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In this book Aoife Daly argues that where courts decide children’s best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children’s autonomy principle, respecting children’s wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children’s rights.
Price: $258.00
Pages: 450
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Stockholm Studies in Child Law and Children’s Rights
Publication Date:
21 December 2017
ISBN: 9789004355811
Format: Hardcover
"The book is exceptionally clear and academically rigorous—it is a pleasure to read.
The foreword of Daly’s book is written by Professor Emeritus Michael Freeman, (...). There can be no greater accolade than his ringing endorsement and I can only concur with his view that the book “is thorough, perceptive and novel and will set a benchmark for future analyses
of children’s rights in the context of the courts and beyond.” "
Emma Cave, Professor in Healthcare Law, Durham University, Human Rights Quarterly, Volume 40, Number 4, November 2018, pp. 1041-1045.
"This book is useful for anyone working or researching in the area of children’s participation in family law or child protection proceedings. It constitutes a thoroughly researched summary of the way children’s views are heard and taken into account in many different jurisdictions throughout the world.To that end it can be used as a reference book itself. Daly’s research offers those who may have influence over how children are heard in proceedings, such as judges, welfare officers and lawyers for children, a better way of thinking about how children’s voices can be genuinely heard in a way that is respectful and impactful. It is hoped that this book may be a starting point for reframing the way we think about children’s views and making changes to family law and child protection policies and practices."
Nicola Ross, Senior Lecturer, Newcastle Law School, University of Newcastle, Australia and Michelle Fernando, Senior Lecturer, School of Law, University of South Australia, International Journal of Children’s Rights 26 (2018) pp. 837-847.
Aoife Daly, Ph.D. (2011), Trinity College Dublin, is Senior Lecturer in Law at the School of Law and Social Justice and the European Children’s Rights Unit at the University of Liverpool. She writes, teaches and advocates extensively on children’s rights.