court decisions and 200 federal court cases as its backbone, this book uncovers how both legal and political factors shape the fate of children seeking asylum. The findings reveal that while political factors do influence the decision-making process, courts still strive to protect the legal rights of unaccompanied minors, pushing back against some of the more harmful and legally dubious immigration policies pursued by various Presidential administration This book is a must-read for anyone seeking to understand the intricacies of asylum claims and asylum rights of unaccompanied minors in the United States.Table of ContentsContentsList of AbbreviationsIntroductionChapter 1: Legal Background of U.S. Asylum Proceedings Involving Unaccompanied Alien ChildrenPart IChapter 2: Judicial Decision Making at the Macro-Level: How do Immigration Judges Decide?Chapter 3: Judicial Decision Making at The Macro-Level: How Does the Board of Immigration Appeals Decide?Part IIChapter 4: Judicial Decision Making at the Micro-Level: Federal Courts’ Decision Making on Procedural Rights and Procedural Due Process of Unaccompanied Minors in the U.S.Chapter 5: Judicial Decision Making at the Micro-Level: Federal Court Decisions on Substantive Law and RightsConclusionBibliographyAbout the Authors

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Book SynopsisEnd the Co-Parenting War. If you find co-parenting with your ex to be a constant struggle and it seems like he fights you every step of the way - sometimes just for sport, you are not alone. Are you worried that you cannot go on like this for the next 10-15 years and that your bank account will be empty from the legal costs? And are you concerned about your children’s mental and emotional health? In When Your Ex Doesn’t Follow the Rules, Maureen Doyle combines client success stories with powerful coaching techniques that will change your post-divorce combat zone into a place of peace.

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Book SynopsisProsecuted But Not Silenced is a powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse—a human rights and civil rights issue for women and children. It is an important educational tool for judges, lawyers, social workers, therapists, politicians, and the general public so that people realize what still occurs today. A National Health Crisis, Maralee’s story reveals the last taboo and a crime that needs the public's attention, and emphasizes the need for training in the dynamics of maltreatment so that no more mothers have to suffer what happened to Maralee and her daughter.

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Book SynopsisThe Lure of Hope portrays a snap shot of the rise and fall of commercial surrogacy in India. By chance, the author’s fieldwork began around the same time NSW legislation in Australia extended its ban on commercial surrogacy to include overseas arrangements. Not long after returning from fieldwork in India, the Home Ministry of India changed the conditions of entry for intending parents (IPs) traveling to India for a surrogacy arrangement. From November 2013 IPs would have to apply for a medical visa, and could only obtain a medical visa for surrogacy if they had been married for at least two years. In 2016 the Indian Surrogacy (regulation) Act was introduced, commercial surrogacy was banned and foreigners were no longer able to enter into surrogacy arrangements in India. India was the first among a trail of ‘pop up’ reproductive destinations including Thailand, Nepal, Mexico, Cambodia and Laos. This book captures a moment in the recent history of the emerging global ‘surroscape’. Alongside the detailed account of the experiences of parents and surrogate mothers the author offers a careful analysis of regulatory systems governing surrogacy and embryo use in Australia and India. With the authors archival research in the UK she further analyses the regulation of surrogacy with cross cultural comparison of the relatively longer history of surrogacy regulation in the UK. Reproductive technologies and the many options these create are ahead of the law and while the law struggles to keep up we have a rich field of investigation. What do different regulatory systems tell us about how we see society, children, women’s bodies, reproduction and fecundity, kinship and family formation?Trade ReviewThis is one of the first ethnographies to follow the hopeful journeys of intended parents seeking surrogacy overseas. This highly accessible book breaks down stereotypes of intended parents as they negotiate the Indian surrogacy industry to form families. Stockey-Bridge show sensitivity, sophisticated analysis and empathy with her informants. She offers an important perpesctive to our understanding of overseas surrogacy. -- Andrea Whittaker, professor of anthropology, ARC Future Fellow, and convenor at Monash UniversityDr Stockey-Bridge's research involving Australian adults undertaking commercial surrogacy arrangements in India, Indian surrogates and staff in Indian fertility clinics engaged in surrogacy arrangements provides a unique insight into international surrogacy in India. This book makes a significant contribution to existing knowledge and understanding of international commercial surrogacy practice, policy and legislation. -- Eric Blyth, emeritus professor at the University of HuddersfieldTable of ContentsPreface Acknowledgments Introduction Chapter 1: Genealogies of Transnational Commercial Surrogacy: Australia and India Chapter 2: Surrogates in India: Class and Social Context Chapter 3: The Intending Parents: the Narrow Pathways of IP Journeys Chapter 4: Finding the Clinic: Surrogate Recruitment Networks and the Saleable Body Chapter 5: Caretakers and Conversion: Caretaker Narratives Chapter 6: The Lure of Hope: Locating the Clinic and Finding Hope Chapter 7: The Rhetoric of Tragedy and the Experience of Disaster Chapter 8: Transnational Surrogacy, Kinship, Connectedness and the Gift Conclusion Terminology References Appendix About the Author

