Children’s Rights and Family Law

A special issue of Laws (ISSN 2075-471X). This special issue belongs to the section "Human Rights Issues".

Deadline for manuscript submissions: closed (30 May 2016) | Viewed by 6483

Special Issue Editor

Law School, La Trobe University, Melbourne, VIC 3086, Australia
Interests: children’s rights; family law; disability rights & disability law; human rights

Special Issue Information

Dear Colleagues,

This Special Issue of Laws focuses on key issues in children’s rights and family law in the 21st century and, more than 25 years after the adoption of the UN Convention on the Rights of the Child (CRoC), asks question about the future of children’s rights. Papers in this Special Issue will, among other topics, address the following questions: Given that family law now recognizes many pathways to parenthood—what impact does this have on the rights of the child – to family life; to know her/his parents? What rights does a child have in the context of assisted reproductive technology and surrogacy—how do these technologies impact the child’s right to identity, including knowledge of genetic make up? When children’s voices are generally absent from family law proceedings, how can we give effect to the child’s right to participation?  How are the rights of refugee children impacted by asylum processes? The UN Convention on the Rights of Persons with Disabilities explicitly recognizes that rights in that Convention extend to children with disabilities—how does this impact the right to respect for home and family?

Prof. Lee Ann Basser
Guest Editor

Manuscript Submission Information

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Keywords

  • children’s rights;
  • family law;
  • child abuse;
  • participation;
  • sexual identity;
  • surrogacy;
  • right to health;
  • child welfare and child protection;
  • privacy

Published Papers (1 paper)

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Research

218 KiB  
Article
Future Persons and Legal Persons: The Problematic Representation of the Future Child in the Regulation of Reproduction
by Lisette Ten Haaf
Laws 2016, 5(1), 10; https://doi.org/10.3390/laws5010010 - 26 Feb 2016
Cited by 46 | Viewed by 6216
Abstract
Increasingly, the law has been paying attention to the future child and the prevention of preconceptual harms. Regulation on procreation often appeals to the future child’s interests in order to justify the prevention of the child’s existence. However, besides bioethical critique, there is [...] Read more.
Increasingly, the law has been paying attention to the future child and the prevention of preconceptual harms. Regulation on procreation often appeals to the future child’s interests in order to justify the prevention of the child’s existence. However, besides bioethical critique, there is also a legal-theoretical problem that has been neglected so far. This article argues that the future child whose existence is prevented by an appeal to its own interests does not fit in the “regular” concept of law’s subject: the legal person. This creates two representation problems: First, the law lacks the proper vocabulary to address and represent this non-existent entity. Second, the appeal to its own interests as a justification of the prevention of the child’s existence creates a paradox, as the future child is treated as a subject and a non-subject at the same time. These two representation problems complicate the way law can “deal with” this singular entity. Since the vocabulary of the legal person is not equipped to articulate the future child, this article argues that further research is needed to understand what the future child is and how it functions in law. Full article
(This article belongs to the Special Issue Children’s Rights and Family Law)
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