Overview

This book arises out of a CRC Implementation Project colloquium on Article 5 of the UN Convention on the Rights of the Child. Article 5 protects the responsibilities, rights and duties of parents or others to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his/her rights. In this interdisciplinary collection, leading international scholars address the interplay of parental guidance, state responsibility and child autonomy within a wide range of fields, from gender identity to criminal justice. The chapters provide fascinating insights into the vital but enigmatic role of Article 5.

Full Product Details

Author:   Claire Fenton-Glynn ,  Brian Sloan
Publisher:   Brill
Imprint:   Martinus Nijhoff
Weight:   0.725kg
ISBN:  

9789004446861

ISBN 10:   9004446869
Pages:   350
Publication Date:   07 October 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

 Notes on Contributors  Introduction  Brian Sloan and Claire Fenton-Glynn Part 1: Decoding Article 5  1The Enigma of Article 5 of the United Nations Convention on the Rights of the Child  Central or Peripheral?  Elaine E. Sutherland  2The Scope and Limitations of the Concept of Evolving Capacities within the crc  Gerison Lansdown  3Assessing Children’s Capacity  Reconceptualising Our Understanding through the UN Convention on the Rights of the Child  Aoife Daly Part 2: Article 5 and Domestic Legal Systems  4‘Evolving Capacities’ and ‘Parental Guidance’ in the Context of Youth Justice  Testing the Application of Article 5 of the Convention on the Rights of the Child  Ursula Kilkelly  5Parental Guidance in Support of Children’s Participation Rights  The Interplay Between Arts 5 and 12 in the Family Justice System  Nicola Taylor Part 3: Parental Responsibility and Evolving Capacities  6Do Parents Know Best?  John Eekelaar  7From Reasonable to Unreasonable  Corporal Punishment in the Home  Trynie Boezaart  8Parental Responsibilities and Rights during the “Gender Reassignment” Decision-Making Process of Intersex Infants  Guidance in Terms of Article 5 of the Convention on the Rights of the Child  Lize Mills and Sabrina Thompson Part 4: The Impact of Article 5 in Adoption Proceedings  9Children’s Capacities and Role in Matters of Great Significance for Them  An analysis of the Norwegian County Boards’ Decision-Making in Cases about Adoption from Care  Amy McEwan-Strand and Marit Skivenes  10Children’s Views, Best Interests and Evolving Capacities in Consenting to Their Own Adoption  A Study of nsw Supreme Court Judgements for Adoptions from Care  Judy Cashmore, Amy Conley Wright and Sarah Hoff  11Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis  Brian Sloan Part 5: Case Studies on the Application of Article 5  12Article 5: The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children  Sheila Varadan  13Scotland’s Named Person Scheme  A Case Study of Article 5 of the United Nations Convention on the Rights of the Child in Practice  Gillian Black  14New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child  Mark Henaghan  Index

Reviews

This is an extremely valuable collection that exposes the broad array of issues encompassed by Article 5. (...) The value of this volume, I would argue, is in providing theoretical and exemplar analysis that is critical even for the US in the absence of the CRC. This volume delivers a rich framework to assess children's rights and to reorient the scope of parental rights, as well as suggesting further work to elaborate this critical article of the CRC. Nancy E. Dowd, UF Distinguished Professor and David Levin Chair in Family Law, Emeritus, University of Florida Levin College of Law, USA; International Journal of Law, Policy and The Family, Oxford, 2022, 00, 1-6

Author Information

Claire Fenton-Glynn, PhD (2013) University of Cambridge, is a Senior Lecturer at the Faculty of Law, University of Cambridge. She has published widely on children's rights, focusing in particular on parenthood, surrogacy and adoption. Her work has been cited with approval by the Supreme Court, Law Commission of England and Wales, and the UN Special Rapporteur on the Sale of Children. Brian Sloan, PhD (2011), University of Cambridge, is a Fellow in Law at Robinson College, Cambridge. He has published widely on family and child law, and his work on adoption law was cited with approval by the UK Supreme Court.

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