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Book SynopsisSeparating with Children 101 is an invaluable first source of legal know-how to help every separating or divorcing parent. This 3rd edition, previously know as '101 Questions Answered About Separating with Children', has been fully updated and includes how the new no-fault divorce legislation affects co-parenting, how The Language Project is changing how we talk about separation, and further emphasis on alternatives to court. With a Foreword by Sir Andrew McFarlane, President of the Family Division. The book is born out of the calls and enquiries received every day by OnlyMums & OnlyDads, a national not for profit support and signposting service for parents going through separation or divorce. It answers, in plain English, the questions they get asked most often and range from the immediate and practical, such as ‘Can I change the locks?’, through the strictly legal such as ‘What happens to my will on divorce?’, to some that are a bit of both such as ‘I have an abusive ex. Is mediation right for me?’ Each question has been answered by one of the mediators and solicitors on the OnlyMums & OnlyDads hand-picked panel of trusted advisers. This crowdsourced approach means the book is packed with relevant, trustworthy, time-saving information from some of the leading family mediators and solicitors in the country, and at a fraction of the cost of actually asking a lawyer. Alongside the legal help is an array of tips and insights on how to handle the psychological impact of separation, what it means for the children involved and where parents can turn for further help. The book could save readers hundreds of pounds by helping them understand the issues so they can make the most of any time (and money) spent on legal advice. More importantly it will help them get quick guidance and reassurance on often difficult and urgent issues leaving them more time to concentrate on pulling through what is a stressful, bruising period in their, and their children’s lives.

