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The Oxford Handbook of Children's Rights Law

The Oxford Handbook of Children’s Rights Law


The Oxford Handbook of Children’s Rights Law

Oxford Handbooks

Edited by Jonathan Todres and Shani M. King

ISBN: 9780190097608 (Hardcover)
Publicado: 10 April 2020
Páginas: 800

Children’s rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field’s core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children’s rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world’s population and every human being’s first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood–from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children’s rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children’s rights in which we need more critical evaluation and assessment of the CRC and the large body of children’s rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children’s rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children’s rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children’s rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children’s rights law.


Preface – Martha Minow

Introduction – Jonathan Todres and Shani M. King

I. Historical and Theoretical Framework

Chapter 1. Images Toward the Emancipation of Children in Modern Western Culture – Gertrud Lenzer
Chapter 2. The Evolution of the Children’s Rights Movement – Jo Becker
Chapter 3. Taking Children’s Human Rights Seriously – Michael Freeman
Chapter 4. The Interrelated and Interdependent Nature of Children’s Rights – Savitri Goonesekere

II. Perspectives and Methods

Chapter 5. A Child-centered Approach to Children’s Rights Law: Living Rights and Translations – Karl Hanson and Olga Nieuwenhuys
Chapter 6. A Socio-Ecological Model of Children’s Rights – Tali Gal
Chapter 7. Critical Race Theory and Children’s Rights – Natsu Taylor Saito and Akilah J. Kinnison
Chapter 8. Feminist Legal Theory and Children’s Rights – Meredith Johnson Harbach
Chapter 9. Intersectionality and Children’s Rights – Jessica Dixon Weaver

III. Substantive Legal Areas

Chapter 10. The Best Interests of the Child – Wouter Vandenhole and Gamze Erdem Türkelli
Chapter 11. Citizenship and Rights of Children – David B. Thronson
Chapter 12. The Child’s Right to Family – Barbara Bennett Woodhouse
Chapter 13. Child Participation – Jaap Doek
Chapter 14. Juvenile Justice – Ton Liefaard
Chapter 15. Placing Children’s Freedom from Violence at the Heart of the Policy Agenda – Marta Santos Pais
Chapter 16. Continuing Dilemmas of International Adoption – Twila L. Perry
Chapter 17. Economic and Labor Rights of Children – Manfred Liebel
Chapter 18. The Health Rights of Children – Ursula Kilkelly
Chapter 19. Revisiting the three ‘R’s in order to realize children’s education rights: Relationships, Resources and Redress – Laura Lundy and Amy Brown
Chapter 20. Poverty and Children’s Rights – Aoife Nolan
Chapter 21. Situating the Rights vs. Culture Binary within the Context of Colonial History in Sub-Saharan Africa- Afua Twum-Danso Imoh
Chapter 22. Climate Change & Children’s Rights – Christine Bakker

V. Selected Individual and Institutional Actors

Chapter 23. Taking Part, Joining In, and Being Heard? Ethnographic Explorations of Children’s Participation – Perpetua Kirby and Rebecca Webb
Chapter 24. National Human Rights Institutions for Children – Gerison Lansdown
Chapter 25. Examining the UN Committee on the Rights of the Child through the Lens of Caste- and Descent-based Discrimination – Philip E. Veerman

VI. Selected Populations

Chapter 26. Embracing Our LGBTQ Youth: A Child Rights Paradigm – Berta Esperanza Hernández-Truyol
Chapter 27. Indigenous Children – Addie C. Rolnick
Chapter 28. Children with Disabilities: Achievements, Prospects, and Challenges Ahead – Maya Sabatello and Mary Frances Layden
Chapter 29. Independent Children – Julia Sloth Nielsen and Katrien Klep
Chapter 30. Trafficked Children – Mike Dottridge
Chapter 31. Children in Armed Conflict – Mark Drumbl
Chapter 32. Working Towards Recognition of the Rights of Migrant and Refugee Children – Sarah Paoletti

VII. Conclusion

Chapter 33. Human Rights Education: Educating about Children’s Rights – R. Brian Howe and Katherine Covell Chapter 34. Children’s Rights in the Twenty-First Century: Challenges and Opportunities – Jonathan Todres and Shani M. King


Jonathan Todres is Distinguished University Professor and Professor of Law at Georgia State University College of Law.

Shani M. King is Professor of Law and the Director of the Center on Children and Families at the University of Florida Levin College of Law.


Christine Bakker, PhD, European University Institute, Florence, is an international lawyer specializing in human rights law including children’s rights, international environmental law, and climate change.

Jo Becker is a child rights activist with over twenty years of experience working for human rights and social justice.

Amy Brown is a PhD candidate in the Centre for Children’s Rights at Queen’s University, where she is exploring young people’s right to be heard in schools and how this right is implemented and realized in practice.

Katherine Covell, Ph.D., is Professor Emerita of Psychology and the former Executive Director of the Children’s Rights Centre at Cape Breton University.

Mike Dottridge has worked in the human rights field for four decades. He was employed by two human rights NGOs: Amnesty International (1977 to 1995), focusing on sub-Saharan Africa, and Anti-Slavery International, where he was director from 1996 until 2002. Since 1995 he has focused on the rights of adults and children subjected to economic or sexual exploitation, working independently since 2002, undertaking evaluations and institutional learning exercises for both international organizations and NGOs.

Jaap E. Doek is an Emeritus Professor in Family and juvenile law at the VU University and an extra-ordinary Professor in Children’s Rights at the Anton de Kom University of Suriname. He is the special legal advisor of ECPAT and is a member of the board of various international NGOs e.g. the African Child Policy Forum and Child Helpline International.

Mark Drumbl is the Class of 1975 Alumni Professor at Washington & Lee University School of Law, where he also serves as Director of the Transnational Law Institute.

