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This book contains an exhaustive overview of the historical, legislative, executive, and judicial processes relating to juvenile justice and identifies the parameters and constraints of the juvenile justice system in India. ... Read more

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This is a collection of essays which focus on subjects such as: the rights of children, cultural diversity and private international law; children's rights in Islamic law; children's rights in Israel and Palestine; and traditional values in English youth justice in the 1990s. ... Read more

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With the increased emphasis in law on children's rights, this work examines, in depth, children's rights, their representation and welfare in family proceedings. Covering the statutory framework, representation in both public and private law proceedings, and the development of child welfare policy in general, it is an invaluable guide for all lawyers and welfare professionals dealing with children.* Explains how the law was devised and the reasoning behind it * Runs step-by-step through the representation process * Supplies essential background on local authority policies and practices ... Read more

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The idea of children having rights dates to the 1970s, to the time when Hillary Rodham commented that such rights were a slogan in search of a definition. These essays explore how far the rights of children have advanced over 30 years. ... Read more

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This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law. ... Read more

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This book addresses the law and practice in Scotland and its significance for children, parents and their legal, and other, advisers. Children's Rights in Scotland analyses child law in the light of international conventions and, in particular, The European Convention on Human Rights and the United Nations Convention on the Rights of the Child.The 3rd edition has been comprehensively revised to take into account recent developments and new chapters have been added to cover immigration and asylum, the protection of children from sexual exploitation and children and the media. ... Read more

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Children's human rights are regularly violated around the world. We hear about graphic examples including child soldiers, child prostitutes, and children sold into slavery, but hungry, sick, and orphaned children are equally at risk and more prevalent. In the United States, children suffer similar abuses, but some are unique to the U.S. justice system. Unlike most of the rest of the world, the U.S. is a well-developed western nation in which juvenile offenders can be tried as adults and sentenced to death. This book brings together a wide array of original essays from a variety of academic and practitioner perspectives on human rights and the status of children. The details are disturbing; the message, powerful: We must vigorously extend the Universal Declaration of Human Rights to the most vulnerable humans of all--the children of the world, starting at home in the United States. ... Read more

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The book presents the first sustained theoretical analysis of what rights children should possess in connection with state decision making about their personal relationships which the state does in numerous aspects of family law, including paternity, adoption, custody and visitation, termination of parental rights, and grandparent visitation. It examines the nature and normative foundation of adults' rights in connection with relationships among themselves and then assesses the extent to which the moral principles underlying adults' rights apply also to children. It concludes that the law should ascribe to children rights equivalent (though not identical) to those which adults enjoy, and this would require substantial changes in the way the legal system treats children, including a reformation of the rules for establishing legal parent-child relationships at birth and of the rules for deciding whether to end a parent-child relationship. ... Read more

Customer Reviews (1)

Who is looking out for the child?
James Dwyer is perhaps the foremost scholar on children's rights in the United States. This book only adds to his accomplishments. The current legal system does more to protect parents who abuse and neglect their children than it does to protect the children. We force children to be in relationships that are to their detriment that they would never choose for themselves.

Dwyer's ideas may seem radical, but his methodical arguments leave little doubt at their conclusion. To his credit he addresses counterarguments to his position that are substantive, rather than merely strawmen. In the process he gives one of the best overviews of the topic individual autonomy that I have seen.

For anyone who works to protect children, this book is required reading. When it comes to doing what is best children, our society talks a good game but does little service. The system is fundamentally flawed: this book shows the flaws and how to fix them. ... Read more

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Nadya Suleman conceived fourteen children using artificial insemination. Michael Jackson and Clay Aiken became fathers using surrogates. These and other high profile cases have shined the spotlight on the need to insure that children have adults who are financially responsible for providing for them. As the number of ways to create a family has increased, the number of legal classes of children has expanded. That expansion has impacted the inheritance system. The Inheritance Rights of Children in the United States focuses upon the inheritance rights of the following classes of children: marital children, adopted children, non-marital children, stepchildren, posthumously conceived children, children conceived by artificial insemination, and children conceived under surrogate arrangements. It uses cases, statutes, and problems to highlight the legal issues that have arisen due to the existence of so many classes of children. This book is appropriate for use as the primary text for both classes and seminars. ... Read more

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A practical guide to dealing with children involved in family law disputes and advising children as clients. Children can and do appoint their own solicitors for matters regarding family law, education and welfare. Given the increasing awareness of, and emphasis on children's rights through the enforcement of the Children (Scotland) Act 1995 and particularly with the introduction of the Human Rights Act 1998, this trend is likely to continue. This book sets out, in an accessible way, practical steps to promote child-centred practice e.g. during litigation, with an emphasis on court procedures, drafting letters, styles, interviews and the role of the curators. ... Read more

