(Ebook PDF) Children and the European Court of Human Rights 1st edition by Claire Fenton-Glynn 0191091464 9780191091469 full chapters

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ISBN-10 :  0191091464 

ISBN-13 :  9780191091469

Author : Claire Fenton-Glynn 

The European Convention on Human Rights is one of the most influential human rights documents in existence, in terms of its scope, impact, and jurisdiction. Yet it was not drafted with children, let alone children’s rights, in mind. Nevertheless, the European Court of Human Rights has developed a large body of jurisprudence regarding children, ranging from areas such as juvenile justice and immigration, to education and religion, and the protection of physical integrity. Its influence in the sphere of family law has been profound, in particular in the attribution of parenthood, and in cases concerning child abduction, child protection, and adoption. This book provides a comprehensive and detailed overview of the jurisprudence of the Court as it relates to children, highlighting its many achievements in this field, while also critiquing its ongoing weaknesses. In doing so, it tracks the evolution of the Court’s treatment of children’s rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children’s individual agency.

Children and the European Court of Human Rights 1st Table of contents:

1. Introduction
1.1 Introduction
1.2 Background to the European Convention on Human Rights
1.3 The European Court of Human Rights
1.4 Principles of interpretation
1.4.1 Positive obligations
1.4.2 The Convention as a living instrument
1.4.3 The principle of subsidiarity
1.4.4 The margin of appreciation
1.5 The use of international instruments
1.6 Structure of the book
2. Freedom from Violence and Exploitation
2.1 Introduction
2.2 Corporal punishment
2.2.1 Judicial corporal punishment
2.2.2 Corporal punishment in schools
2.2.3 Corporal punishment in the home
2.3 Protection of children from parental abuse
2.3.1 The positive obligation to protect against harm
2.3.2 Constructive knowledge and causation
2.3.3 Investigation and prosecution
2.3.4 The right to an effective remedy
2.3.5 Conclusions on protection of children from parental abuse
2.4 Protection from sexual violence
2.4.1 The need for an adequate legal framework
2.4.2 Consent
2.4.3 Investigation and prosecution
2.4.4 The involvement of children in proceedings
2.4.5 Conclusions on sexual violence against children
2.5 Child marriage
2.6 Forced or compulsory labour, servitude, and slavery
2.6.1 Military service
2.6.2 Modern slavery
2.7 Conclusion
3. The Right to Respect for Private Life
3.1 Introduction
3.2 The right to privacy
3.2.1 Intrusion by the media
3.2.2 Intrusion by private individuals
3.2.3 Intrusion by the state
3.2.4 Conclusions on the right to privacy
3.3 The right to receive information
3.4 The right to identity
3.4.1 Access to information on biological origins
3.4.2 Legal recognition of biological parenthood
3.4.3 Access to information on upbringing
3.4.4 The right to a name
3.4.5 Citizenship
3.5 Conclusion
4. Juvenile Justice
4.1 Introduction
4.2 Differences in treatment between adults and juveniles
4.3 The age of criminal responsibility
4.4 Deprivation of liberty
4.4.1 Educational supervision
4.4.2 Bringing a minor before a competent legal authority
4.4.3 Detention on suspicion of having committed an offence
4.4.4 The opportunity to challenge lawfulness of detention
4.4.5 Conditions of detention
4.4.6 Conclusions on deprivation of liberty in the context of juvenile justice
4.5 The right to a fair trial
4.5.1 Effective participation in proceedings
4.5.2 The right to a public hearing
4.5.3 The right to an independent and impartial tribunal
4.5.4 Access to legal representation
4.5.5 Conclusions on the right to a fair trial
4.6 Sentencing
4.6.1 The proportionality of sentencing
4.6.2 Parole and recall to prison
4.7 Conclusion
5. Children and the Immigration System
5.1 Introduction
5.2 ‘Family life’ in immigration disputes
5.3 Deportation and expulsion without a right to reside
5.3.1 The obligation to grant a residence permit to a parent
5.3.2 Constructive deportation
5.3.3 Conclusions on deportation without a right to reside
5.4 Expulsion following a criminal offence
5.4.1 Expulsion of a parent following a criminal offence
5.4.2 Expulsion following a criminal offence by a child
5.5 Family reunification
5.5.1 The obligation to allow ‘essential’ reunification
5.5.2 Relevant factors for family reunification
5.5.3 Conclusions on family reunification
5.6 Children in immigration detention
5.6.1 Unaccompanied minors
