[DOWNLOAD] "Judging the Judges: Are They Adopting the Rights Approach in Matters Involving Children?" by Melbourne University Law Review ~ Book PDF Kindle ePub Free

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eBook details

• Title: Judging the Judges: Are They Adopting the Rights Approach in Matters Involving Children?
• Author : Melbourne University Law Review
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 399 KB

Description

[There are increasing calls for judges to take children's rights seriously. However, the problem with such calls is that they invariably fail to address the factors that undermine the capacity of a judge to engage with children's rights. This article seeks to respond to this gap in the literature. It offers a model of children "s rights which is grounded in the provisions of the United Nations Convention on the Rights of the Child. It then examines domestic, regional and international case law and concludes that the current treatment of children's rights by judges can generally be located along a spectrum that ranges from the "invisible' to the 'substantive '. In between these extremes lie approaches that are classified by the author as 'incidental', 'selective', 'rhetorical' or 'superficial'. All of these approaches, other than the substantive, tend to overlook, marginalise or misuse the notion of children as rights-bearers. In contrast, the adoption of a 'substantive' rights approach reflects a vision of children's rights that is consistent with the CRC. In the final section of the paper, the author considers the extent to which a judge's ability to engage with this model of children's rights is constrained by considerations such as precedent and domestic legislative frameworks. Drawing on the work of Jeremy Waldron and Ronald Dworkin, the author argues that the significance of these constraints is often overstated. He concludes that the growing recognition and acceptance of children's rights within society provide greater opportunities for judges to develop and act upon interpretative theories that are receptive to and grounded in the values that underlie the substantive model of children's rights under the CRC.] I INTRODUCTION

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