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This collection presents nearly 100 international and regional instruments, all of which contributed to the U.N. Convention on the Rights of the Child. It contains virtually all modern international legal initiatives on the abduction, repatriation, adoption, and civil registry of minors, as well as conventions on crimes committed by minors, the legal capacity of minors, and humanitarian law with regard to minors. ... Read more

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This volume constitutes a commentary on Article 34 of the United Nations Convention on the Rights of the Child. It is part of the series, "A Commentary on the United Nations Convention on the Rights of the Child", which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children's rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office. ... Read more

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This book examines the state of 'rights-talk' about children in the U.S. and compares it with developments in other countries where, it is argued, the idea that children should have rights is more widely accepted and more vigorously implemented. The collection rigorously explores the presence, participation, and treatment of children in many contexts of U.S. society. Using international human rights norms as a touchstone, it examines the balancing of relationships within the family; balancing relationships of family within society; and evolving norms of authority, discipline, and protection. Some of the chapters set forth the theoretical and practical debates about granting positive rights to children. Those rights will not only be shields against state misuses of power, but also constitute entitlements to basic social goods for children as a special and vulnerable class of citizens uniquely situated within the modern state. Other chapters argue that children are entitled to state protection against parental excesses and abuse of authority, as well as protection against unnecessary state intervention.In addition, by addressing religious images of the parent child relationships, the book highlights how fundamentalist religious beliefs invoking natural lines of authority within the family are in competition with a human rights paradigm, which views the child as separate to the extent that he/she may command specific child-centered policy. In its use of feminist legal theory this book provides a fresh and cogent look at these issues. ... Read more

Customer Reviews (1)

New Book Explores Competing Paradigms in Children's Rights
A new book edited by the Karen L. Worthington, a senior fellow at the Center for the Study of Law and Religion (CSLR) of Emory University, and Emory's Robert W. Woodruff Professor of Law Martha Albertson Fineman questions whether the United States is treating children properly by refusing to ratify the UN Convention on the Rights of the Child (CRC). The United States is the only country other than Somalia that has not ratified the CRC.

A product of the CSLR's The Child in Law, Religion, and Society project and the Feminism and Legal Theory Project of Emory Law, What is Right for Children? (Ashgate Publishing, 2009) tackles each argument for and against the CRC's ratification and offers reasons why the CRC should be ratified despite opposition to it. Divided into three sections, the volume explores children's rights as human rights, U.S. children in legal context, and children internationally within the context of human rights.

In the human rights section, Emory Law Professor Barbara Bennett Woodhouse and New York Attorney Karen A. Johnson make a compelling argument for how parents should administer children's rights. They address opposition that comes mostly from religious groups who fear children's rights will infringe upon parents' rights and authority. To ease these concerns, Woodhouse and Johnson suggest that parents compare the CRC to a trust fund. Parents act as stewards over the fund although it belongs to the child. When money is added to the fund, the child becomes richer but the parent does not become poorer. Parents should "rightfully occupy a special role within the CRC scheme, as protectors, not oppressors, of children," they argue.

In the legal context section, George Washington University Law Professor Naomi Cahn makes the case for better financial support from the state for poor families. She focuses on the common misconception that children are placed in foster care because of abuse or neglect. Clarifying that in reality, children most often are removed from their homes because of unstable parental income, she points to the strong correlation between poverty and child abuse and neglect --children who live in families that make less than $15,000 per year are 45 times more likely to be abused or neglected.

Cahn asserts that respecting families should not mean jeopardizing children and their welfare. Instead, the rights of parents and children should be protected since they often overlap. And because children experience considerable trauma when removed from their families, she argues that the state should try to avoid that route when possible. "Emphasizing the child in context should result in allocating more resources for the child's successful return (or even better yet, for preventing removal altogether) and for allocating more resources to support families," she says.

Finally, in the international human rights section, Smith College Professor Alice Hearst discusses the human right violations that occur with transnational adoption. Since most international adoptions involve children of developing countries joining families of wealthier families in the West, questions arise about whether or not children have the right to develop or maintain cultural identities. She questions if these adoptions are fair to children since they have little say in the decision to come to the United States, where they have to adjust to a completely different culture. And because most of these adoptions are closed, unlike domestic adoptions, birth parents cannot influence where their children go. What's more, the communities they come from are generally indigenous and of the minority groups in their countries, which has resulted in more adoptions from these minority communities than the other general population.

"The practice of transnational adoption, in its largest sense, is about belonging, and that raises quintessentially political questions," she writes. And although there are no straightforward answers to these questions, she urges that they be explored for the protection of the children involved.

