Parental guidance, state responsibility and evolving capacities : Article 5 of the United Nations Convention on the Rights of the Child / / edited by Brian Sloan, Claire Fenton-Glynn.

• Author: Convention on the Rights of the Child Implementation Project,
• TeilnehmendeR: Fenton-Glynn, Claire,; Sloan, Brian, 1984-; Convention on the Rights of the Child Implementation Project,; University of Cambridge,
• Place / Publishing House: Leiden, The Netherlands : : Brill Nijhoff,, 2021.; ©2021
• Year of Publication: 2021
• Language: English
• Physical Description: 1 online resource (ix, 349 pages) :; illustrations

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.-- Provided by publisher.

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.