Decisional Privacy and the Rights of the Child (Routledge Research in Human Rights Law) - Softcover

Dimopoulos, Georgina

Softcover

ISBN 10: 1032123486 ISBN 13: 9781032123486

Publisher: Routledge, 2024

Synopsis

Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria.

This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children.

This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.

About this title

About the Author

Georgina Dimopoulos is a socio-legal researcher and an Australian lawyer who has worked across the higher education sector, government, courts, commercial legal practice and community organisations. She holds a PhD from Melbourne Law School at the University of Melbourne and is experienced in legal and policy evaluation, and doctrinal, qualitative and empirical research, in the areas of family law and children’s rights.

Edition details

• Publisher: Routledge
• Publication date: 2024
• Language: English
• ISBN 10: 1032123486
• ISBN 13: 9781032123486
• Binding: Paperback
• Edition number: 1
• Number of pages: 248