Overall, the book urges U.S. policymakers to rethink children's rights from a secular viewpoint so that children are provided greater and more reliable protections. "In other countries the lines drawn historically to balance authority over children between family and state have been substantially redrawn and they have moved beyond the traditional notions confining the family and afford greater protection and support for the child as an individual," writes Fineman.

Fineman is the director of Emory Law's Feminism and Legal Theory Project, and Worthington is the director of Emory Law's Barton Child Law and Policy Clinic.

***

The Center for the Study of Law and Religion (CSLR) at Emory University is home to world-class scholars and forums on the religious foundations of law, politics, and society. It offers first-rank expertise on how the teachings and practices of Christianity, Judaism, and Islam have shaped and can continue to transform the fundamental ideas and institutions of our public and private lives. The scholarship of CSLR faculty provides the latest perspectives, while its conferences and public forums foster reasoned and robust public debate. ... Read more

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The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition.Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

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Millions of fathers are currently in the fight of their lives:the fight for custody of their children. Many wonder if they will everagain be an important part of their children's lives. With thislandmark book, renowned men's rights attorney Jeffery Leving leadsfathers through every twist and turn of the legal system, offeringmeaningful advice to save years of anguish and possibly thousands ofdollars.

This authoritative and accessible book covers every aspectof the custody process, including protecting the parent/childrelationship as a breakup occurs; determining when to settle and whento litigate; techniques for dealing effectively with psychologists,social workers, and other domestic relations expert; and much more.

Illustrated with vivid real-life examples, Jeffery Leving and KennethDachman's practical guide is essential reading for the scores ofAmerican Fathers routinely excluded from their children's lives bya biased legal system in which avarice and recrimination too oftenoverwhelm compassion and justice.Amazon.com Review
Jeffery Leving has spent more than a decade in the trenches ofdomestic law. From that perspective, he gives men embroiled in custodydisputes a powerful and impassioned voice in Fathers Rights.Arguing that men are disenfranchised and stigmatized by a biased legalsystem, Leving promises help through such difficulties as findingempathetic attorneys, avoiding unhealthy custody arrangements,protecting the child-parent relationship, and remaining financiallysolvent. Included is advice on how to demonstrate parental competencewhen falsely accused of abuse.

Writing with passion for theplight of an under-represented population in the domestic drama,Fathers' Rights offers sound, step-by-step council and a roadmap through the complex terrain of family law. "Too often adangerous free-fall ensues," Leving writes, speaking of divorce'saftermath. "At every step in the divorce process, the legalsystem deepens marital wounds, serving up revenge and recriminationmuch more often than it dispenses compassion and justice." It isLeving's mission to right the wrongs caused by divorce court. ... Read more

Customer Reviews (33)

Good basic help
I was specting more information and more details from this author. Seems like no one can really take the guts to talk open about it.
This book is ok for someone with cero information.

Just what men want to hear
Why don't men just clean up their act and redefine what a "man" is?

A healthy "man" enjoys internet porn, objectifies young women, is aggressive, non emotional and works many hours.A normal man cant handle being around his kids 24/7 and raising them.

US Men are the animals who finance the worlds child sex slave trafficking industry.Men are the pedophiles in society.Men have molested countless little girls through time.Men expose themselves in public as a matter of routine.

The saying is men think with their ____s.

Now you want the courts to ignore all that men do and give you a fair shake as a mother?

A man can never be a mother.Men need to behave better and be trustworthy around children.Men can't be men and be mothers.No other male mammal wants anything to do with it's offspring.It isn't natural.It's how it is.Stop complaining when it doesn't go the way you men like it and made it!

Keep buying these books and thinking you can be a mother or replace a mother.As a parent, especially to girls,men are inferior, IN GENERAL.

Great info!!!
This book was written by the co-author on the joint custody bill in IL. There is a ton of great information and I highly recommend this to any father involved in an ugly litigious divorce. I wasn't seeing my daughter but after applying some tactics in here I have her every other weekend and monday and wednesday nights. Above all turn to God, he will help you more then anything. Best wishes.

GREAT BOOK!
I bought this book as reference material for an essay i was righting on father's rights and it was very helpful.I wish I would have read this book before going into my own custody battle.If anything, this book is great reading for any single father.

11-year-old book to fight for a 7-year-old child.
This is a sharp attorney who needs to bring this book into the 21st Century. I found several good ideas that seem to be making a difference.

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Legal and political rights-based analysis of how the US legal system affects American children. It examines the barriers to childsensitive public policy, and the true legal status of children with regard to poverty, education, health, special needs, child care, child abuse, juvenile crime and detention, reproductive rights, custody and civil liberties. Describing over 190 leading cases, and including probing commentaries and recent statistics, Child Rights & Remedies is a unique tool for anyone concerned about the wellbeing of the nation’s children. ... Read more

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With the narrative force of an epic novel and the urgency of first-rate investigative journalism, this important book delves into the daily workings and life-or-death decisions of a typical American family court system. It provides an intimate look at the lives of the parents and children whose fate it decides. A must for social workers and social work students, attorneys, judges, foster parents, law students, child advocates, teachers, journalists and anyone who cares about our nation's children.

