Child law : children's rights and collective obligations / Laura Westra ; with foreword by Roger Brownsword.
2014
K639 .W47 2014 (Map It)
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Details
Author
Title
Child law : children's rights and collective obligations / Laura Westra ; with foreword by Roger Brownsword.
Published
Cham ; Heidelberg ; New York ; Dordrecht ; London : Springer, [2014]
Copyright
© 2014
Call Number
K639 .W47 2014
ISBN
3319050702 (hbk. : alk. paper)
9783319050706 (hbk. : alk. paper)
9783319050706 (hbk. : alk. paper)
Description
xiii, 178 pages : illustrations (some color) ; 24 cm
System Control No.
(OCoLC)881609571
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
pt. I
Who Is the Child? Rights and Obligations in Conflict
1.
Who Is a Child? The Protection of Children's Rights
3
1.1.
Preamble
3
1.2.
The Status of Child Rights: Based on Interests?
5
1.3.
Globalization, Human Suffering and the Child
6
1.3.1.
Beyond and Before the Fetus: The Embryo and the Rights of the Child
7
1.3.2.
The Fetus as a Criminal Attacker
9
1.3.3.
The Child's Right to Protection in Law
11
1.4.
The Rights of the Child in Relation to the Mother
15
1.4.1.
Some Arguments Regarding the Right to Life of the Preborn in Common Law
17
1.4.2.
Arguments About the Possible Introduction of "Human Life Amendments" into Law
19
1.4.3.
Women's Rights to Privacy and Autonomy: Instruments and Cases
22
1.5.
Conclusions and Brief Outline of Chapters to Follow
26
References
28
2.
The Child's Life, Health and Development Rights
31
2.1.
Introduction
31
2.2.
Exclusion of the Child: Some of the Major Related Categories
32
2.2.1.
Most Vulnerable and Most Invisible: Endocrine Disruptors and the Preborn
34
2.2.2.
A "New Brach of Pediatrics": The Developing Field of "Children's Environmental Health"
37
2.2.3.
The Rights of the Child and of Future Generations: The Interface
40
2.3.
Endocrine Disruptors Against the Rights of the Child: Sources and Motives
41
2.3.1.
An Aside on Climate Change and Societal Values, Including Privacy
43
2.3.2.
Child Law and Accepted Societal Values
46
2.4.
Of Weeds and Bees and the Rights of the Child
50
2.4.1.
Concluding Thoughts About Bees
54
2.5.
A Woman's Right to Self-Defence and a Child's Right to Safe Development
54
2.5.1.
The Pregnant Woman's Right to Self-Defence as Justification for Killing in Criminal Law
56
References
59
3.
The Child's Right to Non-discrimination
63
3.1.
Introduction
63
3.2.
Selective Abortion: Discrimination and "Systematic Gendercide"
64
3.3.
The Invisible Child: Discrimination and the First Nations of Canada
65
3.3.1.
The Absent Child and Racial Discrimination
68
3.3.2.
Discrimination and Genocide: The Interface
72
3.3.3.
Racial Discrimination and the Children of Canada's First Nations: The Grassy Narrows and the White Dog Reserves of Northern Ontario
73
3.4.
The Child as Victim of Development
77
3.4.1.
The Right to Say "No" as the Right to Non-discrimination
81
3.5.
The Right to Health, the Child and an Alternative Perspective on Development
84
3.5.1.
The Rights of the Child in the Context of Present Damaged Public Health Institutions
86
3.5.2.
Conclusions
89
References
90
pt. II
Critical Lacunae in Child Law: Insufficient and Incomplete Instruments Regarding the Born Child
4.
Child Law in the International Context: Exploitation, Abuse and the Limits of Labour Laws
95
4.1.
Introduction
95
4.2.
The Invisible Child After Birth: Poverty and Survival in the Third World
96
4.2.1.
North v. South for Children's Rights: Exposures, Remedies and Obstacles
98
4.2.2.
The Rights of the Child Economic Migrant Seeking Refuge
101
4.3.
Poverty and Child Labour
103
4.3.1.
The Worst Forms of Child Labour. Slavery and Similar Practices
106
4.3.2.
Child Labour in International Law: The WTO and Harmful Labour Practices
107
4.4.
The Rights of the Child and Sexual Exploitation (ILO Convention 182, Article 3b)
112
4.4.1.
Canadians on Vacation and the Criminal Exploitation of Children
114
4.5.
Child Law and the Production and Trafficking of Drugs
117
4.5.1.
Children as Victims of Commercial Exploitation: The Case of Legal Substances
119
References
121
5.
Child Law: Conflicts, Violence and Forced Displacement
127
5.1.
Introduction
127
5.2.
A Clear Legal Prohibition; The Child Soldier's Presence in Conflicts
128
5.2.1.
The Child Soldier: Aspects of This "Worst" Kind of Child Labour
129
5.2.2.
The Difficult Road to Justice: The Crimes of a Head of State
131
5.3.
The Immunity of the US and Allies: Deformed Children from Vietnam to Fallujuah
134
5.3.1.
Depleted Uranium and Health Damages, from Kosovo to Fallujah and Gaza
137
5.3.2.
Children's Rights and the Responsibility of States for Internationally Wrongful Acts
139
5.4.
After the Conflict: The Child as a Refugee and Living in Concentration Camps
143
5.4.1.
The Living Conditions of Refugee Children
146
5.4.2.
An Overview of Water Issues and Water Law in the Region
148
5.4.3.
Palestinians in Refugee Camps
151
5.5.
Transitions
154
5.5.1.
Post Scriptum: An Absolutist Faced with an Unbearable Choice and Nagel's "Blind Alley"
155
References
157
6.
Concluding Thoughts and a Plea to Reconsider Legal Regimes Affecting the Child
163
6.1.
The Question of Applicable Standards in Law
163
6.2.
Rules, Principles, the Common Good and the Parens Patrias Doctrine
167
References
168
Index
171