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Book SynopsisThis comprehensive and in-depth study on the understanding and interpretation of the child's right to survival and development provides a compact assessment of article 6(2) of the Convention on the Rights of the Child (CRC) in light of its drafting history, the reports of the Committee on the Rights of the Child and other relevant sources appropriate to the discipline of international human rights law.The author analyses the travaux prparatoires of the CRC and the academic work of some of its drafters. The book includes an interview with one of the drafters and explores the literature of the Committee on the Rights of the Child with respect to article 6(2) and how its understanding and interpretations of this article have developed over time. It examines the weaknesses and strengths in relation to the observations it has made and explores the legal effects of the Committee's classifications and makes suggestions for others as well.Importantly, the book also discusses the relationship between the right of the child to survival and development and his/her dignity. It provides an understanding of the child's physical, mental, spiritual, moral and cognitive development in the context of his/her right to survival and development. In addition, the author discusses various State obligations aiming at the enjoyment of the right to survival and development and also touches on global warming and its relationship with the right of the child to survival and development.The reader will gain an understanding of different approaches to the interpretation of human rights treaties in general, and attitudes towards the assessment of the work of the Committee on the Rights of the Child. He will also learn about the connection between the right to development and the economic and social rights of the child on the one hand, and the right of the child to survival and development on the other hand. Moreover, the book introduces the concept of comprehensiveness and individuality of the right of the child to survival and development and fundamentally argues that there is still more to add to the understanding and interpretations of article 6(2) of the CRC.Table of ContentsCO N T E N TS Acknowledgements ... v Introduction ... 1 Chapter 1. Historical Background ... 7 1. Introduction ... 7 2. The Concept of Development and the United Nations Convention on the Rights of the Child ... 8 2.1. Basic Facts ... 8 2.2. The International Year of the Child and Development ... 9 3. Modern I nter nat iona l Law and Recognition of the Right of the Child to Survival and Development Prior to the Adoption of the CRC ... 11 3.1. Documents that are Solely Concerned with the Rights of the Child ... 12 3.1.1. Declaration of Geneva (1924)... 12 3.1.2. 1959 United Nations Declaration of the Rights of the Child ... 13 3.2. Documents that are not Solely Concerned with the Rights of the Child ... 16 3.2.1. Non-Binding Document ... 16 3.2.2. Binding Documents ... 17 3.3. Other International and Regional Documents... 21 4. The Development of the Convention on the Rights of the Child ... 21 5. The Open-Ended Working Group... 25 6. Th e Drafting History of Article 6(2) on the Right of the Child to Survival and Development ... 27 6.1. First Steps ... 27 6.2. Reactions and Drafting Process ... 28 6.3. Final Drafting Process ... 33 7. The Role of the United Nations Children's Fund (UNICEF) in the Drafting of Article 6(2) ... 36 7.1. Participation of UNICEF at the Drafting Sessions ... 36 7.2. Child Survival and Development Revolution ... 39 8. The 1986 United Nations Declaration on the Right to Development and the Drafting of Article 6(2) on the Right of the Child to Survival and Development ... 42 8.1. Basic Facts about the Declaration on the Right to Development ... 42 8.2. DRD and the Drafting of Article 6(2) ... 43 9. Conclusion ... 45 Chapter 2. Current and Possible Interpretations of Article 6(2). Analytical Perspectives to the Work of the Committee on the Rights of the Child ... 47 1. Introduction ... 47 2. The Committee on the Rights of the Child ... 49 2.1. Main Features of the Committee's Interpretative Work ... 49 2.2. Main Framework of the Committee's Interpretation of Article 6(2) ... 50 2.3. Direct Consequences of the Committee's Framework for Article 6(2) ... 52 3. The Nature of the Committee on the Rights of the Child's Work ... 52 3.1. Interpretative Capacity of the Committee on the Rights of the Child ... 52 3.2. Other Duties of the Committee ... 56 3.3. Bases of Interpretation ... 57 3.4. Factors that Influence the Committee's Interpretations ... 62 4. The Reporting Mechanism ... 64 5. The Recommendations of the Committee on Article 6(2) ... 66 5.1. The Reporting Process ... 66 5.2. The Committee's Evolving Recommendations with regard to Article 6(2) ... 68 5.3. The Legal Status of Article 6(2) according to the Interpretation of the Committee on the Rights of the Child ... 70 6. Special Link with the Economic and Social Rights of the Child ... 72 6.1. Bases for Identifying Economic Social and Cultural Rights ... 72 6.2. Legal Status of Economic, Social and Cultural Rights within the CRC ... 73 6.3. Special Link between Article 6(2) and Some Specifi c Economic, Social and Cultural Rights ... 75 6.3.1. Special Link between Article 6(2) and Article 24 on the Right of the Child to Health ... 75 6.3.2. Special Link between Article 6(2) and Article 23 on the Rights of the Disabled Child ... 80 6.3.3. Special Link between Article 6(2) and Article 26 on the Ri ht of the Child to B fit f S i l S it 82 6.3.4. Special Link between Article 6(2) and Article 27 on the Right of the Child to an Adequate Standard of Living ... 85 6.3.5. Special Link between Article 6(2) and Article 33 on the Right of the Child to be Protected from the Use of Illicit Drugs ... 90 6.4. Consequences of Associating Article 6(2) with Economic, Social and Cultural Rights ... 91 7. Aspects of the Child's Development ... 91 7.1. Specific Developmental Domains ... 92 7.2. Interaction between Article 6(2) and Human Development ... 96 7.3. Difference between the Right to Development under Article 6(2) and other CRC Provisions ... 97 8. Legal and Conceptual Results of Clustering Article 6(2) as an Economic and Social Right of the Child ... 98 8.1. Legal Results ... 98 8.2. Conceptual Results ... 101 9. Possibility of other Classifications of Article 6(2)... 102 9.1. Right to Development ... 102 9.2. The Holistic Approach ... 105 9.3. Right to Development Aspects of Article 6(2) ... 108 10. Conclusion ... 110 Chapter 3. The Nature of Article 6(2) on the Sur vival and Development of the Child ... 113 1. Introduction ... 113 2. Article 6(2) as a General Principle: A Disputed Identity ... 114 2.1. Article 6(2) as a General Principle in the Jurisprudence of the Committee on the Rights of the Child ... 115 2.2. Main Features of the General Principles ... 116 2.2.1. General Principles Should Guide the State Legislation and Administrative Decisions ... 118 2.2.2. General Principles Should Guide National Judicial Decisions ... 119 2.2.3. The Implementation of the General Principles Should not be Dependent on Budgetary Resources ... 120 2.2.4. General Principles Should be Realised at both de jure and de facto Levels ... 120 2.2.5. Implementation of the General Principles Should Lead to the Effective Implementation of Children' Rights ... 121 3. Equality of the 'General Principles of the CRC' ... 122 4 Is A ti le 6(2) a G l P i i l f a 'Sp i l N t '? 124 5. Article 6(2) as a Right ... 130 6. The Survival and Development of the Child as an Aim of the Convention ... 135 6.1. Specific Examples on Article 6(2) as an Aim ... 