Customer Reviews (9)

You Might Understand...
I've become an almost compulsive reader about our juvenile justice system and foster care since it seems the vast majority of the students I teach have some contact with at least one.In one school I taught at, at least 70% of the students were either in foster care, group homes or had a juvenile justice caseworker.For many of these kids, their child advocate (CASA is a fantastic organization) was the only person with their best interests at heart.
The more books I read, the more I realize that I'm reading the same thing over and over again, and seeing it in my classroom.The problem is that there doesn't seem to be a whole answer...One answer could be books like this that require the courts, and the system to open up their books so that outsiders can see what is going on. In this book, it seems as if services the children received were better than average, but that may be a perception I have from working in inner city areas where services are going to be less accessible to families in crisis.This book presents a fair, mostly even-handed look at the system, and the issues.It doesn't blame a particular group, but seeks to share the problems with everybody interacting in the system.This is a nice change from the often one-sided books that play the blame game.

A Must Read
I could not put this book down. If you are interested in learning how the system can help, or hinder, this is the book to read.

Fascinating and thoughtful look at a complex system
This book kept me up every night for the past week until I finished it.A fascinating and thoughtful look at the juvenile dependency and delinquency systems, the authors get it right.Told mostly through vignettes of families representative of typical child welfare families, the authors deftly illustrated the complexities of "the system,"fairly documenting the strengths and failures.Considering that child welfare is what I've been doing for 5 1/2 years, I wasn't bored with the book or angered at any misrepresentations.Rather, I was pleased to see how well-researched and unbiased the piece was.Further, it reminds me that the complexities are what have kept me in the field so far.

The book is a bit dated -- methamphetamines have overtaken crack cocaine as a drug of choice for most child welfare families, and timelines for reunfiication have shrunk.Further, Monterey County (where I work), at least, has greatly improved how it does sexual abuse forensic interviews.I got a bit bogged down in the delinquency section when it became less vignette-based and more pedanctic, finding that the vignettes were better conveyors of information.Overall, though, this was an outstanding book and one which I will give to my boyfriend and parents to read.Anyone interested in child welfare should read this book for an understanding of a system that will never and cannot be black or white.

An excellent book!
I randomly came across this book in the library while looking up something else.I thumbed through it a bit and then ended up checking it out and taking it home, where I have proceeded to read it almost constantly over the last couple of days (with occasional breaks for comparatively less compelling things like eating, sleep, class, and hanging out with friends).I'm always a bookworm and am used to becoming absorbed in what I read.However, this is the first time in quite awhile that I've been so caught up in a book, particularly a non-fiction book.

I like this book so much because the authors worked hard at giving a thorough and unbiased look at the juvenile justice system and the kids stuck in that system.Of course, remaining completely unbiased is impossible; however, they tried to give a variety of points of view.They also tried to keep from vilifying any one group (parents, children, social workers, judges, police, the community, and so on), while still indicating the complexity of the problem.Case-studies were carefully chosen not to be sensational, but rather to exemplify the typical issues dealt with by kids in the justice system.Finally, they interspersed the information from the case studies with general information about the law, the way such cases are usually handled, and so on, then applied this new information that they had given back to the case study.This made it possible to learn a great deal about the system in general, while keeping it interesting because you could see the immediate application to one particular kid that you had learned about.This added to the book's general readability.All in all, this book is an excellent, well-written book that has the possibility of moving us a long way towards an understanding of these complex issues.

Compulsively Readable
This is a textbook of the juvenile dependency system that reads like a page-turner novel. I was unable to put it down for 2 days. The authors' treatment of their material is even-handed and true-to-life.I have worked for the past 4 years as a Court-Appointed Special Advocate and Guardian Ad Litem for these children in my local juvenile court and the cases featured in the book closely mirror the actual cases I've seen over and over again in the courts.The book raises problems in the system to which there are no easy answers, and the authors don't attempt to offer any simplistic solutions:What does the system do with severely emotionally disturbed kids who blow through one placement after another?How do you know when to give up on parents and terminate parental rights?Do you wait until the child's crucial childhood years are mostly over, waiting for the parents to get their act together?How do we place children in good homes when there is such a shortage of foster and adoptive families?I urge anyone interested to get involved with the system as a volunteer.There are over 700 advocate programs around the country and the minimum time commitment is only 12 hours a month. ... Read more