Michael Freeman, Emeritus Professor of Law, University College London.

Tali Gal, PhD, is Senior Lecturer and Head, School of Criminology, the University of Haifa.

Savitri Goonesekere is Emeritus Professor of Law University of Colombo Sri Lanka.

Karl Hanson is Full Professor in Public Law at the University of Geneva in Switzerland and the Deputy Director of the University of Geneva’s Centre for Children’s Rights Studies.

Meredith Johnson Harbach is Professor of Law at the University of Richmond School of Law, where she teaches courses in Family Law, Children & the Law, Reproductive Justice, and Civil Procedure, and supervises the Family Law Certificate Program.

Berta Esperanza Hernández-Truyol is an international human rights scholar who utilizes an interdisciplinary and international framework to promote human well-being around the globe.

R. Brian Howe, PhD, is a professor emeritus (political science) at Cape Breton University.

Ursula Kilkelly is a Professor of Law at the School of Law, University College Cork where she teaches Children’s Rights on the LLM Children’s Rights and Family Law.

Shani King is a Professor of Law and Director of the Center on Children and Families at the University of Florida Levin College of Law.

Akilah Kinnison, J.D., LL.M., University of Arizona (2012, 2013), is an Assistant Professor of Law at the University of Arizona’s James E. Rogers College of Law, where she is part of the faculty of the Indigenous Peoples Law & Policy Program.

Perpetua Kirby, PhD, is currently a Research Associate at the University of Sussex, where she co-convenes a course on the BA in Child and Youth Studies, and is also an independent research consultant.

Katrien Klep, LLM, is assistant professor of children’s rights at the Department of Child Law at Leiden University.

Gerison Lansdown was the founder director, 1992-2000, of the Children’s Rights Alliance for England, and has since worked as an international consultant and advocate, publishing and lecturing widely on the subject of children’s rights.

Mary Frances Layden is the co-founder of an apparel company, love?bili?nyc, which promotes disability awareness and empowerment, and the former leader of Community Engagement at a NYC-based nonprofit organization, A Leg To Stand On (ALTSO), which provides free orthopedic care to children with disabilities in developing countries.

Gertrud Lenzer, Dr. phil., is professor emerita of Sociology and Children’s Studies at The City University of New York.

Manfred Liebel, Dr. phil., is Prof. emeritus of sociology at Technical University Berlin and co-founder and patron of the M.A. Childhood Studies and Children’s Rights (MACR) at Free University Berlin and University of Applied Sciences Potsdam. He is also vice-chair of the council of the National Coalition Germany for the Implementation of the UN Convention on the Rights of the Child.

Ton Liefaard is Professor of Children’s Rights and holds the UNICEF Chair in Children’s Rights at Leiden Law School, Leiden University, the Netherlands. He is Leiden Law School’s Vice-Dean for Education and the director of the Master of Law’s Programme (LL.M.) on Advanced Studies in International Children’s Rights at Leiden University.

Laura Lundy is Co-Director of the Centre for Children’s Rights and a Professor in the School of Social Sciences, Education and Social Work at Queen’s University, Belfast.

Martha Minow is the 300th Anniversary Professor at Harvard University, where she has taught since 1981 and served as Dean of Harvard Law School for eight years.

Olga Nieuwenhuys holds degrees in sociology from the University of Paris (Sorbonne) and in non-western sociology and anthropology from the University of Amsterdam. She obtained her doctorate from the Free University, Amsterdam, in 1989.

Aoife Nolan has been Professor of International Human Rights Law at Nottingham University School of Law since 2012.

Marta Santos Pais was appointed Special Representative of the Secretary-General on Violence against Children in May 2009.

Sarah Paoletti is a Practice Professor of Law at the University of Pennsylvania Law School, where she founded and directs the Transnational Legal Clinic.

Twila L. Perry is a Professor of Law and the Judge Alexander P. Waugh Sr. Scholar at Rutgers University School of Law in Newark, New Jersey, USA, where she teaches Family Law, Children and the Law, Torts and a seminar on Race, Gender and Tort Law.

Addie C. Rolnick is a Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law.

Maya Sabatello, LLB, PhD, is an Assistant Professor of Clinical Bioethics and Co-Director of the Precision Medicine: Ethics, Politics, and Culture Project at Columbia University.

Julia Sloth-Nielsen is professor in the Faculty of Law, University of the Western Cape, and professor of Children’s Rights in the Developing World at Leiden University.

Natsu Taylor Saito, J.D. Yale (1987), is Distinguished University Professor and Professor of Law at Georgia State University, where she teaches international law, human rights, and the legal history of race in the United States.

Jonathan Todres is Distinguished University Professor and Professor of Law at Georgia State University College of Law.

Gamze Erdem Türkelli is a Postdoctoral Fellow Fundamental Research of the Research Foundation (FWO) – Flanders (File Number: 12Q1719N) and a member of the Law and Development Research Group at the University of Antwerp.

David B. Thronson is Professor of Law and Associate Dean for Academic Affairs at the Michigan State University College of Law.

Afua Twum-Danso Imoh is a Lecturer in the Sociology of Childhood at the University of Sheffield.

Wouter Vandenhole is a human rights and law and development scholar.

Dr. Philip Veerman, CPsychol., lives in the Hague (the Netherlands) where he works as a health-psychologist for children and adolescents.

Jessica Dixon Weaver is an Associate Professor at Southern Methodist University Dedman School of Law where she teaches courses on family law, children and the law, and legal ethics.

Rebecca Webb, PhD, is currently a Lecturer in Education at the University of Sussex.

Barbara Bennett Woodhouse is L. Q. C. Lamar Professor of Law at Emory University Law School.

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