137 7. Article 6(2) as a Quality-Control Factor ... 138 8. Conclusion ... 140 Chapter 4. The Survival and Development of the Child and the Child's Human Dignity ... 141 1. Introduction ... 141 2. Understanding Human Dignity ... 142 2.1. Importance of the Universal Concept of Human Dignity ... 142 2.2. Human Dignity as a Living Concept within Various Religious, Cultural, Ideological, Social and Legal Backgrounds ... 144 2.3. Significance of Human Dignity in the Context of this Chapter ... 145 2.4. Definition of Human Dignity ... 145 2.5. Features of Human Dignity ... 146 3. The Responsibility of the State to Protect the Human Dignity of the Child ... 148 4. Human Dignity in International Law and National Constitutions ... 150 5. Dignity and the Convention on the Rights of the Child ... 153 5.1. General Features of Dignity ... 153 5.2. Human Dignity under the Convention ... 155 5.3. Human Dignity and the Participation Principle ... 156 5.4. Human Dignity and the Evolving Capacity Principle ... 157 5.5. Human Dignity and the Best Interest Principle ... 158 5.6. Other Aspects of Human Dignity within the CRC ... 158 6. The Human-Dignity Principle and Article 6(2) of the CRC: the Aim and the Criterion ... 159 6.1. Human Dignity and the Right of the Child to Survival and Development: the Criterion ... 160 6.1.1. Human Dignity Criterion: Right to Survival and Development and Right to Life ... 161 6.2. Human Dignity and the Right of the Child to Survival and Development: the Aim ... 163 7. Human Dignity and Article 6(2) in its Capacity as a General Principle ... 165 7.1. Child's Dignity, General Principle of Survival and Development and CRC Provisions that Make E li it Ref to 'Di it ' 165 7.2. Child's Dignity, General Principle of Survival and Development and CRC Provisions that do not Make Explicit Reference to 'Dignity' ... 167 7.2.1. Child's Dignity, General Principle of Survival and Development, Exploitation of Children ... 167 7.2.2. Child's Dignity, General Principle of Survival and Development and Harmful Traditional Practices ... 169 8. Case Study on Human Dignity of the Child and Corporal Punishment ... 172 8.1. Introduction ... 172 8.2. Parental Rights and Corporal Punishment ... 173 8.3. Views of Human Rights Bodies ... 175 8.3.1. View of the Committee on the Rights of the Child on Corporal Punishment ... 175 8.4. Final Remarks ... 178 9. Case Study: Human Dignity and Juvenile Justice... 178 9.1. Introduction ... 178 9.2. General Observations on the Interconnectedness of Child's Dignity and Juvenile Justice ... 179 9.3. Juvenile Justice under International Human Rights Law ... 180 9.4. Child's Dignity and Training of Personnel of Law Enforcement Agencies ... 181 9.5. Deprivation of Liberty and the Child's Dignity ... 182 10. The Relationship between Human Dignity and Article 6(2) in its Capacity as an Economic, Social and Cultural Right of the Child (Basic Health and Welfare Right) ... 184 10.1. The Provision of Health and Other Well-Being Services should Reflect the Human Dignity of the Child both as a Criterion for Quality and as an Aim ... 186 10.2. Significance of the 'Dignity' Foundations of the Child's Economic, Social and Cultural Rights ... 189 10.3. Interaction between the Right to Survival and Development (Article 6(2)), Right to Life (Article 6(1)) and the Child's Dignity ... 190 11. Conclusion ... 191 Chapter 5. Who is Responsible? The Obligation of the State Party to Create Measures and Conditions Necessary for the Survival and Development of the Child ... 193 1. Introduction ... 193 2 I t f I sing Obligati n the St te Pa t 195 2.2. State Obligations and the International Human Rights System ... 196 3. Ways of Identifying the Obligations of the State Party under Article 6(2) ... 198 4. Various Methods for Implementing Article 6(2) ... 200 4.1. The 'Holistic Approach' to the Implementation of the Convention ... 200 4.2. Interdependence of Different Kinds of Rights as a Method for Implementing Article 6(2) ... 200 4.3. The General Principle Capacity and Interpretative Capacity of Article 6(2) ... 202 5. The Standards of 'to the Maximum Extent Possible' and 'to the Maximum Extent of their Available Resources' ... 203 5.1. The Standard of 'to the Maximum Extent Possible' ... 203 5.2. The Standard of 'to the Maximum Extent of their Available Resources' ... 204 5.3. Comparison of the Standard of 'to the Maximum Extent Possible' and the Standard of 'to the Maximum Extent of their Available Resources' ... 205 5.4. Comparison of the Standard of 'to the Maximum Extent Possible' and the Standard of 'to the Maximum of their Available Resources' in the Context of Specific Obligations of the State ... 208 6. The Obligation to 'Ensure' to the Maximum Extent Possible the Survival and Development of the Child and Other Obligations of the State ... 211 6.1. The Obligation to Ensure ... 211 6.2. The Obligation to Ensure in the Context of the Obligations of Conduct and Obligation of Result ... 213 6.3. The Obligation to Ensure in the Context of the 'Obligation Approach' and the 'Enjoyment Approach' ... 214 7. Specific Features of the Obligation to 'Ensure' ... 215 8. The Responsibility of the State to Create Suitable Various Measures and Conditions for the Survival and Development of the Child ... 219 9. Types of Obligations in relation to Particular Rights ... 224 10. Specific Obligations under Article 4 of the CRC ... 226 10.1. Obligations of the State Party in relation to Legislation ... 226 10.2. Administrative Obligations of the State Party under Article 4 of the CRC ... 232 10.2.1. Budgetary Allocations... 232 10.2.2. State Party Policies ... 236 10.3. Other Obligations of the State Party under Article 4 10.3.1. Obligation for Data Collection ... 241 10.3.2. Obligation to Raise Awareness ... 243 10.3.3. Obligation to Identify the Factors that Impede the Implementation of the Convention ... 244 10.3.4. Obligation to Conduct Research and Studies ... 245 10.3.5. Obligation of the State to Monitor the Implementation of the Convention ... 246 11. Conclusion ... 246 Chapter 6. Case Studies on Article 6(2) ... 249 1. Introduction ... 249 2. First Case Study: Climate Change and the Right of the Child to Survival and Development ... 250 2.1. Individuality and Independence of the Right of the Child to Survival and Development ... 250 2.2. Relevant Scientific Facts ... 250 2.3. Causes of Climate Change ... 253 2.4. Climate Change Extremes, Vulnerability and Exposure ... 253 2.5. Adaptation ... 254 2.6. Formulation of a Child's Rights (Right to Survival and Development) Approach to Climate Change ... 258 2.7. Possible Child's Rights Approach towards Developed States... 261 2.8. International Cooperation and Climate Change ... 263 2.9. Human Rights Approaches to Adaptation Options... 265 2.9.1. Specific Adaptation Options for the Survival and Development of the Child ... 265 2.10. Some Difficulties in the Path of the Human Rights Approach . . 265 2.10.1. Litigation and Climate Change ... 265 2.10.2. The Concept of 'Climate Migrants' ... 266 2.10.3. The Rights of Future Generations ... 267 2.11. Conclusion ... 268 3. Second Case Study: Breastfeeding and the Right of the Child to Survival and Development ... 269 3.1. Introduction ... 269 3.2. Formulation of a Rights-Based Approach to Breastfeeding ... 270 3.3. Interaction between the Responsibility of the State and the Responsibility of the Parents ... 274 3.4. Conclusion ... 276 Conclusion ... 277 3. The Independent Article 6(2) ... 278 4. Multi-Identities ... 279 5. Interaction with the Concept of Human Dignity ... 280 6. Special Reference to 'Obligations of the State' within Article 6(2)... 280 7. Suggested Future Research ... 281 Bibliography ... 283 Offi cial Documents... 289

