Children’s Right to Identity, Selfhood and International Family Law
Produktdetaljer
Biografisk notat
Edited by Marilyn Freeman, Principal Research Fellow, Westminster Law School, University of Westminster, UK and Nicola Taylor, Faculty of Law, University of Otago, Dunedin, New Zealand<i>‘The editors have done an extremely commendable job in selecting, presenting and framing a series of contributions to collective dialogue in this field. The work not only tackles relevant topics from diverse disciplinary perspectives, it also includes a range of voices, both ideological and cultural, giving the volume as a whole a balanced and nuanced vantage point. … The amount of ground covered, and the plurality of vantage points is impressive. This work will obviously be of interest to legal scholars with an interest in family law, children’s rights and human rights more generally. Nevertheless, it is also of great relevance to anyone working in, or curious about, law and religion and belief. Many of the perennial debates about identity, and the participation and experience of children in relation to religion are illuminated by the discussions in this book. Furthermore, the connections between these questions and other overarching dialogues within children’s rights are illuminated in ways that provide fresh insights. In summary, this is an impressive and much needed contribution to existing literature, and provides a treasure trove of resources, as well as new ideas and angles to engage with. The editors are to be highly commended.’</i>
- Helen Hall, Law and Justice, Christian Law Review,
<i>‘Marilyn Freeman and Nicola Taylor range among the most capable, interesting and far-looking experts in the field of family and children law. Besides their outstanding knowledge and an incredible network of family-related scholars, what is unique of this well-known couple is their multidisciplinary approach. This book is not only about setting the scene and describing the law as it stands. It is much more about exploring how real facts and real events impact on the life of children, and thus queries what the law should do – and does not, under the current scheme – to improve the identity and self-consciousness of children. Addressing several adverse childhood experiences – from adoption and abduction to surrogacy, forced marriages, deportation, child-soldiers and so much more – the book explores how these events affect the child’s self and identity. Furthermore, this book is not only on child-law but is addressed to any scholar caring for a legislation impacting on peoples’ lives. It is easy to see how today’s children will be tomorrow’s adults and how contributing to stronger, self-confident and well-balanced individuals is a crucial step towards a stronger, more compassionate and resilient society.</i>
The underlying assumption of the book is that identity is not a fixed, static, legal formula but rather a dynamic, evolving and never ending process - made of what we are, how we feel, our individual experiences, and the impact events have had on us. Therefore, while moving from the legal definition of the right to identity as based on Article 8 UNCRC, the book then builds on a rich range of contributions providing for the legal, psychological and social background of a concept – identity and selfhood – which has been scarcely investigated in such a complex perspective. The reader of even just a few of the contributions collected in the book will want to know more and to deepen the understanding of this fascinating topic which seeks to answer a question belonging to each of us: who am I, and what makes/has made who I am?’
- Costanza Honorati, University of Milano-Bicocca, Italy,
<i>‘Missing, stolen, disregarded, altered, unknown – these ruptures to children’s identity, and many others, are uncovered in this book. The first volume to explore children’s right to identity in detail, it traverses the globe and tackles many aspects, ranging from long-standing inter-generational harms, to the contemporary hot topic of gender identity.’</i><p></p>
- Ann Skelton, UN Committee on the Rights of the Child and Leiden University, the Netherlands,
<i>‘The contributors to this book argue convincingly for addressing identity not just in objective legal terms but also by considering factors impacting an individual’s sense of their own identity. The result is an innovative and practical tool for professionals in family law and related disciplines to contribute effectively to ensuring respect for the child’s vital right to preserve their identity.’</i><p></p>
- Nigel Cantwell, International Consultant on Child Protection Policy, Switzerland,
<i>'Never before have the concepts of identity, selfhood and family law been so comprehensively woven as they have in this groundbreaking book by Professors, Marilyn Freeman and Nicola Taylor. Identity has been forgotten in the holistic quest for best interests, it must be front and centre, the authors powerfully argue, relying on chapters from international child experts to illuminate the central thesis. This book advocates for a fresh approach to legal and social policies concerning children and young people emphasising the need to recognise and address the profound impact of life-altering changes on their identity and selfhood, not just their wellbeing or behaviour. It is a must read for all concerned in the law concerning children’s rights. Identity is the invisible factor which when made visible and given proper weight, must surely make for better decisions about children’s futures. The author’s argument is a powerful one. The book has already challenged the way I think about my own child law practice. I believe it will challenge many in the international family law community to make real change and think again about identity and its profound importance to children’s lives.’</i><p></p>
- Charles Hale KC, Joint Head of Chambers, 4PB, UK,
<i>'’This important book is a must read by everyone who has an interest in children’s rights. A child’s right to their unique identity is at the core of their well being and their capacity to thrive in the world. This book proves that through a stellar group of internationally acclaimed multi disciplinary authors.’</i>
- Mark Henaghan, University of Auckland, New Zealand,
<i>‘I warmly welcome this collection of chapters that shed light on the importance of children’s right to identity, which is the gateway for accessing other children’s rights as set out in the CRC. In my former role as United Nations Special Rapporteur on sale and sexual exploitation of children, I noted that this fundamental right was often either ignored or deliberately disregarded, be it in context of illegal adoption, commercial assisted reproductive technology, child marriage, forced migration or any other form of exploitation. This book will help respond to this gap.’</i>
- Maud de Boer-Buquicchio, President of CHIP (Child Identity Protection) and former UN Special Rapporteur on Sale and Sexual Exploitation of Children, the Netherlands,
<i>‘This book is a welcome addition to our evolving understanding of the child’s right to identity. It shows us that the safest harbour for all children in response to new challenges is a child rights approach, first recognised with the 1924 Declaration of the Rights of the Child. This book helps us to consider the right to identity in all our interactions with children.’</i>
- Mia Dambach, author of the Foreword and Executive Director, Child Identity Protection (CHIP), Switzerland,
Adopting an interdisciplinary approach, the book begins with contributions examining the formation of childhood identity, analysing psychological and cultural perspectives on development. These provide insight into how the child’s right to preservation of their identity is currently interpreted and applied under Article 8 of the UN Convention on the Rights of the Child, and how this is interpreted and applied in international and domestic legal settings. The book highlights the likely consequences of conflict, discrimination and oppression on children and young people, revealing how the associated events and transitions, as well as those emanating from more positive foundations, often influence the evolution and integration of their identities over time. To conclude, the book suggests a range of improvements to help ensure that children’s right to identity is more frequently taken into account in the international family justice field, ultimately improving the decisions being made about vulnerable children and young people.
Children’s Right to Identity, Selfhood and International Family Law is designed for students, academics, and all professionals and practitioners in family and human rights law. Its focus on practical methodologies makes it an essential read for lawyers, judges, mediators, social workers, counsellors, NGOs, child/family support organisations, and family members whose children experience identity-impacting changes to their lives.