European Convention on the Adoption of Children (revised) PDF Download

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287165268
Category : Business & Economics
Languages : en
Pages : 0

View

Book Description
The aim of the European Convention on the Adoption of Children (revised) (CETS No. 202) is to set out a collection of legal rules aimed at harmonising the adoption of children in Europe according to the core principles of the Council of Europe. The convention takes account of the social and legal developments of recent years as well as the case law of the European Court of Human Rights. It underlines that the best interests of the child must always take precedence over any other considerations

Author: Lee Kyung-eun
Publisher: 펜립
ISBN: 8996879886
Category : Law
Languages : en
Pages : 408

View

Book Description
S. Korea is one of the major sending countries in the “transnational experiment of child care”, invented by the human community after World War II. Among all sending countries of adoptees, S. Korea is actually the country where the practice of inter-country adoption had its genesis. The fundamental source of power which sustains inter-country adoption practices is, as Dr. Nigel Cantwell mentions in his endorsement, the pervasive “glowing image” of adoption. In other words, the dominant perception of adoption as salvation is a key obstacle which prevents a more accurate mapping of the reality of inter-country adoption. In her new book, Dr. Kyung-eun Lee wields international laws as her surgical blade in order to dissect the practice of inter-country adoption from S. Korea. She uncovers the fact that the S. Korean government and private adoption agencies as partners have made “orphans” systematically, widely, but ironically within legal boundaries. As a result, adoptees’ human rights have been violated on a massive scale. Dr. Lee points out the negligence of the international society which was aware of Korea’s failure in complying with the international legal system. She reminds the international community, especially those of the receiving countries, of their responsibility to demand that sending countries such as S. Korea enhance their legal systems in order to protect child rights. Growing requests from adult international adoptees to find their identities and information on their adoption reveals much evidence that adoptees’ rights were violated by the inter-country adoption system. Many countries have begun to investigate past abuses and malpractices within the adoption system, and are finding a way to recover adoptees’ rights from the unethical and illegal practices which have taken place in the past, and which are still inherent within the system. This book should serve as invaluable guidance to government officials, legal experts, researchers and adoption-related stakeholders who wish to transform the current global “orphan” adoption system into the alternative care system for the best interests of the child.

Author: Francisco Pascual-Vives
Publisher: BRILL
ISBN: 9004375511
Category : Law
Languages : en
Pages : 308

View

Book Description
In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

Author: Wouter Vandenhole
Publisher: Edward Elgar Publishing
ISBN: 1786433133
Category : Law
Languages : en
Pages : 544

View

Book Description
This Commentary is a fully up-to-date, solid legal work on children’s rights. It offers a contemporary legal perspective on the inherently interdisciplinary field of children’s rights. It responds to the scarcity of legal commentaries in a landscape where several handbooks covering different disciplines have been published in recent years. It is succinct and seeks to capture the essence, yet offers a sophisticated analysis of children’s rights law and branches out into other disciplines where relevant in light of the recent legal and social developments.

Author:
Publisher:
ISBN:
Category : Europe
Languages : en
Pages : 32

View

Book Description

Author: John Tobin
Publisher: OUP Oxford
ISBN: 0191544175
Category : Law
Languages : en
Pages : 1873

View

Book Description
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict, and the Sale of Children, Child Prostitution and Pornography. It provides a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children, and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional, and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.

Author: Stefanie Schmahl
Publisher: Oxford University Press
ISBN: 0199672520
Category : Law
Languages : en
Pages : 1057

View

Book Description
The Council of Europe plays a pivotal role in the promotion and protection of human rights in Europe, yet its work is often little understood. This volume provides a comprehensive analysis of the work of the Council of Europe and the legal framework within which it operates.

Author: Rebecca Thorburn Stern
Publisher: BRILL
ISBN: 9004324054
Category : Law
Languages : en
Pages : 222

View

Book Description
In Participation, Power and Attitudes: Implementing Article 12 of the Convention on the Rights of the Child, Rebecca Thorburn Stern analyses how CRC state parties describe their implementation of Article 12 on respect for the child’s views. The focus of the study is on if, and how, references to traditional attitudes are used by state parties to explain their actions and inactions when implementing this key right and principle. It is shown that 'traditional attitudes' are employed less as justification of poor implementation than as a way of allocating responsibility to the population rather than to the state party, and that references to tradition remain a mainly non-Western phenomenon, thus also overlooking the impact of traditional attitudes in Western societies.

Author: Florence Benoît-Rohmer
Publisher: Council of Europe
ISBN: 9287155941
Category : Business & Economics
Languages : en
Pages : 248

View

Book Description
Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.

Author: Jean-François Renucci
Publisher: Council of Europe
ISBN: 9789287157157
Category : Law
Languages : en
Pages : 132

View

Book Description
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.