Vulnerability, Childhood and the Law

Vulnerability, Childhood and the Law

Author: Jonathan Herring

Publisher: Springer

Published: 2018-04-05

Total Pages: 70

ISBN-13: 3319786865

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This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.


Book Synopsis Vulnerability, Childhood and the Law by : Jonathan Herring

Download or read book Vulnerability, Childhood and the Law written by Jonathan Herring and published by Springer. This book was released on 2018-04-05 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.

Vulnerable Children and the Law

Vulnerable Children and the Law

Author: Rosemary Sheehan

Publisher: Jessica Kingsley Publishers

Published: 2012

Total Pages: 370

ISBN-13: 1849058687

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This book takes an international perspective on child welfare, examining how frameworks can be adapted to address the rights and best interests of children. Synthesising the latest research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law.


Book Synopsis Vulnerable Children and the Law by : Rosemary Sheehan

Download or read book Vulnerable Children and the Law written by Rosemary Sheehan and published by Jessica Kingsley Publishers. This book was released on 2012 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an international perspective on child welfare, examining how frameworks can be adapted to address the rights and best interests of children. Synthesising the latest research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law.

The Child As Vulnerable Patient

The Child As Vulnerable Patient

Author: Ms Lynn Hagger

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 419

ISBN-13: 1409496600

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How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.


Book Synopsis The Child As Vulnerable Patient by : Ms Lynn Hagger

Download or read book The Child As Vulnerable Patient written by Ms Lynn Hagger and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.

Collaborative Practice with Vulnerable Children and Their Families

Collaborative Practice with Vulnerable Children and Their Families

Author: Julie Taylor

Publisher: Routledge

Published: 2017-12-04

Total Pages: 119

ISBN-13: 1315346087

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Collaborative Practice with Vulnerable Children and Their Families focuses on the knowledge and skills needed by professionals who work across disciplines to meet the needs of parents and children experiencing complex difficulties. It establishes the importance of both interprofessional and interagency collaboration. After detailing the characteristics of parents and children who may be in need of specialized services, the authors describe different approaches to service delivery in theory and practice, provide case examples and exercises, and address the developments in interprofessional education for those currently working in the field. They present evidence supporting collaborative practice as a means of achieving better outcomes for vulnerable children and their families, and explore the difficulties in working successfully across agencies and disciplines. A provocative examination focused on the wellbeing of families in crisis and the care they receive, this book: Introduces terms that are used in collaborative practice Details the legal mandate for working with families experiencing complex problems Provides legal definitions of ‘children in need’ and with a right to receive "targeted" services Outlines the circumstances that require court action (family law and criminal law) to protect children from "significant harm" Collaborative Practice with Vulnerable Children and Their Families examines the values and ethical standards shared by all professionals who work together to help at-risk children and their families, and serves as a definitive guide to professionals in social work, nursing, general practice, pediatrics and related professions. A volume in the series CAIPE Collaborative Practice Series Series edited by Hugh Barr and Marion Helme


Book Synopsis Collaborative Practice with Vulnerable Children and Their Families by : Julie Taylor

Download or read book Collaborative Practice with Vulnerable Children and Their Families written by Julie Taylor and published by Routledge. This book was released on 2017-12-04 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collaborative Practice with Vulnerable Children and Their Families focuses on the knowledge and skills needed by professionals who work across disciplines to meet the needs of parents and children experiencing complex difficulties. It establishes the importance of both interprofessional and interagency collaboration. After detailing the characteristics of parents and children who may be in need of specialized services, the authors describe different approaches to service delivery in theory and practice, provide case examples and exercises, and address the developments in interprofessional education for those currently working in the field. They present evidence supporting collaborative practice as a means of achieving better outcomes for vulnerable children and their families, and explore the difficulties in working successfully across agencies and disciplines. A provocative examination focused on the wellbeing of families in crisis and the care they receive, this book: Introduces terms that are used in collaborative practice Details the legal mandate for working with families experiencing complex problems Provides legal definitions of ‘children in need’ and with a right to receive "targeted" services Outlines the circumstances that require court action (family law and criminal law) to protect children from "significant harm" Collaborative Practice with Vulnerable Children and Their Families examines the values and ethical standards shared by all professionals who work together to help at-risk children and their families, and serves as a definitive guide to professionals in social work, nursing, general practice, pediatrics and related professions. A volume in the series CAIPE Collaborative Practice Series Series edited by Hugh Barr and Marion Helme

Vulnerable Children in South Africa

Vulnerable Children in South Africa

Author: R. Songca

Publisher:

