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A Failure of Proportion: Non-Consensual Adoption in England and Wales

A Failure of Proportion: Non-Consensual Adoption in England and Wales

Author: Samantha M. Davey
Publisher: Hart Publishing
ISBN: 9781509943968

Published In: December 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509929139

List Price: HKD 428.87

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Description
Contents

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This book explores non-consensual adoption - an area of law which has sparked considerable debate amongst academics, practitioners and the judiciary nationally and internationally. The emphasis of this book is on the circumstances in which non-consensual adoption may be regarded as a proportionate measure and when less severe forms of intervention, such as long-term foster care or kinship care, may also meet children's needs while providing protection to children's rights under the European Convention on Human Rights. The book builds on existing literature on adoption law but takes the discussion in new directions, placing an emphasis on the need to closely scrutinise children's and parents' rights at all stages of the adoption process, not simply when parents appeal against the making of an adoption order. A unique feature of this book is its emphasis on routinely incorporating key provisions from the United Nations Convention on the Rights of the Child into analysis when determining whether an adoption order is a proportionate measure.

1. Introduction

I. Non-Consensual Adoption: The Legal Issue and Social Climate

II. Background to Non-Consensual Adoption: A Controversial Solution

III. Book Overview

2. Children's Best Interests and Children's and Parents' Rights

I. Introduction: The Interrelationship between Rights and Best Interests

II. Non-Consensual Adoption and the European Convention on Human Rights

III. The United Nations Convention on the Rights of the Child

IV. Conclusion

3. Adoption Cases in the European Court of Human Rights

I. Introduction: Last Port of Call and Last Portal of Hope?

II. The Protection of Children: The ECHR, the UNCRC and Proportionality