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Book SynopsisAlthough recent family law debates have been predominantly paedo-centric, the founding of "bio-medically assisted families" still focuses on the individual parents' rights to reproduce. By introducing donations, the donor's genetic contribution becomes instrumental and the legal attribution of parenthood negotiated through expressed intentions. The absence of a genetic, social and legal father can only occur in single women's conceptions by choice, hence calling into question the role of the societal father.This neglects the future child's voice in private and family life issues on at least two levels: informational (lacking information about origins, often related to personal identity) and legal and functional (care provided by both parents). It furthermore emphasises the inconsistency in the treatment of "naturally" and "artificially" conceived children since the latter have restricted access to parental judicial proceedings.The conflicts between individuals in the family go beyond national family laws and become a matter of reconciling progenitors' and children's human rights. Yet the discrepancies between different civil law jurisdictions are remarkable. In addition, the sensitivity of the filiation of children conceived by sperm donation to single women requires more than legal solutions it requires an interdisciplinary approach encompassing ethics, psychology, anthropology and sociology. Moreover, by arguing and suggesting solutions the issue also becomes political. Hence, this book provokes the curious minds of lawyers, ethicists, physicians, bio-technologists and those assisting and wishing to found families. It clarifies concepts, studies the rationale behind the legal complexity in ten national European jurisdictions, and confronts the rights and responsibilities of the stakeholders, providing a balanced independent conclusion and suggestions towards international harmonisation.

