This book presents an integral, cross-cultural reflection on the social reality of children's rights and citizenship, giving an insight into new perspectives on the history and different concepts of children's rights in a contextualized and localized manner.

A comprehensive legal inquiry into children's rights and business, drawing on insights from various disciplines, enriched by in-depth case studies.

In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).

In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).

This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024.

In 1993, the nation exploded into anti-same sex marriage fervor when the Hawaii Supreme Court issued its decision to support marriage equality for gay and lesbian couples. Opponents feared that all children, but especially those raised by lesbian or gay couples, would be harmed by the possibility of same-sex marriage, and warned of the consequences for society at large. Congress swiftly enacted the Defense of Marriage Act, defining marriage as between a man and a woman, and many states followed suit. Almost a decade before the Hawaii court issued its decision, however, several courts in multiple states had granted gay and lesbian couples co-parenting status, permitting each individual in the couple to be legally recognized as joint parents over their children. By 2006, advocates in half the states had secured court decisions supporting gay and lesbian co-parenting, and incurred far fewer public reprisals than on the marriage front. What accounts for the stark difference in reactions to two contemporaneous same-sex family policy fights? In Below the Radar, Alison Gash argues that advocacy visibility has played a significant role in determining whether advocacy efforts become mired in conflict or bypass hostile backlash politics. Same-sex parenting advocates are not alone in crafting low-visibility advocacy strategies to ward off opposition efforts. Those who operate, reside in, and advocate for group homes serving individuals with disabilities have also used below-the-radar strategies to diminish the damage cause by NIMBY ("not in my back yard") responses to their requests to move into single-family neighborhoods. Property owners have resorted to slander, subterfuge, or even arson to discourage group homes from locating in their neighborhoods, and for some advocates, secrecy provides the best elixir. Not every fight for civil rights grabs headlines, but sometimes, this is by design. Gash's groundbreaking analyses of these strategies provide a glimpse of the prophylactic and palliative potential of low-visibility advocacy.

How can children grow to realize their inherent human rights and respect the rights of others? This book explores this question through children's literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. The authors investigate children's rights under international law - identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights - and consider the way in which those rights are embedded in children's literature. This book traverses children's rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them.

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children’s Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children’s fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states. .