Published: 2016

Total Pages:

ISBN-13: 9781485118091

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Vulnerable Children in South Africa: Legal, social development and criminological aspects analyses the legal, social development, criminological and penology issues that affect vulnerable children and children who are in conflict with the law. The book adopts a multi-disciplinary approach to the topic and considers vulnerability within both the family and broader societal structures. The book addresses the needs of children as victims and children as perpetrators of harm. The book takes a holistic view of vulnerability in childhood and addresses a wide variety of issues, including the nature and potential legal impact of harmful cultural practices. Vulnerable Children in South Africa also describes the causes and effects of vulnerability in childhood and emphasises the multi-disciplinary aspects of working with such children as victims or offenders. The authors concentrate on the processes that apply to the work of various professionals: police officers-, lawyers, social workers, probation officers and correctional officers. The Child Justice Act 75 of 2008, the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are among the Acts that are discussed.


Book Synopsis Vulnerable Children in South Africa by : R. Songca

Download or read book Vulnerable Children in South Africa written by R. Songca and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Vulnerable Children in South Africa: Legal, social development and criminological aspects analyses the legal, social development, criminological and penology issues that affect vulnerable children and children who are in conflict with the law. The book adopts a multi-disciplinary approach to the topic and considers vulnerability within both the family and broader societal structures. The book addresses the needs of children as victims and children as perpetrators of harm. The book takes a holistic view of vulnerability in childhood and addresses a wide variety of issues, including the nature and potential legal impact of harmful cultural practices. Vulnerable Children in South Africa also describes the causes and effects of vulnerability in childhood and emphasises the multi-disciplinary aspects of working with such children as victims or offenders. The authors concentrate on the processes that apply to the work of various professionals: police officers-, lawyers, social workers, probation officers and correctional officers. The Child Justice Act 75 of 2008, the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are among the Acts that are discussed.

They Took the Kids Last Night

They Took the Kids Last Night

Author: Diane L. Redleaf

Publisher: Bloomsbury Publishing USA

Published: 2018-11-02

Total Pages: 307

ISBN-13:

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This account of six families whose children were wrongly seized by child protection services vividly illustrates the constitutional balancing act where medicine, family interests, and child safety can clash. They Took the Kids Last Night shows a rarely exposed side of America's contemporary struggle to address child abuse, telling the stories of loving families who were almost destroyed by false allegations—readily accepted by caseworkers, doctors, the media, and, too often, the courts. Each of the six wrongly accused families profiled in this book faced an epic and life-changing battle when child protection caseworkers came to their homes to take their kids. In each case, a child had an injury whose cause was unknown; it could have been due to an accident, a medical condition, or abuse. Each family ultimately exonerated itself and restored its family life, but still bears scars from the experience that will never disappear. The book tells why and how the child protection system failed these families. It also examines the larger flaws in our country's child protection safety net that is supposed to sort out the innocent from the guilty in order to protect children.


Book Synopsis They Took the Kids Last Night by : Diane L. Redleaf

Download or read book They Took the Kids Last Night written by Diane L. Redleaf and published by Bloomsbury Publishing USA. This book was released on 2018-11-02 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This account of six families whose children were wrongly seized by child protection services vividly illustrates the constitutional balancing act where medicine, family interests, and child safety can clash. They Took the Kids Last Night shows a rarely exposed side of America's contemporary struggle to address child abuse, telling the stories of loving families who were almost destroyed by false allegations—readily accepted by caseworkers, doctors, the media, and, too often, the courts. Each of the six wrongly accused families profiled in this book faced an epic and life-changing battle when child protection caseworkers came to their homes to take their kids. In each case, a child had an injury whose cause was unknown; it could have been due to an accident, a medical condition, or abuse. Each family ultimately exonerated itself and restored its family life, but still bears scars from the experience that will never disappear. The book tells why and how the child protection system failed these families. It also examines the larger flaws in our country's child protection safety net that is supposed to sort out the innocent from the guilty in order to protect children.