5.6.2 Children detained with their parents
5.7 Conclusion
6. The Right to Education
6.1 Introduction
6.2 Form of education
6.2.1 State versus private schooling
6.2.2 Home schooling
6.3 Specialised and segregated schooling
6.3.1 Children with disabilities
6.3.2 Ethnic minorities
6.3.3 Migrant children
6.3.4 Conclusions on specialised and segregated schooling
6.4 Content of education
6.4.1 Education in a chosen language
6.4.2 Sexual education
6.4.3 Religious education
6.5 School uniform and dress
6.6 Violence, abuse, and neglect
6.6.1 Corporal punishment
6.6.2 Sexual and physical abuse
6.6.3 Responsibility for student death
6.7 Exclusion from school
6.8 Higher education
6.8.1 Admission to higher education
6.8.2 Expulsion from higher education
6.9 Conclusion
7. Social and Economic Rights
7.1 Introduction
7.2 The right to health
7.2.1 Consent to medical procedures
7.2.2 Immunisation and disease prevention
7.2.3 The right to privacy
7.2.4 Medical negligence
7.3 Abortion
7.3.1 Abortion and the rights of the unborn child
7.3.2 Effective access to abortion
7.4 The right to a healthy environment
7.5 Property rights
7.5.1 Misuse of children’s property
7.5.2 Inheritance
7.5.3 Child maintenance
7.5.4 Conclusions on property rights for children
7.6 Social security and social welfare
7.6.1 Parental leave and allowances
7.6.2 Access to state benefits
7.7 Conclusion
8. Family Formation and Parenthood
8.1 Introduction
8.2 The definition of ‘family life’
8.2.1 ‘Family life’ between a mother and child
8.2.2 ‘Family life’ between a father and child
8.2.3 ‘Family life’ with extended family
8.2.4 When does ‘family life’ end?
8.3 Establishing parenthood
8.3.1 Mothers
8.3.2 Fathers
8.3.3 The rights of the child in establishing paternity
8.4 The changing face of the family
8.4.1 New family forms
8.4.2 New methods of reproduction
8.5 Conclusion
9. Private Law Child Disputes
9.1 Introduction
9.2 Standing and representation
9.2.1 Standing of a parent
9.2.2 Standing of a third party
9.2.3 The need for separate legal representation
9.3 Parental control and authority
9.4 Custody and residence
9.4.1 Disputes between parents and third parties
9.4.2 Discriminatory treatment when awarding custody
9.5 Contact and access
9.5.1 Who benefits from the right of contact?
9.5.2 Discrimination when deciding contact
9.5.3 Enforcement of contact arrangements
9.6 Children’s participation in private law cases
9.6.1 Direct versus indirect participation
9.6.2 Weight to be given to children’s views
9.7 Parental child abduction
9.7.1 Should there be a full best interests enquiry?
9.7.2 Reasons for non-return
9.7.3 Effective enforcement
9.8 Procedural rights
9.8.1 Length of proceedings
9.8.2 Public hearing and judgment
9.8.3 Provision of legal assistance
9.9 Conclusion
10. Child Protection
10.1 Introduction
10.2 Child protection and the child’s best interests
10.3 Emergency measures
10.4 The placement of the child in alternative care
10.4.1 In accordance with the law
10.4.2 Legitimate aim
10.4.3 Necessary in a democratic society
10.4.4 Conclusions on placement in alternative care
10.5 Abuse in the care system
10.6 Procedural rights
10.6.1 Article 6
10.6.2 Article 8
10.7 Family reunification
10.7.1 Contact with children in care
10.7.2 The obligation to facilitate family reunification
10.7.3 Challenging the return of the child to biological parents
10.7.4 Conclusions on family reunification
10.8 The right to an effective remedy
10.9 Conclusion
11. Adoption
11.1 Introduction
11.2 Second-parent adoption
11.2.1 Consent to second-parent adoption
11.2.2 Prohibition of second-parent adoption by same-sex partners
11.3 Adoption without parental consent
11.3.1 Positive obligations
11.3.2 Adoption versus long-term foster care
11.3.3 Procedural obligations
11.3.4 The best interests of the child
11.3.5 Recognising fathers in the adoption process
11.3.6 Conclusions on adoption without consent
11.4 Providing consent to adoption
11.5 Respect for religious and philosophical convictions
11.6 Intercountry adoption
11.6.1 Recognition of foreign judgments
11.6.2 The conversion of kafalah to adoption
11.6.3 The enforcement of an adoption order
11.7 The involvement of children in adoption proceedings
11.8 Selecting adoptive parents
11.9 Post-adoption contact
11.10 Revocation of adoption
11.11 Conclusion
12. Conclusions
12.1 The achievements of the Court in the field of children’s rights
12.2 The deficiencies of the Court as a child rights instrument
12.2.1 Substantive deficiencies
12.2.2 Systemic difficulties
12.3 The future of children’s rights before the Court

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