The standard of the best interests of the child : a western traditon in international and comparative law / by Claire Breen.
2002
K639 .B74 2002 (Map It)
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Details
Author
Title
The standard of the best interests of the child : a western traditon in international and comparative law / by Claire Breen.
Published
The Hague ; New York : M. Nijhoff Publishers, [2002]
Distributed
Norwell, MA, U.S.A. : Sold and distributed in North Central and South America by Kluwer Law International
Copyright
©2002
Call Number
K639 .B74 2002
Former Call Number
Comp 332 B745 2002
ISBN
9041118519 (alk. paper)
Description
xii, 321 pages ; 25 cm.
System Control No.
(OCoLC)50252093
Bibliography, etc. Note
Includes bibliographical references (pages 289-308) and index.
Record Appears in
Table of Contents
Introduction
1
Ch. I
Introduction to the Standard of the Best Interests of the Child as a Tradition
9
Tradition, Law, and Society
10
Reinterpreting the Standard of the Best Interests of the Child: The Reconstruction of a Tradition
21
Ch. II
Traditions of the Western Child: The Social and Legal Constructions of Innocence and the Standard of the Best Interests of the Child
27
The Evolution of the Child as Innocent in Western Society
29
The Standard of the Best Interests of the Child: A Twentieth Century Tradition?
43
Rebutting the Standard of the Best Interests of the Child - The Identification of Alternative Traditions
53
The Best Interests of the Child and the Rights of the Child - A Conflict of Traditions?
67
The Best Interests Standard in International Law
77
Ch. III
Genital Impairment of the Girl-Child: Female Genital Mutilation within the Framework of the Best Interests of the Western Child
89
Genital Impairment of the Girl-Child: The Character and Consequences of the Practice of Tradition
91
Genital Impairment of the Girl-Child within the Framework of Women's Rights - A Tradition of Female Empowerment or Female Impairment?
99
Genital Impairment of the Girl-Child and Feminist Theory: Traditions of Impairment and Empowerment
113
Genital Impairment of the Girl-Child: Self-Determination or Subjugation? - The 'Right' Perspective
121
From Female Genital Mutilation to Genital Impairment of the Girl-Child
131
Ch. IV
Non-Interventionism, Parental Rights, and the Best Interests of the Child: Traditions Governing Child Protection Discourse in Ireland
141
Conflicting Traditions: The Standard of the Best Interests of the Child within the Irish Legal Framework
143
Child Care in Ireland: A Historical Tradition of Non-Interventionism
155
Best Interests and Child Protection within a Non-Interventionist Paradigm
163
The Emergence of a Discourse of Child Abuse and Neglect in Ireland: A Catalyst for Change?
173
Best Interests in the Irish Constitution: Incorporating a New Tradition of a Child-Centred Discourse
182
Ch. V
Death Row Kids and Philosopher-Kings: The Best Interests Standard and the Constitutionality of the Juvenile Death Penalty in the United States
195
The Tradition of Juvenile Justice in the United States: A Legal Response to a Social Problem
196
Juvenile Justice Waiver Provisions: Circumscribing the Tradition of Best Interests
206
Constitutional Interpretation of the Juvenile Death Penalty - 'Cruel and Unusual Punishment' or Merely 'Just Deserts'?
212
Death Row Kids and Philosopher-Kings: Traditions of Philosophy or of Politics?
228
Ch. VI
The Emerging Tradition of the Best Interests of the Child in the European Convention on Human Rights
241
The European Convention on Human Rights and Fundamental Freedoms
242
The Right to Respect for Family Life: A Weave of Traditions
245
Traditions in the Jurisprudence of Article 8: Subsidiarity, Interventionism, and the Best Interests of the Child
251
The Standard of the Best Interests of the Child Beyond Article 8
269
Conclusion
281
Bibliography
289
Index
309