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Book SynopsisThere has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of equally shared care (co-parenting) and the feasibility of legal arrangements in which the children alternate their residence between their parents' houses (residential co-parenting). Much is unclear about how residential co-parenting affects children and therefore how the legislator and practitioners should deal with this arrangement.Divided Parents, Shared Children seeks to answer three questions to further understand the phenomenon of co-parenting and to provide the legislator, the courts and parents with possible solutions: What kind of legal framework exists in England and Wales, the Netherlands and Belgium with regard to (residential) co-parenting and what can these countries learn from each other's legal systems? Does residential co-parenting occur in the countries discussed, and if so how predominant is it? Should these jurisdictions encourage or discourage residential co-parenting through legal action? To answer these questions, this book uses not only legal data, from both empirical and literature research, but also sociological, psychological and demographic studies into residential arrangements and their effect on children.

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Book SynopsisThe Child's Interests in Conflict addresses one of the most pressing issues of any multicultural society, namely the conflicting demands on children from minority groups or children born to parents of different cultural or religious backgrounds. What the family considers to be in the child's best interests and welfare in the studied situations is not shared by society at large. Each guided by faith, culture and tradition, society views the child to be exposed to a significant harm or risk of harm if certain traditions are followed, whereas in contrast the parents believe that their child is harmed or in harm's way if that tradition is not respected.Focusing primarily on Europe, the contributions in this book, written by internationally leading experts and with a interdisciplinary element, address situations of conflict regarding the child's upbringing and education in general, the shaping of the child's cultural or faith-based identity, underage marriages, circumcision of boys, the role of faith and culture in society's placements of children outside the care of their family, and the role of faith in cross-border child abduction and disputes over parental responsibilities. Attention is paid to the case law of the European Court of Human Rights and to less well-known national case law, as well as to recent national legislation, all of which show not only the complexity of the issues discussed but also the differing ways multicultural challenges are dealt with.The authors strive to answer, inter alia, how legal systems should navigate between the competing claims and conflicting interests without forgetting the main person to be protected, namely the child; and how the scope of tolerance, recognition and autonomy should be defined.Table of ContentsCO N T E N TS Preface ... v List of Authors ... ix The Child in the Intersections between Society, Family, Faith and Culture Maarit Jantera-Jareborg ... 1 1. Introduction ... 1 2. Focus on Europe and the Nordic States - but with Global Implications... 4 3. How Human Rights Instruments Tackle the Child's Confl icting Interests ... 8 4. The Child's Right to Religious Identity ... 14 5. Navigating between Parents' Convictions and the State's Interest in Equal Education for All ... 15 6. Removal of Children from Parental Care... 18 7. Protecting Children from Marrying ... 21 8. Circumcision of Boys: What is at Stake?... 24 9. Cooperation Instead of Confrontation: the Malta Process ... 28 10. The Child as the "Sacrificial Lamb" to Society, Family, Religion and Culture ... 30 Born or Becoming: Children, Religion and Identity Jane Mair ... 31 1. The Badge of Identity ... 31 2. Identity Rights ... 34 3. The Situated Child: the Best and the Least ... 39 4. Identifying Relationships: a Case Study ... 49 5. The Limits of Labelling ... 53 State Curriculum and Parents' Convictions under the European Convention on Human Rights Sanna Mustasaari and Sanna Koulu ... 55 1. Travelling with Children in Strasbourg ... 55 2. Religion and Education: Between Parental and State Authority ... 56 Intersentia vii Contents 3. The European Court on a Tightrope between the State and the Parents? ... 60 4. Exemption from Education in National Laws ... 64 5. Best Interests of the Child: from Universal Rules to Particular Contexts and Back? ... 66 6. Child's Freedom of Religion or Parents' Convictions?... 69 7. Planning Future Travels ... 71 Care Placements of Children Outside their Parental Home - Concerns of Culture Sanne Hofman and Kirsten Sandberg ... 73 1. Introduction ... 73 2. The Law ... 75 3. Cultural Background in the Consideration of Serious Neglect ... 77 4. Refugee Children ... 77 5. Physical Violence ... 78 6. The Best Interests Assessment ... 79 7. The Placement ... 80 8. Overall Evaluation ... 83 Child Marriages and the Law - with Special Reference to Swedish Developments Goran Lambertz ... 85 1. Introduction ... 86 2. Some Points of Departure ... 88 3. Legislation or Not? ... 92 4. No Possibility of Exceptions to Marriage Age? ... 100 5. Criminalisation? ... 102 6. How Should We Counteract Negative Effects? ... 109 7. Closing Remarks ... 110 Circumcision of Young Boys: A Conflict between Parental and Child Rights. The Swedish Experience from a Medical Point of View Staffan Janson ... 111 1. Introduction ... 111 2. The Practice and its Historic Background ... 113 3. The Swedish Situation ... 115 4. The 2012 Statement by the American Pediatric Academy ... 119 5. The Statement of the Scandinavian Ombudsmen ... 123 6. Conclusion... 124 viii Intersentia Contents The Body as Identity Marker. Circumcision of Boys Caught between Contrasting Views on the Best Interests of the Child Marie-Claire Foblets ... 125 1. Introduction ... 126 2. Different Perspectives Associated with the Appraisal of Child Care, Identity and Personhood ... 142 3. Some Personal Reflections by Way of a Conclusion ... 161 Malta Process and Cross-Cultural Aspects in Family Disputes Louise Ellen Teitz ... 163 1. Introduction: the Challenges of Cross-Border Family Relationships ... 163 2. Discussion ... 167 3. Conclusion... 180 The Child as the "Sacrificial Lamb" to Society, Family, Religion and Culture. A Comment Esin Orucu ... 185 Annex ... 187 Index... 201 Intersentia

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Book SynopsisFamilies in Europe are increasingly shaped by the mobility of persons and multicultural backgrounds. This book is focusing on the protection of children in cross-border situations. What are the fundamental rights of children in transnational families, what is in their ‘best interest’, and how can their rights be safeguarded? There is much controversy on these rights and the accompanying uncertainty has resulted in considerable practical difficulties for those trying to implement them. In order to provide a clearer scope and insights into the nature of children’s fundamental rights and their best interests, this book examines solutions provided by both EU and international law to the questions raised by the increasing incidence of transnational families as regards the protection of minors. It covers both substantive and conflict-of-laws rules. Differences in the substantive family laws of Member States still prevent an effective protection of the child or its family unit. This includes cases of migration, asylum, forced marriage, kafalah, but also rainbow families. Further, the role of human rights (mutual recognition of status and surrogacy agreements, adoption) and procedural rights (child abduction, Brussels II bis recast) in cross-border cases must be considered carefully. Fundamental Rights and the Best Interest of the Child in Transnational Families is a timely work on the implementation of the child’s interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.Trade Review'The book [...] provides much-needed analysis on the topic of implementing children's rights and best interests in the EU and covers an impressive breadth of the most relevant topics emerging from the rapid internationalisation of family law.' -- Aoife Daly, International Journal of Law, Policy and The Family, 2021Table of ContentsTHE IMPACT OF HUMAN RIGHTS AND OF THE BEST INTERESTS OF THE CHILD ON EU FREE MOVEMENT AND MIGRATION LAW Human Rights of Children in the EU Context: Impact on National Family Law (p. 3) Protecting EU Citizen Minors’ Right to Identity in the Transnational Family Context (p. 21) The Best Interests Principle’s Impact on Decisions Concerning Asylum-Seeking and Refugee Children (p. 39) Human Rights and the Best Interests of the Child in European Family Reunifi cation Law (p. 55) Rainbow Families and EU Free Movement Law (p. 75) Kafala and Family Reunifi cation of Third-Country Nationals (p. 97) Against a Girl’s Will: Child Marriages, Immigration and the Directive on Family Reunifi cation (p. 115) THE BEST INTERESTS OF THE CHILD AS A CONCERN OF HUMAN RIGHTS AND EUROPEAN PRIVATE INTERNATIONAL LAW The Place of Human Rights in the Private International Law of the Union in Family Matters (p. 141) The Best Interests of the Child Principle at the Intersection of Private International Law and Human Rights (p. 157) Recognition of a Foreign Status Filii: Pursuing the Best Interests Principle (p. 171) Surrogacy Arrangements and the Best Interests of the Child:The Case Law of the European Court of Human Rights (p. 187) Cross-Border Recognition of Adoption: Rethinking Private International Law from a Human Rights Perspective (p. 209) Protecting Children’s Rights after Child Abduction: The Interaction of the CJEU and ECtHR in Interpreting Brussels II bis (p. 225) Cross-Border Parental Child Abduction in the EU: Is there Room for a Human Rights Exception? (p. 243) Impact of the Best Interests of the Child on the Brussels II ter Regulation (p. 265) Provisional Measures and the Best Interests of the Child in the Field of Parental Responsibility (p. 287)

