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The EU as a Children’s Rights Actor

The EU as a Children’s Rights Actor
Author: Ingi Iusmen
Publisher: Verlag Barbara Budrich
Total Pages: 331
Release: 2015-11-16
Genre: Political Science
ISBN: 3847404121

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This edited collection critiques, from an interdisciplinary perspective, the growing body of EU children’s rights activities in the light of broader political, economic and legal processes. Specifically, it interrogates whether EU intervention effectively responds to what are perceived as violations of children’s rights and the extent to which EU efforts to uphold children’s rights complement and reinforce parallel national and international pursuits. Moreover, it scrutinises the compatibility of EU children’s rights measures with the principles and provisions enshrined in the UN Convention on the Rights of the Child (CRC).


Child Rights in Europe

Child Rights in Europe
Author: Geraldine Van Bueren
Publisher: Council of Europe
Total Pages: 214
Release: 2007-01-01
Genre: Social Science
ISBN: 9789287162694

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This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description


Children and the European Union

Children and the European Union
Author: Helen Stalford
Publisher: Bloomsbury Publishing
Total Pages: 278
Release: 2012-08-14
Genre: Law
ISBN: 1847319904

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This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.


Social Rights of Children in Europe

Social Rights of Children in Europe
Author: Katharina Häusler
Publisher: BRILL
Total Pages: 259
Release: 2019-01-14
Genre: Law
ISBN: 9004375937

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In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how the major European human rights bodies interpret children’s basic social rights and thus unfolds the main challenges for the realisation of these rights in Europe.


Child Rights in the EU

Child Rights in the EU
Author: European Union. Agency for Fundamental Rights
Publisher:
Total Pages: 15
Release: 2019
Genre:
ISBN: 9789294747372

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Child rights come first. Measures to ensure child protection and participation apply to all children in the EU. This brochure guides you to relevant FRA reports and tools that can support you when promoting and protecting the rights of all children in the EU.


European Asylum Law and the Rights of the Child

European Asylum Law and the Rights of the Child
Author: Ciara Smyth
Publisher: Routledge
Total Pages: 262
Release: 2014-07-11
Genre: Law
ISBN: 113512020X

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The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.


Handbook on European Law Relating to the Rights of the Child

Handbook on European Law Relating to the Rights of the Child
Author: European Union. Agency for Fundamental Rights
Publisher:
Total Pages: 254
Release: 2015
Genre:
ISBN: 9789292399122

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Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also illustrates the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to where rights and responsibilities are most prominently vested in children's carers. This handbook aims to raise awareness and improve the knowledge of the legal standards that protect and promote children's rights in Europe. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights (ECHR), the European Social Charter (ESC) and other CoE instruments. The handbook is designed for non-specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organisations responsible for ensuring the legal protection of the rights of the child. It explains key jurisprudence, summarising major rulings of both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).


The Child and the European Convention on Human Rights

The Child and the European Convention on Human Rights
Author: Ursula Kilkelly
Publisher: Taylor & Francis
Total Pages: 368
Release: 2017-07-05
Genre: Law
ISBN: 1317038622

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The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.


Handbook on European law relating to the rights of the child

Handbook on European law relating to the rights of the child
Author: Agence des droits fondamentaux de l'Union européenne
Publisher:
Total Pages: 254
Release: 2015
Genre:
ISBN: 9789287199171

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Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also illustrates the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to where rights and responsibilities are most prominently vested in children's carers. This handbook aims to raise awareness and improve the knowledge of the legal standards that protect and promote children's rights in Europe. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights (ECHR), the European Social Charter (ESC) and other CoE instruments. The handbook is designed for non-specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organisations responsible for ensuring the legal protection of the rights of the child. It explains key jurisprudence, summarising major rulings of both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).


Rights of Children at Risk and in Care

Rights of Children at Risk and in Care
Author: Bragi Guðbrandsson
Publisher: Council of Europe
Total Pages: 80
Release: 2006-01-01
Genre: Social Science
ISBN: 9287160392

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Children should grow up in their families. When confronted with crises or difficult situations, families should receive necessary, specifically adapted assistance from public authorities to help solve their problems. This is sometimes not possible, however, for example when parents are unable to bring up their children or when they represent a danger to them. The child and the parents must consequently be separated, with the parents' agreement or on the basis of a court ruling. Placement must always be an exception and a temporary solution - as short as possible - only foreseeable if all the right conditions are met and if the principal aim is the best interest of the child, including a successful and prompt social integration or reintegration. The main objective should be the development and fulfilment of the child. His/her views should be taken into account, according to the child's age and degree of maturity. Child protection and welfare, based on the rights of the child -including those of children in institutions - is a priority for the Council of Europe, as stated in Recommendation Rec(2005)5 of the Committee of Ministers to member states on the rights of children living in residential institutions. The harmful effects of institutions on child development having been demonstrated, the aims are to prevent the institutionalisation of children and to reduce the number of children subject to such measures through the development of alternatives. This publication, while showing the importance of the issue and the necessity of dealing with it in a sensible and cautious way, also opens perspectives for the future.