Children, autonomy and the courts : beyond the right to be heard / by Aoife Daly.
2018
K639 .D35 2018 (Mapit)
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Details
Author
Title
Children, autonomy and the courts : beyond the right to be heard / by Aoife Daly.
Imprint
Leiden ; Boston : Brill Nijhoff, [2018]
Description
xvii, 449 pages ; 25 cm.
Series
Stockholm studies in child law and children's rights ; v. 3.
Formatted Contents Note
Preface
A child-friendly summary
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
The 'liberal ideal ': autonomy, capacity and the adult/child divide
Ensuring good processes for children through respect for autonomy
'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
Autonomy support : embedding the children's autonomy principle in good systems
Conclusion.
A child-friendly summary
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
The 'liberal ideal ': autonomy, capacity and the adult/child divide
Ensuring good processes for children through respect for autonomy
'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
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 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 powerful call for a reconceptualisation of the status of children in a key area of children's rights.
Note
Based on the 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.
In this book Aoife Daly argues that where courts decide children's best interests (for example about parental contact) the 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 powerful call for a reconceptualisation of the status of children in a key area of children's rights.
In this book Aoife Daly argues that where courts decide children's best interests (for example about parental contact) the 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 powerful call for a reconceptualisation of the status of children in a key area of children's rights.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Available in Other Form
Online version: Daly, Aoife. Children, autonomy and the courts. Leiden ; Boston : Brill Nijhoff, 2018
Call Number
K639 .D35 2018
Language
English
ISBN
9789004355811 (hardcover alkaline paper)
9004355812 (hardcover alkaline paper)
9789004355828 (e-book)
9004355812 (hardcover alkaline paper)
9789004355828 (e-book)
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