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Book SynopsisThis book explores and challenges common assumptions about gender, conflict, and post-conflict situations. It critically examines the gendered aspects of international and transitional justice processes by subverting traditional understandings of how wars are waged, the power dynamics involved, and the experiences of victims. The book also highlights the gendered stereotypes that underpin the (mis)perceptions about gender and war in order to reveal the multi-dimensional nature of modern conflicts and their aftermaths.Featuring contributions from academics in law, criminology, international relations, politics and psychology, as well as legal practitioners in the field, Gender and War offers a unique and multi-disciplinary insight into contemporary understandings of conflict and explores the potential for international and transitional justice processes to evolve in order to better acknowledge diverse and gendered experiences of modern conflicts.This book provides the reader with international and interdisciplinary perspectives on issues of international law, conflict, gender and transitional justice.

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Book SynopsisA range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

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Book SynopsisIn Unsafe Home: Child Harming within the Family, Limor Ezioni focuses on the three major types of child harming within the family—abuse, incest, and filicide—and provides an in-depth exploration of each type historically, legally, and comparatively. In the first part, focusing on abuse executed on children, Ezioni addresses both physical and emotional abuse, discussing what constitutes child abuse, how it should be punished, and whether any damage caused to a child is prosecutable by law. In the second part of the book, Ezioni examines childhood incest, focusing on adult survivors and the multitude of legal problems they face while attempting to pursue justice through the legal system and questioning whether the current legal and criminal provisions provide sufficient protection for survivors. In the final section of the book, Ezioni examine the filicide phenomenon and how the judicial system in western countries deals with the painful reality that reflects the society in which it occurs—filicide is often carried out by parents who are unable to function as a parent in circumstances dictated by the place and time in which they live. Scholars of legal studies, family studies, criminology, and sociology will find this book particularly useful. Table of ContentsAcknowledgmentsPart 1: AbuseChapter 1: Aspects of AbuseChapter 2: Social FactorsChapter 3: Preventing AbuseChapter 4: The Role of the LawChapter 5: Comparative LawChapter 6: The Aftermath of AbusePart 2: IncestChapter 7: The Social-Cultural Background to the Prohibition on IncestChapter 8: The Prohibition on Incest: Rationales and DevelopmentsChapter 9: The Psychological-Legal Background of IncestChapter 10: The Contribution of the Feminist MovementChapter 11: Incest in Common Law and in American LawChapter 12: Late Reporting and Delay in Filing a Complaint Chapter 13: Legal Solutions to the Problem of the Limitation Period Chapter 14: The Legal Status of Reconstructed Repressed Trauma MemoriesPart 3: FilicideChapter 15: Historical BackgroundChapter 16: The Protected ValuesChapter 17: NeonaticideChapter 18: InfanticideChapter 19: FilicideChapter 20: Safe Haven StatutesChapter 21: A Look to the Future: Proposals for Detection and PreventionBibliographyIndexAbout the Author

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Book SynopsisBringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars. Table of ContentsPart I: Intimate Relationships: Examining the Laws and Norms of Adult Relationships across theGlobeChapter 1: Nonmarital Norms by Naomi Cahn and June CarboneChapter 2: New Models of Registered Partnership Reform: Embracing Family RecognitionBeyond Marriage? by Andy HaywardChapter 3: Recognition of Islamic Marriages in the UK: Continuity of Marriage Status or Non-Existent Marriages? by Michael Wells-GrecoChapter 4: Norms of Muslim Marriage and Divorce: The Evolution of Algerian Family LawThrough the Examples of Matrimonial Guardianship and Consent to Marriage by NahasMahieddinPart II: Parents: Analyzing Global Norms of Parenting and Their Intersection with Child RightsChapter 5: Establishing New Permanent Family Relationships in United States and Nordic ChildProtection Systems by Josh Gupta-KaganChapter 6: Separation and Connectedness: Global Norms of Open v. Closed Adoption byMalinda SeymoreChapter 7: Post-Divorce Parental Norms in the Age of Fake News and Discursive Violence:Israeli Case in a Comparative Context by Daphna HackerChapter 8: Homeschooling by Elizabeth BartholetPart III: Children: Situating the Child within the Legal System and Global NormsChapter 9: Global Norms in the Context of Corporal Punishment against Children by Melissa L.Breger, Lucy Sorensen, Victor Asal, and Charmaine N. WillisChapter 10: Structural Violence as a Driver of Interpersonal Violence against Children: MissedConnections in the Convention on the Rights of the Child and English Law by JessicaLynn CorsiChapter 11: Children’s Voices in Family Law Proceedings in Australia, the United Kingdom,New Zealand and Canada by Michelle FernandoChapter 12: Educational Norms as They Relate to Disabled Children across the Globe by MarkHenaghanPart IV: Culture: Comparing the Norms, Themes and Legal Structures of Family Law across theGlobeChapter 13: A Child’s Right to Know Their Genetic Origins? A Comparative Analysis ofApproaches to Donor Linking by Fiona KellyChapter 14: Transgender Family Rights Issues and Concerns: A Comparative Legal Analysis ofAsia and Europe by Yeshwant NaikChapter 15: The Place of Normative Pluralism in the Family Laws: Family and Marital Union inEthiopia by Sileshi Bedasie HirkoChapter 16: Imperfect Families: Preserving Family Unity and Communities in South Africa andthe United States by Deseriee Kennedy

