The Best Interests Of Children

This updated edition consolidates all child-centred legislation, from the UN Convention on the Rights of the Child through to the Referendum on Children's Rights 2012, in an easy-to-understand format.

"The least detrimental alternative", the authors' seminal principle for safeguarding a child's growth and development by minimizing intrusions of the law, has been cited in more than 1,000 child custody cases since 1973.

Topical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.

Three distinguished authorities in law, psychiatry, and child development critically evaluate current child placement laws.

A large body of research in disciplines from sociology and policy studies to neuroscience and educational psychology has confirmed that socioeconomic status remains the most powerful influence on children’s educational outcomes. Socially disadvantaged children around the world disproportionately suffer from lower levels of educational achievement, which in turn leads to unfavourable long-term outcomes in employment and health. Education in the Best Interests of the Child addresses this persistent problem, which violates not only the principle of equal educational opportunity, but also the broader principle of the best interests of the child as called for in the UN Convention on the Rights of the Child. Building on the children’s rights work accomplished in their previous book, Empowering Children, Brian Howe and Katherine Covell identify three types of reform that can significantly close the educational achievement gap. Their findings make an important argument for stronger and more comprehensive action to equalize educational opportunities for disadvantaged children.

The second volume in a classic trilogy of reference works often cited in child custody cases, which introduced the concept of the “least detrimental alternative” when addressing a child’s welfare. The second volume in a classic trilogy of works by Joseph Goldstein, former Sterling Professor Emeritus of Law at Yale Law School; Albert J. Solnit, the former director of the Yale Child Study Center, and Anna Freud, daughter of Sigmund Freud. These texts (Beyond the Best Interests of the Child was the first in the series, and In the Best Interests of the Child was the third) are classic references often cited in child custody cases; Before the Best Interests of the Child specifically addresses when the state should intervene. Rather than the familiar legal "best interests of the child" doctrine, the authors’s work is based on the more realistic standard of finding the "least detrimental alternative." This is indispensable reading for social workers, family court judges, lawyers, psychologists, and parents.

The Best Interests of Children links social theory with survey data to establish much-needed parameters for determining a child's best interest.

The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.