Vulnerability Childhood And The Law PDF Download
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| Author | : Jonathan Herring |
| Publisher | : Springer |
| Total Pages | : 74 |
| Release | : 2018-04-05 |
| Genre | : Law |
| ISBN | : 3319786865 |
Download Vulnerability, Childhood and the Law Book in PDF, ePub and Kindle
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.
| Author | : Camilla Pickles |
| Publisher | : Routledge |
| Total Pages | : 299 |
| Release | : 2019-08-23 |
| Genre | : Health & Fitness |
| ISBN | : 0429812906 |
Download Childbirth, Vulnerability and Law Book in PDF, ePub and Kindle
This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.
| Author | : Rosemary Sheehan |
| Publisher | : Jessica Kingsley Publishers |
| Total Pages | : 370 |
| Release | : 2012-03-15 |
| Genre | : Law |
| ISBN | : 0857004565 |
Download Vulnerable Children and the Law Book in PDF, ePub and Kindle
Global support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international 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 book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together. Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.
| Author | : Rosemary Sheehan |
| Publisher | : Jessica Kingsley Publishers |
| Total Pages | : 370 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 1849058687 |
Download Vulnerable Children and the Law Book in PDF, ePub and Kindle
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.
| Author | : Jonathan Herring |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198737270 |
Download Vulnerable Adults and the Law Book in PDF, ePub and Kindle
We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognizes our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
| Author | : Kate Brown |
| Publisher | : Policy Press |
| Total Pages | : 248 |
| Release | : 2016-12-14 |
| Genre | : Political Science |
| ISBN | : 1447318188 |
Download Vulnerability and Young People Book in PDF, ePub and Kindle
Policies to assist or protect vulnerable youth play a crucial role in welfare and criminal justice processes, but what role does the discourse surrounding these policies play in how they are put into action? Bringing together real-life examples with academic and practical applications, this book explores the implications of a "vulnerability zeitgeist" in policy and practice. It draws on in-depth research with marginalized young people and the professionals who support them to question whether the rise of the concept of vulnerability serves the interests of those who are most disadvantaged. Vulnerability and Young People will be important reading for scholars, students, and policy makers interested in the care and protection of young people.
| Author | : |
| Publisher | : |
| Total Pages | : |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
Download Workshop on Childhood, Vulnerability and Resilience: December 11-12, 2015 Book in PDF, ePub and Kindle
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 752 |
| Release | : 2020-02-07 |
| Genre | : Law |
| ISBN | : 0190694408 |
Download The Oxford Handbook of Children and the Law Book in PDF, ePub and Kindle
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.
| Author | : Poltorak JARON |
| Publisher | : |
| Total Pages | : 412 |
| Release | : 2021-04 |
| Genre | : |
| ISBN | : 9783631841525 |
Download Women Children (other) Vulnerable Grouhb Book in PDF, ePub and Kindle
In an era of almost boundless individual opportunities, vulnerability, paradoxically, has gained significant attention. Undoubtedly this book significantly contributes to the debates on this very complex phenomenon, dealing with both the specific aspects of vulnerable individuals and groups' legal positions, as well as presenting the concept of vulnerability in international law. This book brings together scholars engaging with legal and actual positions of women, children and other vulnerable persons. Authors in detail discuss - among others - such issues as: political violence, motherhood in prison, age assessing of foreigners, infanticide or exclusion of the elderly. It will be of interest for academics in the fields of law and sociology, as well as vulnerability-oriented practitioners.
| Author | : Julie Wallbank |
| Publisher | : Routledge |
| Total Pages | : 296 |
| Release | : 2013-11-26 |
| Genre | : Law |
| ISBN | : 1136003444 |
Download Vulnerabilities, Care and Family Law Book in PDF, ePub and Kindle
While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.
