Age discrimination and children's rights : ensuring equality and acknowledging difference / Claire Breen
- Bib ID:
- 3666518
- Format:
- Book
- Author:
- Breen, Claire
- Online Version:
- Table of contents only
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- Description:
-
- Leiden : Martinus Nijhoff ; Biggleswade : Extenza Turpin [distributor], 2006
- xvi, 226 p. ; 25 cm.
- ISBN:
- 9004148272
- Series:
- International studies in human rights ; v. 86
- Summary:
-
"This volume explores the extent to which children's rights are secured at the national level; and the reasons why children's rights have or have not been recognised and secured by various states at the level of domestic law. It also explores the difficulties inherent in the accordance of rights to children in order to ascertain whether they do in fact derive from the particular nature of children of whether they mask a reluctance of states to fulfil their domestic and international rights obligations to children, and whether such reluctance constitutes 'discrimination against children'. The volume thus explores the theoretical and legal underpinnings of gender and race discrimination, at both the domestic and international level, and examines the extent to which these may be applied to the area of children's rights."--BOOK JACKET.
- Full contents:
-
- Machine derived contents note: Introduction ix
- CHAPTER ONE
- 'Difference' or Discrimination? Exploring the Concepts
- Underpinning Children's Rights, Discrimination and
- the Need to Acknowledge Difference
- 1. Introduction 1
- 2. Children's Rights: Liberation, Protection or (Il)legitimate
- Differentiation? 2
- 2.1. Child Protectionism 3
- 2.2. Child Liberation 5
- 3. Children's Rights, Interests, and the Law 8
- 4. Equality and Non-Discrimination in International and
- National Human Rights Law 12
- 4.1. Equality and Non-Discrimination in International
- Human Rights Law 12
- 4.2. Limits to Non-Discrimination. 16
- 5. Equality and Age-Based Differentiation. 20
- 6. Assessing Age-Based Distinctions 27
- 6.1. Assessing Age-Based Distinctions - the Case ofNew Zealand 33
- 6.2. Some Legislative and Judicial Responses 38
- 7. Conclusion 41
- CHAPTER TWO
- Children's Rights and Medical Treatment:
- Issues of Capacity, Choice and Consent
- 1. Introduction 45
- 2. Difference or Discrimination? Paternalism and Autonomy
- in the Context of Medical Treatment 46
- CHAPTER FOUR
- The Corporal Punishment of Children
- in New Zealand: The Power of Parental Rights
- in New Zealand
- 1. Introduction 107
- 2. The Corporal Punishment of Children: A Historical
- and Philosophical Framework 108
- 3. Corporal Punishment of Children: Recent Academic Debate
- in New Zealand 111
- 4. Corporal Punishment as a Violation of the Child's
- Human Rights 114
- 5. Discrimination or Differentiation? Section 59 within
- the Framework of New Zealand Domestic Legislation 129
- 6. Conclusion 141
- CHAPTER FIVE
- Taking Liberties: The Detention of the At-Risk
- Child in Ireland
- 1. Introduction 143
- 2. Constitutional and Legislative Protection of the Rights
- of the At-Risk Child in Ireland. 144
- 2.1. Constitutional Protection 144
- 2.2. Legislative Protection 145
- 3. Judicial Interpretation of the Constitutional and Legislative
- Protection Afforded to the At-Risk Child 147
- 3.1. F.N v Ministerfor Education 147
- 3.2. TD. v Minister of Education and Others 149
- 3.3. D.G. v The Eastern Health Board and Others. 153
- 4. The Rights of the At-Risk Child in International
- Human Rights Law 157
- 4.1. D.G. v reland. 157
- 4.2. The Rights of the At-Risk Child under International
- Human Rights Standards 160
- 5. Discriminatory Detention of the At-Risk Child 163
- 6. Conclusion 165
- CHAPTER SIX
- Age Discrimination and the Rights
- of Irish-Born Children of Asylum Seekers
- 1. Introduction 167
- 2. International Human Rights Protection for Children Born
- of Asylum Seekers 168
- 2.1. The Right of the Child to Respectfor Family and Private Life 168
- 3. The Rights of Children Born of Asylum Seekers under
- the European Convention of Human Rights 170
- 4. The Rights of Irish-Born Children of Asylum Seekers 179
- 4.1. Constitutional Protection 179
- 4.2. Legislative Protection 184
- 5. Judicial Interpretation of the Rights of Irish-Born Children
- of Asylum Seekers: Lobe, Osayande and Others v Minister
- for Justice, Equality and Law Reform 186
- 5.1. Lobe: Disregarding the Rights of the Child-Citizen, Discriminating
- against the Rights of the Child 199
- 6. Conclusion 202
- Conclusion 205
- Bibliography 211
- Index 221.
- Notes:
-
- Formerly CIP.
- Includes bibliographical references and index.
- Subject:
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 2006
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