Trial Advocacy for the Child Welfare Lawyer

Trial Advocacy for the Child Welfare Lawyer

Author: Marvin Ventrell

Publisher: Aspen Publishing

Published: 2017-04-20

Total Pages: 274

ISBN-13: 1601566972

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Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family was a first of its kind publication and gave lawyers working in child welfare court their first real trial skills book five years ago. Thousands of lawyers became more proficient at trial work because of that seminal publication. Now, the Juvenile Law Society (JLS) has made it even better with Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family, Second Edition, by Marvin Ventrell and Patrick Furman. Trials, effectively presented, are stories—stories of mothers, fathers, children—stories of the family. Trial Advocacy for the Child Welfare Lawyer, Second Edition teaches you how to present the story of the family from the unique and powerful perspective of each litigant. From nuts and bolts to advanced practice techniques, each trial skill is treated as a mechanism of persuasion. For the Second Edition, JLS Founder and Director Marvin Ventrell teamed up with his long-time trial skills training partner and highly regarded teacher and trial lawyer, Patrick Furman as co-author. Ventrell and Furman expand the nine essential trial skills of the first edition and have added a new chapter on The Child Witness. From case analysis to opening statement, to witness exam to evidentiary foundations, to objections, to closing argument and professionalism and ethics, Trial Advocacy for the Child Welfare Lawyer, Second Edition prepares the lawyer for children, parents, and state agencies to go to court. Reviews The Juvenile Law Society [JLS] has made a profound contribution to the field of child welfare law with this succinct and practical book. It really should be required reading for all lawyers appearing in child welfare court. It is an artful blending of the essentials of trial advocacy with the particulars of child welfare court. This book will empower attorneys to provide improved advocacy for children, parents, and agencies . . . and that, in turn, will lead to better judicial outcomes for our most vulnerable children and their families. —Jennifer L. Renne, Esq., Director, Capacity Building Center for Courts, American Bar Association


Book Synopsis Trial Advocacy for the Child Welfare Lawyer by : Marvin Ventrell

Download or read book Trial Advocacy for the Child Welfare Lawyer written by Marvin Ventrell and published by Aspen Publishing. This book was released on 2017-04-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family was a first of its kind publication and gave lawyers working in child welfare court their first real trial skills book five years ago. Thousands of lawyers became more proficient at trial work because of that seminal publication. Now, the Juvenile Law Society (JLS) has made it even better with Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family, Second Edition, by Marvin Ventrell and Patrick Furman. Trials, effectively presented, are stories—stories of mothers, fathers, children—stories of the family. Trial Advocacy for the Child Welfare Lawyer, Second Edition teaches you how to present the story of the family from the unique and powerful perspective of each litigant. From nuts and bolts to advanced practice techniques, each trial skill is treated as a mechanism of persuasion. For the Second Edition, JLS Founder and Director Marvin Ventrell teamed up with his long-time trial skills training partner and highly regarded teacher and trial lawyer, Patrick Furman as co-author. Ventrell and Furman expand the nine essential trial skills of the first edition and have added a new chapter on The Child Witness. From case analysis to opening statement, to witness exam to evidentiary foundations, to objections, to closing argument and professionalism and ethics, Trial Advocacy for the Child Welfare Lawyer, Second Edition prepares the lawyer for children, parents, and state agencies to go to court. Reviews The Juvenile Law Society [JLS] has made a profound contribution to the field of child welfare law with this succinct and practical book. It really should be required reading for all lawyers appearing in child welfare court. It is an artful blending of the essentials of trial advocacy with the particulars of child welfare court. This book will empower attorneys to provide improved advocacy for children, parents, and agencies . . . and that, in turn, will lead to better judicial outcomes for our most vulnerable children and their families. —Jennifer L. Renne, Esq., Director, Capacity Building Center for Courts, American Bar Association

Medical Treatment of Children and the Law

Medical Treatment of Children and the Law

Author: Jo Bridgeman

Publisher: Routledge

Published: 2020-11-19

Total Pages: 248

ISBN-13: 0429521367

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The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.


Book Synopsis Medical Treatment of Children and the Law by : Jo Bridgeman

Download or read book Medical Treatment of Children and the Law written by Jo Bridgeman and published by Routledge. This book was released on 2020-11-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.

The Oxford Handbook of Children and the Law

The Oxford Handbook of Children and the Law

Author:

Publisher: Oxford University Press

Published: 2020-02-07

Total Pages: 752

ISBN-13: 0190694408

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The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.


Book Synopsis The Oxford Handbook of Children and the Law by :

Download or read book The Oxford Handbook of Children and the Law written by and published by Oxford University Press. This book was released on 2020-02-07 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004

Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004

Author: United States. Congress. House. Committee on International Relations

Publisher:

Published: 2004

Total Pages: 32

ISBN-13:

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Book Synopsis Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004 by : United States. Congress. House. Committee on International Relations

Download or read book Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004 written by United States. Congress. House. Committee on International Relations and published by . This book was released on 2004 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: