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Parental Guidance, State Responsibility and Evolving Capacities
Article 5 of the United Nations Convention on the Rights of the Child
This book arises out of a CRC Implementation Project colloquium on Article 5 of the UN Convention on the Rights of the Child. Article 5 protects the responsibilities, rights and duties of parents or others to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his/her rights. In this interdisciplinary collection, leading international scholars address the interplay of parental guidance, state responsibility and child autonomy within a wide range of fields, from gender identity to criminal justice. The chapters provide fascinating insights into the vital but enigmatic role of Article 5.
Claire Fenton-Glynn, PhD (2013) University of Cambridge, is a Senior Lecturer at the Faculty of Law, University of Cambridge. She has published widely on children's rights, focusing in particular on parenthood, surrogacy and adoption. Her work has been cited with approval by the Supreme Court, Law Commission of England and Wales, and the UN Special Rapporteur on the Sale of Children.
Brian Sloan, PhD (2011), University of Cambridge, is a Fellow in Law at Robinson College, Cambridge. He has published widely on family and child law, and his work on adoption law was cited with approval by the UK Supreme Court.
Brian Sloan, PhD (2011), University of Cambridge, is a Fellow in Law at Robinson College, Cambridge. He has published widely on family and child law, and his work on adoption law was cited with approval by the UK Supreme Court.
"This is an extremely valuable collection that exposes the broad array of issues encompassed by Article 5. (...) The value of this volume, I would argue, is in providing theoretical and exemplar analysis that is critical even for the US in the absence of the CRC. This volume delivers a rich framework to assess childrenâs rights and to reorient the scope of parental rights, as well as suggesting further work to elaborate this critical article of the CRC."
Nancy E. Dowd, UF Distinguished Professor and David Levin Chair in Family Law, Emeritus, University of Florida Levin College of Law, USA; International Journal of Law, Policy and The Family, Oxford, 2022, 00, 1â6
Nancy E. Dowd, UF Distinguished Professor and David Levin Chair in Family Law, Emeritus, University of Florida Levin College of Law, USA; International Journal of Law, Policy and The Family, Oxford, 2022, 00, 1â6
âNotes on Contributors
âIntroduction
âBrian Sloan and Claire Fenton-Glynn
â1The Enigma of Article 5 of the United Nations Convention on the Rights of the Child
âCentral or Peripheral?
âElaine E. Sutherland
â2The Scope and Limitations of the Concept of Evolving Capacities within the crc
âGerison Lansdown
â3Assessing Childrenâs Capacity
âReconceptualising Our Understanding through the UN Convention on the Rights of the Child
âAoife Daly
â4âEvolving Capacitiesâ and âParental Guidanceâ in the Context of Youth Justice
âTesting the Application of Article 5 of the Convention on the Rights of the Child
âUrsula Kilkelly
â5Parental Guidance in Support of Childrenâs Participation Rights
âThe Interplay Between Arts 5 and 12 in the Family Justice System
âNicola Taylor
â6Do Parents Know Best?
âJohn Eekelaar
â7From Reasonable to Unreasonable
âCorporal Punishment in the Home
âTrynie Boezaart
â8Parental Responsibilities and Rights during the âGender Reassignmentâ Decision-Making Process of Intersex Infants
âGuidance in Terms of Article 5 of the Convention on the Rights of the Child
âLize Mills and Sabrina Thompson
â9Childrenâs Capacities and Role in Matters of Great Significance for Them
âAn analysis of the Norwegian County Boardsâ Decision-Making in Cases about Adoption from Care
âAmy McEwan-Strand and Marit Skivenes
â10Childrenâs Views, Best Interests and Evolving Capacities in Consenting to Their Own Adoption
âA Study of nsw Supreme Court Judgements for Adoptions from Care
âJudy Cashmore, Amy Conley Wright and Sarah Hoff
â11Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis
âBrian Sloan
â12Article 5: The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children
âSheila Varadan
â13Scotlandâs Named Person Scheme
âA Case Study of Article 5 of the United Nations Convention on the Rights of the Child in Practice
âGillian Black
â14New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child
âMark Henaghan
âIndex
âIntroduction
âBrian Sloan and Claire Fenton-Glynn
Part 1: Decoding Article 5
â1The Enigma of Article 5 of the United Nations Convention on the Rights of the Child
âCentral or Peripheral?
âElaine E. Sutherland
â2The Scope and Limitations of the Concept of Evolving Capacities within the crc
âGerison Lansdown
â3Assessing Childrenâs Capacity
âReconceptualising Our Understanding through the UN Convention on the Rights of the Child
âAoife Daly
Part 2: Article 5 and Domestic Legal Systems
â4âEvolving Capacitiesâ and âParental Guidanceâ in the Context of Youth Justice
âTesting the Application of Article 5 of the Convention on the Rights of the Child
âUrsula Kilkelly
â5Parental Guidance in Support of Childrenâs Participation Rights
âThe Interplay Between Arts 5 and 12 in the Family Justice System
âNicola Taylor
Part 3: Parental Responsibility and Evolving Capacities
â6Do Parents Know Best?
âJohn Eekelaar
â7From Reasonable to Unreasonable
âCorporal Punishment in the Home
âTrynie Boezaart
â8Parental Responsibilities and Rights during the âGender Reassignmentâ Decision-Making Process of Intersex Infants
âGuidance in Terms of Article 5 of the Convention on the Rights of the Child
âLize Mills and Sabrina Thompson
Part 4: The Impact of Article 5 in Adoption Proceedings
â9Childrenâs Capacities and Role in Matters of Great Significance for Them
âAn analysis of the Norwegian County Boardsâ Decision-Making in Cases about Adoption from Care
âAmy McEwan-Strand and Marit Skivenes
â10Childrenâs Views, Best Interests and Evolving Capacities in Consenting to Their Own Adoption
âA Study of nsw Supreme Court Judgements for Adoptions from Care
âJudy Cashmore, Amy Conley Wright and Sarah Hoff
â11Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis
âBrian Sloan
Part 5: Case Studies on the Application of Article 5
â12Article 5: The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children
âSheila Varadan
â13Scotlandâs Named Person Scheme
âA Case Study of Article 5 of the United Nations Convention on the Rights of the Child in Practice
âGillian Black
â14New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child
âMark Henaghan
âIndex
Scholars and students from a range of disciplines interested in children's rights and evolving capacities, as well as international human rights law more generally.