scholarly journals Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis

2020 ◽  
Vol 28 (3) ◽  
pp. 666-688
Author(s):  
Brian Sloan
Keyword(s):  
Comparative Analysis ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
Article 5

Abstract This paper considers the involvement of fathers in decisions about adoption, particularly in circumstances where a mother resists such involvement. It is largely a response to the work of Jill Marshall, who has argued strongly in favour of anonymous birth and adoption for children (without involvement of their fathers) as a choice that can be validly exercised by mothers. The paper argues that Marshall’s views are not obviously consistent with the requirements of Article 5 of the UN Convention on the Rights of the Child, requiring states to ‘respect the responsibilities, rights and duties of parents … to provide … appropriate direction and guidance’ in the child’s exercise of her rights.

scholarly journals Do Parents Know Best?

2020 ◽  
Vol 28 (3) ◽  
pp. 613-631
Author(s):  
John Eekelaar
Keyword(s):  
Public Expenditure ◽  
Best Interests ◽  
Legal Aid ◽  
Rights Of The Child ◽  
The Law ◽  
Court Involvement ◽  
Best Interests Standard ◽  
Article 5 ◽  
Children's Interests

Abstract While Article 5 of the UN Convention on the Rights of the Child requires states to respect parents’ responsibilities to provide ‘appropriate’ direction and guidance to their children, Article 18 also proclaims that ‘the best interests of the child will be [the parents’] basic concern’. But how can this be done if, as is widely accepted, the “best interests” standard is too indeterminate safely to allow courts to substitute their assessment of children’s interests for those of a child’s parents? This reason for privatising such decisions has been reinforced by concerns over the extent of public expenditure on court involvement in and legal aid for such issues, with the possible result of withdrawal of the law from this process. This article argues that there are inherent risks in leaving the arrangements for children of separating parents entirely in the hands of the parents, and considers various ways in which such risks might be reduced.

scholarly journals Children with learning disabilities and their participation in judicial procedures – what can disability advocacy offer?

2017 ◽  
Vol 22 (1) ◽  
pp. 10-15 ◽  
Author(s):  
Gábor Petri
Keyword(s):  
Human Rights ◽  
Learning Disabilities ◽  
Design Methodology ◽  
Access To Justice ◽  
Self Advocacy ◽  
Persons With Disabilities ◽  
Content Type ◽  
Rights Of The Child ◽  
Judicial Procedures ◽  
Article 5

Purpose The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”. Design/methodology/approach This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures. Findings Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities. Originality/value Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy.

“Evolving Capacities” and “Parental Guidance” in The context of Youth Justice

2020 ◽  
Vol 28 (3) ◽  
pp. 500-520
Author(s):  
Ursula Kilkelly
Keyword(s):  
Parental Support ◽  
Criminal Responsibility ◽  
Children's Rights ◽  
Children’S Rights ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Parental Guidance ◽  
The Law ◽  
Role Of Parents ◽  
Article 5

Abstract Article 5 of the United Nations Convention on the Rights of the Child (uncrc) is a pivotal children’s rights provision, which recognises the ‘responsibilities, rights and duties of parents’ to provide ‘appropriate direction and guidance’ to the child in the exercise of his/her rights, in a manner consistent with ‘the evolving capacities of the child’. Underpinning children as holders of rights, Article 5 bridges the gap between children who require parental support to exercise their rights and those who are capable of exercising them on their own behalf. There has been limited consideration of Article 5 to date and even less in specific contexts like juvenile justice. The uncrc has particular relevance to children in conflict with the law where issues of criminal responsibility, capacity and the role of parents are central. This article explores the application of Article 5 by querying the relevance of the principle of “evolving capacities” to children in conflict with the law and to the exercise of children’s rights in the criminal justice system. It considers what role, if any, ‘the responsibilities, rights and duties’ of parents have in such proceedings while addressing, more generally, whether Article 5 adds value to the child’s rights approach to youth justice.

New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child

2020 ◽  
Vol 28 (3) ◽  
pp. 588-612
Author(s):  
Mark Henaghan
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Case Studies ◽  
Family Members ◽  
Central Theme ◽  
Rights Of The Child ◽  
Unique Identity ◽  
United Nations Convention ◽  
International Instruments ◽  
Article 5

Abstract Article 5 of the UN Convention on the Rights of the Child recognises the importance of parents and wider family members in ensuring that children are given appropriate directions on their rights in the UN Convention on the Rights of the Child. This paper analyses the wording of Article 5 and four New Zealand case studies to test the possible interpretations of Article 5. The paper builds on the work of Landsdown and Kamchedzera (Landsdown, 2005; Kamchedzera, 2012) who have done previous comprehensive analyses of the ambit and significance of the wording in Article 5. Article 5, like all international instruments, is not designed to provide prescriptive answers to challenging problems where there is a clash of which rights should prevail for children in particular situations. The central theme of this paper is that where there is a clash of a child’s rights, the tiebreaker should be which right in the particular situation will best enhance the unique identity of a particular child. The paper draws on the work of Ronen (Ronen, 2004) which argues that the purpose of a child’s rights framework is so the child can construct their individualised identity which is authentic and real for that particular child. The New Zealand case studies have been chosen to exemplify particular aspects of Article 5 and see how they are played out in particular court settings and whether the outcome enhances or inhibits the child’s opportunity to develop their unique identity.

scholarly journals Anonymous birth versus child's right to identity

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Biological Origin ◽  
Child Rights ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
European Court ◽  
National Legal System ◽  
Conflicting Interests ◽  
The Right

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

scholarly journals SOCIAL AND LEGAL DISCOURSE OF CHILDREN’S PARTICIPATION IN DECISION-MAKING IN POLAND AND RUSSIA: COMPARATIVE ANALYSIS

2020 ◽  
Vol 4 (1) ◽  
pp. 61-70
Author(s):  
KRYSTYNA HELAND-KURZAK ◽  
ALEXANDRA FILIPOVA
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Search Process ◽  
The Core ◽  
Rights Of The Child ◽  
Children’S Participation ◽  
Participation In Decision Making ◽  
Legal Policies ◽  
Children's Participation ◽  
The Right

This article draws attention to online discourse of children’s participation in decision-making. The participation of children is located in one of the core principles of the Convention on the Rights of the Child (CRC). This study examines the right of the child to express his/her opinion and the participation of the child in matters affecting his/her interests. This paper aims to compare Poland and Russia results in the search process in the Google global search engine, level from 2004 to 2019 using Google Trends. We discover that there are connecting discourses among legal policies in Poland and Russia. There are also differences between clusters of arguments about existence of children’s rights in practice. ice.

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