Rewriting Children’s Rights Judgments: From Academic Vision to New Practice
- Submitting institution
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The University of Liverpool
- Unit of assessment
- 18 - Law
- Output identifier
- 16164
- Type
- B - Edited book
- DOI
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- Publisher
- Hart
- ISBN
- 978-1782259251
- Open access status
- -
- Month of publication
- November
- Year of publication
- 2017
- URL
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- Supplementary information
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- Request cross-referral to
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- Output has been delayed by COVID-19
- No
- COVID-19 affected output statement
- -
- Forensic science
- No
- Criminology
- No
- Interdisciplinary
- No
- Number of additional authors
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2
- Research group(s)
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-
- Proposed double-weighted
- No
- Reserve for an output with double weighting
- No
- Additional information
- Children's Rights Judgments Project was funded by the AHRC (2015-2017) and co-led by the authors. The contributors revisited existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafted these judgments from a children’s rights perspective. Whilst the project adopts an existing legal methodology (that of judgment re-writing previously developed in a feminist context), it is innovative in several ways. First, it is the only project so far to attempt to bring children’s rights theories, law, principles and methods to bear on the re-written versions. It is also more ambitious than other judgment-writing projects in terms of its jurisdictional scope (14 jurisdictions) and the number of cases (28) included. Whilst chapters two and three set the scene - historically, methodologically, politically, constitutionally and culturally - for the project, they also make substantial and unique contributions in their own right to research on judges and children's rights, and directly inform how the contributors frame their contributions. Chapter two confronts the highly contested nature of children’s rights and their struggle to gain traction in legal practice. It draws on a substantial body of international and multidisciplinary research (political science, psychology, sociology, jurisprudence, legal theory and public law) to systematically tease out the tendencies, tensions and constraints which limit judges when deciding cases involving children. Chapter three develops an original framework to enable judges to address these limitations, comprising five strategies: (i) using children’s rights legal sources; (ii) using research (theory and empirical evidence) to inform questions and challenge presumptions; (iii) maximising children’s participation in legal processes; (iv) centralising the child’s voice and experience in the narrative of the judgment; and (v) communicating judgments directly to children.
- Author contribution statement
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- Non-English
- No
- English abstract
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