
The European Convention on Human Rights is one of the most influential human rights documents in existence, in terms of its scope, impact, and jurisdiction. Yet it was not drafted with children, let alone children's rights, in mind. Nevertheless, the European Court of Human Rights has developed a large body of jurisprudence regarding children, ranging from areas such as juvenile justice and immigration, to education and religion, and the protection of physical integrity. Its influence in the sphere of family law has been profound, in particular in the attribution of parenthood, and in cases concerning child abduction, child protection, and adoption. This book provides a comprehensive and detailed overview of the jurisprudence of the Court as it relates to children, highlighting its many achievements in this field, while also critiquing its ongoing weaknesses. In doing so, it tracks the evolution of the Court's treatment of children's rights, from its inauspicious and paternalistic beginnings to an emerging recognition of children's individual agency.
This book investigates how the European Court of Human Rights has adapted its jurisprudence to address the rights of children despite the original European Convention on Human Rights lacking explicit provisions for them. Claire Fenton-Glynn, a legal scholar, examines the evolution of the Court's approach from early paternalistic interpretations to a more modern recognition of children as independent agents. The work synthesizes a vast body of case law to evaluate the Court's effectiveness in protecting minors across diverse legal domains.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a definitive resource for understanding the intersection of international human rights law and child welfare. Experts frequently highlight the author's balanced critique of the Court's achievements and its persistent structural limitations.
Page Count:
452
Publication Date:
2020-01-01
Publisher:
OUP Oxford
ISBN-10:
0191091464
ISBN-13:
9780191091469
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