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The Child's Right to Participate in Family Law Disputes: Represented, Heard or Silenced?

The Child's Right to Participate in Family Law Disputes: Represented, Heard or Silenced?

Author: Charlotte Mol
Publisher: Larcier Intersentia Publishers
ISBN: 9781839702556
Published In: September 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

RMB 1,767.30

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Description
Contents

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This book contains an in-depth legal analysis of Article 12 of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the European Convention on the Exercise of Children’s Rights, the Council of Europe’s Guidelines on Child-Friendly Justice and Recommendation on the participation of children, and the European Union Charter of Fundamental Rights. The result is a comprehensive assessment of the child’s right to participate in family law proceedings, providing the first complete analysis of the international and European human rights instruments in this field. Of note, the book’s analysis of the case law of the European Court of Human Rights is unique, in both the inclusion of all of the Court’s judgments and decisions on child participation as well as the application of an innovative and rigorous method of qualitative content analysis. This book therefore provides a greater understanding of the child’s right to participate under Article 8 of the European Convention on Human Rights.

Throughout the book, five key themes are addressed: the right to express views, due weight accorded to a child’s views, the relevance of the child’s age and maturity, the issue of undue influence, and the relevance of information and practical affairs. The standards provided in each of the instruments studied are compared and critically reflected upon. This book sets out the international and European framework for child participation and discusses critically how this framework can be further aligned and strengthened. New insights are reflected upon and recommendations made for the implementation and improvement of child participation rights at national and international levels.

The Child's Right to Participate in Family Law Family Law Disputes: Represented, Heard or Silenced? Is a must read for scholars, family justice professionals, policy makers, and all persons working in the fields of children’s rights and family law.

Chapter 1. Introduction

PART I. THE CHILD’S RIGHT TO PARTICIPATE IN INTERNATIONAL AND EUROPEAN HUMAN RIGHTS INSTRUMENTS

Chapter 2. The Child’s Right to Participate in the UN Convention on the Rights of the Child

Chapter 3. The Child’s Right to Participate in European Human Rights Instruments

PART II. THE CHILD’S RIGHT TO PARTICIPATE IN THE CASE LAW OF THE ECtHR

Chapter 4. Introduction to the ECHR, the ECtHR and the Case Law Analysis

Chapter 5. (In)Sufficient Participation

Chapter 6. Weight Accorded to the Child’s Views

Chapter 7. Maturity of the Child

Chapter 8. ‘Influence’ on the Views of the Child

Chapter 9. Conclusions of the Case Law Analysis

PART III. COMPARATIVE REMARKS AND CONCLUSIONS