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Child Law

Children's Rights and Collective Obligations

  • Book
  • © 2014

Overview

Authors:
  1. Laura Westra

    1. Department of Law, University of Windsor, Windsor, Canada

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  • Expands on the 2006 UNICEF Report’s contention that children are “invisible” in law and policy
  • Based on the implications of children’s specific biology and their vulnerability in relation to industrial developments, conflicts and climate change
  • Discusses the discriminatory component to be found in many laws intended to protect children, which significantly limits their effectiveness

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xiii
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  2. Who Is the Child? Rights and Obligations in Conflict

    1. Front Matter

      Pages 1-2
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    2. Who Is a Child? The Protection of Children’s Rights

      • Laura Westra
      Pages 3-30

    3. The Child’s Life, Health and Development Rights

      • Laura Westra
      Pages 31-61

    4. The Child’s Right to Non-discrimination

      • Laura Westra
      Pages 63-92

  3. Critical Lacunae in Child Law: Insufficient and Incomplete Instruments Regarding the Born Child

    1. Front Matter

      Pages 93-94
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    2. Child Law in the International Context: Exploitation, Abuse and the Limits of Labour Laws

      • Laura Westra
      Pages 95-125

    3. Child Law: Conflicts, Violence and Forced Displacement

      • Laura Westra
      Pages 127-161

    4. Concluding Thoughts and a Plea to Reconsider Legal Regimes Affecting the Child

      • Laura Westra
      Pages 163-169

  4. Back Matter

    Pages 171-178
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Keywords

About this book

Child Law starts with the question “Who is the Child?” In direct contrast to the CRC, which calls for putting the interests of the child first in all policies dealing with children, it appears that the interests of others are the major consideration de facto. In law, children’s right to protection is severely limited by the presence of a maximum age limit, with no consideration of the starting point: current and ongoing scientific research has demonstrated the effects of this non-consideration in a number of abnormalities and diseases, not only in children, but in adults and the elderly. The WHO has published a number of studies to that effect and the 2012 Report on Endocrine Disruptors more than confirms this claim. This and other scientific insights that have largely been ignored show the flaws and inadequacies of the legal regimes intended to protect children, in a number of areas, from the basic public health to the right to normal development; child labor law conventions; in conflict situations; as a result of climate and other events; children as illegal migrants and as inmates in prison camps.

Authors and Affiliations

  • Department of Law, University of Windsor, Windsor, Canada

    Laura Westra

Bibliographic Information

  • Book Title: Child Law

  • Book Subtitle: Children's Rights and Collective Obligations

  • Authors: Laura Westra

  • DOI: https://doi.org/10.1007/978-3-319-05071-3

  • Publisher: Springer Cham

  • eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)

  • Copyright Information: Springer International Publishing Switzerland 2014

  • Hardcover ISBN: 978-3-319-05070-6Published: 01 July 2014

  • Softcover ISBN: 978-3-319-38190-9Published: 23 August 2016

  • eBook ISBN: 978-3-319-05071-3Published: 17 June 2014

  • Edition Number: 1

  • Number of Pages: XIII, 178

  • Number of Illustrations: 1 b/w illustrations, 4 illustrations in colour

  • Topics: Human Rights, Childhood, Adolescence and Society, Philosophy of Law

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