Children and the European Union : rights, welfare and accountability / by Helen Stalford.
2012
KJC1018 .S73 2012 (Map It)
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Items
Details
Author
Title
Children and the European Union : rights, welfare and accountability / by Helen Stalford.
Published
Oxford ; Portland, Or. : Hart Pub., 2012.
Call Number
KJC1018 .S73 2012
ISBN
9781841137650 (pbk.)
1841137650 (pbk.)
1841137650 (pbk.)
Description
xxv, 252 pages ; 24 cm.
System Control No.
(OCoLC)216663170
Bibliography, etc. Note
Includes bibliographical references (pages [231]-248) and index.
Record Appears in
Table of Contents
Acknowledgements
vii
Table of Cases
xv
Table of Legislation
xix
Introduction: Children and the European Union
1
1.
The Value and Scope of EU Action in Relation to Children
5
Introduction
5
Is There a Need for EU Action in the Field of Children's Rights?
5
The Added Value of EU Action in Relation to Children's Rights
7
The Strategic Importance of Investing in Children's Rights at EU Level
8
Valuing and Facilitating Children's Present Contribution to the EU
9
Does the EU have the Capacity to Regulate Children's Rights?
11
The EU's Institutional Capacity to Drive Children's Rights Forward
11
The Importance of a Reliable Evidence Base
14
Key Dynamics Shaping the Development of Children's Rights at EU Level
15
Defining the Boundaries between EU Action and Domestic Action in the Field of Children's Rights
19
Defining `Child' under EU Law
20
`Child' as an Age-Based Construct under EU Law
21
`Child' as a Biological Construct under EU Law
23
`Child' as a Dependency-Based Construct under EU Law
24
Conclusion
25
2.
The Ideology of EU Children's Rights
27
Introduction
27
Defining a Rights-Based Approach to Regulating Children's Lives
28
The Legal Currency of Fundamental Rights at EU Level
30
Sources of Children's Rights at EU Level
31
The UNCRC as an EU Children's Rights Tool
32
The Legal Status of the UNCRC at EU Level
33
The ECHR as a Children's Rights Tool
36
Children's Rights and the Charter of Fundamental Rights of the European Union
39
The EU's Capacity to Advance Children's Rights: A Question of Competence
44
Additional Conceptual Frameworks for Pursuing Children's Rights at EU Level
47
EU Citizenship as a Children's Rights Mechanism
47
Non-Discrimination as a Normative Framework for Pursuing Children's Rights
50
Using EU Non-Discrimination Law to Protect Children's Rights
52
Social Inclusion as a Framework for Protecting Children's Rights
55
Conclusion
57
3.
Children, Family Life and EU Migration Law
59
Introduction
59
Adopting a Rights-Based Approach to Migrant Children's Family Life
60
The Nature and Scope of Children's Family Rights under EU Migration Law
62
Conceptualisations of `Child' and `Family' under EU Migration Law
63
The Family Rights of Third Country Nationals under EU Law
65
Restrictions on Children's Rights under Immigration Law
68
The Importance of `Dependency' in Determining Migrant Children's Family Rights
72
Extricating Children's Family Rights from the Economic/Self-Sufficiency Nexus?
74
The Nature and Scope of `Separated' Children's Rights under EU Immigration Law
78
The Importance of Detaching Children's Migration Status from that of their Family
81
Situating Children within Migration Research
83
Conclusion
87
4.
Children's Rights under EU Family Law: Custody, Access and Parental Child Abduction
89
Introduction
89
The Scope of and Reasons for EU Family Law
90
The Position of Children in the Divorcing Family: Sociological Perspectives
92
The Evolution of EU Family Law Regulating Divorce and Parental Responsibility
95
The Nature and Scope of Children's Rights Provision under the Brussels IIbis Regulation
97
EU Family Law and the Best Interests Principle
100
The Content and Scope of the Best Interests Principle under Brussels IIbis
101
The Growing Prominence of Best Interests in Child Abduction Cases? Reconciling Neulinger and Zarraga
104
Brussels IIbis and the Voice of the Child
108
Age and Capacity as a Barrier to Child Participation
113
Divergence Between National Child Consultation Procedures
114
Child Participation and the Six Week Deadline in Child Abduction Cases
116
Conclusion
116
5.
