Rewriting Children’s Rights Judgments: From Academic Vision to New Practice - Softcover

Stephen Gilmore; Helen Stalford; Kathryn Hollingsworth

Softcover

ISBN 10: 1509936882 ISBN 13: 9781509936885

Publisher: Hart Publishing, 2020

Synopsis

This important edited collection is the culmination of research undertaken by the Children’s Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children’s rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children’s rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children’s rights. Collectively, the judgments point to five key factors that support a children’s rights-based approach to judgment writing. These include: using children’s rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language.
Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children’s rights perspective adopted; the extent to which it addresses the children’s rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice.
Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children’s rights.

About this title

About the Author

Helen Stalford is Professor of Law at the University of Liverpool.
Kathryn Hollingsworth is Professor of Law at Newcastle Law School.
Stephen Gilmore is Professor of Family Law at King’s College London.

Edition details

• Publisher: Hart Publishing
• Publication date: 2020
• Language: English
• ISBN 10: 1509936882
• ISBN 13: 9781509936885
• Binding: Paperback
• Number of pages: 616
• Editor: Stephen Gilmore, Helen Stalford, Kathryn Hollingsworth