The Oxford Handbook Of Children S Rights Law

Children's rights law is a relatively young but rapidly developing discipline. The UN Convention on the Rights of the Child (CRC), the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law. Now thirty years old, the CRC signaled a definitive shift in the way children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached the state in which more critical evaluation and assessment is needed of both the CRC and the large body of children's rights law and policies that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.

The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

"This book is a foundational inter-disciplinary volume on children's rights that is relevant to scholars, practitioners, and students with interests in children's rights, human rights, family law, and related topics. With contributions from leading scholars and practitioners in the field of children's rights, this book provides both in-depth analysis of children's rights as a discipline, and maps the critical issues for advancing children's rights today and in the future"--

"cross the spectrum of political ideologies there is, in principle, widespread agreement that the state has a legitimate role in protecting children from harm. Even the Nobel Prize winning economist Milton Friedman (1962), among the most ardent liberal supporters of the laissez faire philosophy, recognized this "paternalistic" function of government. At the same time, the traditional view of children, that they are the property of the father (pater) or the parents, is under pressure (Zelizer, 1994; James & Prout, 1997; Archard 2004). Societies are at an intersection when it comes to how children are treated and how their rights are respected, which creates tensions in the traditional relationship between the family and the state. Children are a focus of government responsibility under certain state-defined norms relating to harm and need. And parents are sometimes constrained by the state from exercising their (familial or property) rights under state-defined criteria of harm and need"--

While the notion of young people as individuals worthy or capable of having rights is of relatively recent origin, over the past several decades there has been a substantial increase in both social and political commitment to children’s rights as well as a tendency to grant young people some of the rights that were typically accorded only to adults. In addition, there has been a noticeable shift in orientation from a focus on children’s protection and provision to an emphasis on children’s participation and self-determination. With contributions from a wide range of international scholars, the Handbook of Children’s Rights brings together research, theory, and practice from diverse perspectives on children’s rights. This volume constitutes a comprehensive treatment of critical perspectives concerning children’s rights in their various forms. Its contributions address some of the major scholarly tensions and policy debates comprising the current discourse on children’s rights, including the best interests of the child, evolving capacities of the child, states’ rights versus children’s rights, rights of children versus parental or family rights, children as citizens, children’s rights versus children’s responsibilities, and balancing protection and participation. In addition to its multidisciplinary focus, the handbook includes perspectives from social science domains in which children’s rights scholarship has evolved largely independently due to distinct and seemingly competing assumptions and disciplinary approaches (e.g., childhood studies, developmental psychology, sociology of childhood, anthropology, and political science). The handbook also brings together diverse methodological approaches to the study of children’s rights, including both quantitative and qualitative perspectives, and policy analysis. This comprehensive, cosmopolitan, and timely volume serves as an important reference for both scholarly and policy-driven interest in the voices and perspectives of children and youth.

Since the adoption of the UN Convention on the Rights of the Child (1989) children’s rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children’s rights. The volume offers a multidisciplinary approach to children’s rights, as well as key thematic issues in children’s rights at the intersection of global and local concerns. The main approaches and topics within the volume are: • Law, social work, and the sociology of childhood and anthropology • Geography, childhood studies, gender studies and citizenship studies • Participation, education and health • Juvenile justice and alternative care • Violence against children and female genital mutilation • Child labour, working children and child poverty • Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children’s rights.

This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will contunue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online.

In this volume, leading leading scholars and practitioners introduce law as foundational discipline in education. The legal foundations of education include the laws and policies through which particular states establish and maintain public school systems; require parents and guardians to enroll the children in their care in approved educational programs; mandate that particular subjects be taught in particular ways by persons with particular credentials; regulate teacher certification standards and teacher employment; and ensure school safety, effectiveness, and efficiency. Education law is a field of practice and scholarly inquiry within the legal foundations of education which is concerned primarily with the constitutional rights of students, teachers and other personnel in schools. About the Educational Foundations series: Education, as an academic field taught at universities around the world, emerged from a range of older foundational disciplines. The Educational Foundations series comprises six volumes, each covering one of the foundational disciplines of philosophy, history, sociology, policy studies, economics and law. This is the first reference work to provide an authoritative and up-to-date account of all six disciplines, showing how each field's ideas, methods, theories and approaches can contribute to research and practice in education today. The six volumes cover the same set of key topics within education, which also form the chapter titles: - Mapping the Field - Purposes of Education - Curriculum - Schools and Education Systems - Learning and Human Development - Teaching and Teacher Education - Assessment and Evaluation This structure allows readers to study the volumes in isolation, by discipline, or laterally, by topic, and facilitates a comparative, thematic reading of chapters across the volumes. Throughout the series, attention is paid to how the disciplines comprising the educational foundations speak to social justice concerns such as gender and racial equality.