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Book SynopsisThe removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents’ overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being “unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them.”This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingly remained silent about their experiences. Identifying the structural barriers to Aboriginal mothering in the Stolen Generations era, the author examines how contemporary laws, policies and practices increased the likelihood of Aboriginal child removal and argues that negative perceptions of Aboriginal mothering underpinned removal processes, with tragic consequences. This book makes an important contribution to understanding the history of the Stolen Generations and highlights the importance of designing inclusive truth-telling processes that enable a diversity of perspectives to be shared.Table of ContentsChapter 1: Motherhood, Truth-Telling and the Bringing Them Home InquiryChapter 2: Untold Suffering? Motherhood and SilenceChapter 3: ‘To the Exclusion of the Rights of the Mother’: The Impact of Aboriginal ‘Protection’ LegislationChapter 4: ‘Strange Anomalies’: Limitations on Aboriginal Mothers’ Access to Social SecurityChapter 5: ‘Forcible Removal Through Employment’: The Impact of the Requirement to Work on Aboriginal MothersChapter 6: Monitored Motherhood: The Impact of State Surveillance and the Threat of Intervention in Aboriginal FamiliesChapter 7: ‘Sitting in Judgement’? Views About Aboriginal MotheringChapter 8: For Their Own Good? Diverse Perspectives on Aboriginal Child RemovalChapter 9: Beyond Silence: Aboriginal Mothers’ Experiences of Children Removal in the Stolen Generations Era

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Book SynopsisThe removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents’ overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being “unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them.”This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingly remained silent about their experiences. Identifying the structural barriers to Aboriginal mothering in the Stolen Generations era, the author examines how contemporary laws, policies and practices increased the likelihood of Aboriginal child removal and argues that negative perceptions of Aboriginal mothering underpinned removal processes, with tragic consequences. This book makes an important contribution to understanding the history of the Stolen Generations and highlights the importance of designing inclusive truth-telling processes that enable a diversity of perspectives to be shared.Trade ReviewThis is a moving and thoughtful investigation into the absence of the voices of Aboriginal mothers before the Australian Human Rights Commission inquiry, reported in 1997 as Bringing Them Home. Have Aboriginal mothers been silent because of the intense pain of their loss, as many have understandably thought? Or have some chosen to be silent? If they have chosen silence, why did they do so? Have the burdens of child removal policies fallen most heavily on women, both as removed children and as mothers? Is their silence always the outcome of oppression? Or might silence be a site of resistance and a strategy to wrest back control? What Anne Maree Payne learns from interviewing Aboriginal mothers, from Aboriginal autobiographies and, indirectly, from the testimonies in the Report, deepens our understanding of the tragedy of colonialism for women and men across the Aboriginal community. At the same time, the book demands hard questions about the limits of restorative justice and rights-based advocacy; about the strengths but also the costs of ‘speaking out’. Yet there are stories of hope too – mothers, families and removed children who find some peace and justice when they find each other. There have been some conditions in Australia and internationally where mothers have felt able to speak. The voices of the Aboriginal mothers in this book demand deep listening. -- Heather Goodall, Professor Emerita, University of Technology SydneyThis heart-breaking and compelling book illuminates the experiences of Aboriginal mothers in the history of the Stolen Generations. Payne exposes fault lines in the production of knowledge that we have about this long episode in Australia’s past – the cost of speaking, the price of silence and the limited terms on which non-Indigenous Australia has engaged with it. In exposing these fault lines and bringing Aboriginal mothers’ accounts of coercive child removal into the foreground, the texture of our understanding of the Stolen Generations is greatly enriched. -- Catherine Kevin, Flinders UniversityTable of ContentsChapter 1: Motherhood, Truth-Telling and the Bringing Them Home InquiryChapter 2: Untold Suffering? Motherhood and SilenceChapter 3: ‘To the Exclusion of the Rights of the Mother’: The Impact of Aboriginal ‘Protection’ LegislationChapter 4: ‘Strange Anomalies’: Limitations on Aboriginal Mothers’ Access to Social SecurityChapter 5: ‘Forcible Removal Through Employment’: The Impact of the Requirement to Work on Aboriginal MothersChapter 6: Monitored Motherhood: The Impact of State Surveillance and the Threat of Intervention in Aboriginal FamiliesChapter 7: ‘Sitting in Judgement’? Views About Aboriginal MotheringChapter 8: For Their Own Good? Diverse Perspectives on Aboriginal Child RemovalChapter 9: Beyond Silence: Aboriginal Mothers’ Experiences of Children Removal in the Stolen Generations Era

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