Children, autonomy and the courts : beyond the right to be heard / by Aoife Daly.
2018
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Items
Details
Author
Title
Children, autonomy and the courts : beyond the right to be heard / by Aoife Daly.
Imprint
Leiden ; Boston : Brill Nijhoff, 2018.
Description
1 online resource (xvii, 449 pages) : illustrations.
Series
Stockholm studies in child law and children's rights ; 3.
Human Rights and Humanitarian Law E-Books Online, Collection 2018, ISBN ; 9789004353312.
Human Rights and Humanitarian Law E-Books Online, Collection 2018, ISBN ; 9789004353312.
Formatted Contents Note
Front Matter
Contents
Foreword
Preface
Introduction: Children, Autonomy and the Courts: Beyond the Right to be Heard
A Proposal: Replace the 'Right to be Heard' with a 'Children's Autonomy Principle'
The Children's Autonomy Principle and the Best Interest of the Child
Chapter 3: The 'Liberal Ideal': Autonomy, Capacity and the Adult/Child Divide
Chapter 4: Ensuring Good Processes for Children through Respect for Autonomy
Chapter 5: 'Weighing' Views: The Right to be Heard Does Not Allow Children to Sufficiently Influence Outcomes
Putting the Autonomy Principle into Practice: Moving from a Focus on 'Competence' to One on Significant Harm
Chapter 7: Autonomy Support: Embedding the Children's Autonomy Principle in Good Systems
Conclusion.
Contents
Foreword
Preface
Introduction: Children, Autonomy and the Courts: Beyond the Right to be Heard
A Proposal: Replace the 'Right to be Heard' with a 'Children's Autonomy Principle'
The Children's Autonomy Principle and the Best Interest of the Child
Chapter 3: The 'Liberal Ideal': Autonomy, Capacity and the Adult/Child Divide
Chapter 4: Ensuring Good Processes for Children through Respect for Autonomy
Chapter 5: 'Weighing' Views: The Right to be Heard Does Not Allow Children to Sufficiently Influence Outcomes
Putting the Autonomy Principle into Practice: Moving from a Focus on 'Competence' to One on Significant Harm
Chapter 7: Autonomy Support: Embedding the Children's Autonomy Principle in Good Systems
Conclusion.
Summary
In this book Aoife Daly argues that where courts decide children's best interests (for example about parental contact) the UN Convention on the Rights of the Child's \'right to be heard\' is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children's autonomy principle, respecting children's wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children's rights.
Note
Includes index.
Based on author's thesis (doctoral - Trinity College (Dublin, Ireland) School of Law, 2011) issued under title: The international legal right of children to be heard in civil Law proceedings affecting them.
Based on author's thesis (doctoral - Trinity College (Dublin, Ireland) School of Law, 2011) issued under title: The international legal right of children to be heard in civil Law proceedings affecting them.
Source of Description
Description based on print version record and CIP data provided by publisher; resource not viewed.
Location
www
Available in Other Form
Print version: Daly, Aoife, author. Children, autonomy and the courts Leiden ; Boston : Brill Nijhoff, 2018
Access Note
Available to subscribing member institutions only.
Linked Resources
Alternate Title
Brill Human Rights and Humanitarian Law E-Books Online Collection
Language
English
ISBN
9789004355828 (electronic book)
9789004355811 (print)
9789004355811 (print)
Record Appears in