Maintenance, Mediation and the Future of EU Family Law
119
Introduction
119
Enforcing Child Maintenance Cross-Nationally
119
EU Legal Framework Governing Cross-National Child Maintenance
122
Towards Harmonisation of Family Law? The New Rules on Applicable Law
124
Is the EU Maintenance Regulation Compatible with Children's Rights?
126
Recovery of Child Maintenance under EU Free Movement Law
128
EU Developments in the Field of Family Mediation
129
Achieving Effective Cross-National Mediation
131
EU Mediation Directive
133
Mediation: Empowering Adults but Disempowering Children?
134
Problems of Enforcing Mediated Agreements Relating to Children
135
Is a Separate Legal Instrument Governing Cross-Border Mediation Necessary?
137
Children, the Lisbon Treaty and the Future of EU Family Law
138
Conclusion
141
6.
Education, Children's Rights and the EU
143
Introduction
143
The Source and Scope of Children's `Right' to Education
144
The Nature and Scope of Children's Educational Rights under EU Education Law and Policy
146
Upholding Children's Educational Rights as an Aspect of the EU's Social Agenda
147
EU Education Policy and the Open Method of Co-ordination
149
Promoting Children's Agency through EU Education Measures: Active Citizenship and Children's Personal Development
151
Children's Educational Rights under EU Migration Law
153
The Limitations of a Basic `Equality of Access' Approach to Education
155
Beyond a Basic Access: Rights for Migrant Children
157
Upholding Educational Rights through the EU's Equality Framework
158
Tackling Discrimination in Education on Grounds of Disability
159
Tackling Discrimination in Education on Grounds of Ethnicity: Roma
161
Conclusion
165
7.
Child Protection and EU Law
167
Introduction
167
An Overview of the Legal and Policy Framework Underpinning EU Child Protection Measures
168
EU Child Protection Legislation
171
EU Efforts to Combat Child Trafficking
171
Child Protection Law and the EU Internal Market
173
EU Child Sexual Exploitation and Abuse Legislation
174
The Development of an EU Child Protection Infrastructure
174
Added Value or Empty Rhetoric? Assessing the Effectiveness of EU Action in the Field of Child Protection
177
Is EU Child Protection Legislation Compatible with Children's Rights?
177
Added Value of EU Intervention in International Child Protection
181
The Enforceability of EU Child Protection Measures
183
Adopting a Multi-Levelled, `Roots and Branches' Approach to Child Protection
185
Importance of Cross-Departmental and Cross-Institutional Collaboration in Child Protection
188
Enhancing the Knowledge Base
189
The Future of EU Child Protection
193
Conclusion
195
8.
Children's Rights and EU Enlargement
197
Introduction
197
Membership `Conditionally' as a Mechanism for Promoting Children's Rights
198
Children's Rights and the Political Criteria: Using Human Rights `Conditionality' to Enhance Children's Rights
199
The Importance of Context in Applying EU's Human Rights Conditionality
202
The Selective Nature of EU Human Rights Conditionality
205
Children's Rights and the Economic Criteria
206
Children's Rights and the Legal Criteria
207
Complementing EU Conditionality with Action `On the Ground'
210
Upholding Children's Rights Post-Accession
211
Acceding to What? Scrutinising the Quality of the EU Children's Rights Measures to which Accession States are Expected to Conform
213
The Mixed Blessing of Enhanced Mobility Rights Following EU Accession
215
Sustaining Children's Rights Protection in the Post Accession Environment
216
Ask Not What the EU Can Do for Children's Rights in the Accession States, But What the Accession States Can Do for Children's Rights in the EU
219
Conclusion
220
Conclusion: The Future of Children's Rights in the European Union
222
The EU's Flawed Conceptualisation of Children's Rights: From Subversion to Insertion to Perversion
223
The Hegemony of the Child Protection Agenda at EU Level
224
More Than Just a Website: Children's Participation in the EU
225
Square Pegs and Round Holes?: Expectations of the EU's Role in Relation to Children's Rights
226
The EU as Regulator, Co-ordinator and Supporter
226
Institutional, Procedural and Political Blockages
227
Achieving Better Accountability---For What and to Whom?
228
Bibliography
231
Index
249