The human rights of children : : selected essays on children's rights / / Michael Freeman.

• Superior document: Nijhoff Law Specials
• VerfasserIn: Freeman, Michael, 1936-
• Place / Publishing House: Leiden, Netherlands ;, Boston, Massachusetts : : Brill,, [2022]; ©2022
• Year of Publication: 2022
• Language: English
• Series: Nijhoff Law Specials
• Physical Description: 1 online resource (306 pages)

For decades, Professor Michael Freeman has without doubt been one of the world's most infuential scholars in international children's rights. His scholarship has been at the forefront of the field and has helped shape many of the developments within it. This collection offers the reader a thought-provoking snapshot of some of his most seminal essays, written and/or published over the past 30 years. Together they highlight above all the interdisciplinary nature of the issues he discusses. Legal doctrinal questions that make the case for recognising that children have rights are of course discussed. But aspects of moral and political philosophy are dealt with as well, in addition to, among other other disciplines, history, theology, psychology and antropology.

Table of Contents

Intro -- Contents -- Preface -- Acknowledgements -- Chapter 1 The Human Rights of Children -- Introduction -- Equality Legislation -- The Private World of Children -- Human Beings/Human Becomings -- The Importance of Rights -- Why Rights for Children -- Making Children's Rights Count -- (i) Education -- (ii) A Children's Rights Ombudsman -- (iii) Duty to Ensure Legislation's Compatibility with the UNCRC -- (iv) Incorporate the UNCRC into UK Law -- (v) Giving Children the Right of Petition -- (vi) Treating Children as Citizens -- Some Concluding Thoughts -- Chapter 2 A Time to be Born and a Time to Die -- A Time to be Born -- Not Being Born -- Being Born a Clone -- Being Chosen to be Born -- A Time to Die -- Choosing to Die -- Having the Decision to Die Taken by Others -- Conclusions -- Chapter 3 Upholding The Dignity and Best Interests of Children: International Law and the Corporal Punishment of Children -- I. Introduction - A Pre-History -- II. International Declarations on Children's Rights: Guiding Principles -- A. Dignity -- B. The Best Interests of the Child -- III. The UN Convention on the Rights of the Child: Provisions and Interpretation -- A. Article 19 -- B. General Comment No. 8 -- C. General Comment No. 1 -- D. The Committee's Jurisprudence on Corporal Punishment -- IV. The UN Secretary General's Study on Violence against Children -- V. United Nations Committees -- A. The Human Rights Committee -- B. The Committee on Economic, Social, and Cultural Rights -- C. The Committee against Torture -- VI. The European Convention on Human Rights -- VII. European Bodies Concerned with the Protection of Children -- A. The European Committee of Social Rights -- B. The Committee of Ministers of the Council of Europe -- C. The European Network of Ombudspersons for Children -- VIII. The African Charter on the Rights and Welfare of the Child.

IX. The Inter-American Human Rights System: The Declaration of The Rights and Duties of Man -- X. Corporal Punishment in Asia -- XI. Conclusion -- Chapter 4 Whose Life is it Anyway? -- I. Parental Responsibility and Medical Treatment -- II. The Importance of a Parent's Wishes -- III. Autonomy in Child-Rearing -- IV. Why do Parents have Rights? -- V. Whose Rights? -- VI. Best Interests? -- VII. Conclusion -- Chapter 5 The Morality of Cultural Pluralism -- Prologue - Pluralism and Children's Rights -- Cultural Pluralism -- Monism -- Relativism -- Responding to the Case Studies - Relativism -- The Monist Response -- The Pluralist Approach -- A Concluding Comment -- Chapter 6 Cleveland, Butler-Sloss and Beyond - How are We to React to the Sexual Abuse of Children? -- What is Child Sexual Abuse? -- How Much Child Sexual Abuse is There? -- How is Child Sexual Abuse to be Explained? -- What Happened in Cleveland? -- Protecting Abused Children and Innocent Parents -- (i) The Reflex Anal Dilatation Test -- (ii) The Use of Place of Safety -- (iii) Medical Procedures and Consents -- (iv) Access to Children -- (v) Disclosure Interviews -- Where do We Go from Here? -- (i) Eliminating Abuse -- (ii) Dealing with Abuse -- Conclusion -- Chapter 7 Does Surrogacy Have a Future after Brazier? -- I. Introduction -- II. Brazier's Philosophy -- III. Brazier's Recommendations -- A. Payments to Surrogates -- B. Regulation -- C. Reforming the Law -- D. The Revised Parental Order -- IV. Conclusion -- Chapter 8 Images of Child Welfare in Child AbductionAppeals -- I. Introduction -- II. Assessing a Risk -- III. An Objecting Child -- IV. Non-Convention Cases -- V. Looking at Other Systems - A Value Framework -- VI. Conclusion -- Chapter 9 The Limits of Children's Rights -- The Importance of Rights -- The Importance of Children's Rights -- Rights and Dignity.

Rights - from Where? -- Children and Double Standards -- Liberating Children -- The Limits of Autonomy -- Putting Rights into Practice: Surmounting Limits -- Implementing Rights -- Conclusion.