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Book part
Publication date: 10 May 2017

Leslie Joan Harris

Legal standards that allow teens to make health care decisions, or any important decisions, must account for the contingency and variability of minors’ capacity. Traditional law…

Abstract

Legal standards that allow teens to make health care decisions, or any important decisions, must account for the contingency and variability of minors’ capacity. Traditional law denied minors’ legal authority to make any decisions, giving all power to parents. This rule goes too far; the Supreme Court has held that minors have constitutionally protected autonomy-based rights, and modern views about adolescence are inconsistent with the rule. The question is how and where to draw lines.

Legal standards are based on minors’ evolving maturity, policy favoring decisions that follow medical advice, and policy supporting parental authority. This paper uses four hard cases to show how these considerations factor into legal rules.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

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Book part
Publication date: 25 September 2020

Deirdre Horgan, Shirley Martin and Catherine Forde

This chapter draws on data from a qualitative study examining the extent to which children and young people age 7 to 17 are able to participate and influence matters affecting…

Abstract

This chapter draws on data from a qualitative study examining the extent to which children and young people age 7 to 17 are able to participate and influence matters affecting them in their home, school, and community. It was commissioned by the Department of Children and Youth Affairs in Ireland to inform the National Strategy on Children and Young People’s Participation in Decision-Making, 2015–2020. Utilising Lundy’s (2007) conceptualisation of Article 12 of the UN Committee on the Rights of the Child and Leonard’s (2016) concept of generagency, this chapter will examine children and young people’s everyday lives and relationships within the home and family in the context of agency and structure.

In the study, home was experienced by children generally as the setting most facilitative of their voice and participation in their everyday lives reflecting research findings that children are more likely to have their initiative and ideas encouraged in the family than in school or their wider communities (Mayall, 1994). Key areas of decision-making included everyday consumption activities such as food, clothes, and pocket money as well as temporal activities including bed-time, leisure, and friends. This concurs with Bjerke (2011) that consumption of various forms is a major field of children’s participation. Positive experiences of participation reported by children and young people involved facilitation by adults whom they respected and with whom they had some rapport. This locates children as relational beings, embedded in multiple overlapping intergenerational processes and highlights the interdependency between children’s participation and their environment (Leonard, 2016; Percy-Smith & Thomas, 2010).

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Bringing Children Back into the Family: Relationality, Connectedness and Home
Type: Book
ISBN: 978-1-83867-197-6

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Book part
Publication date: 9 June 2023

Nadine Correia and Cecília Aguiar

Listening to and considering children's voices shows respectful regard for children's needs, interests and experiences, and helps discern what is meaningful for them in a…

Abstract

Listening to and considering children's voices shows respectful regard for children's needs, interests and experiences, and helps discern what is meaningful for them in a particular subject or situation. Creating opportunities for the expression of children's voices implies child-centred practice: recognising children as active agents, with evolving competences and capacity to understand, think and choose with some degree of autonomy, thus being able to influence decision-making. Therefore, the commitment to listen to children's voices represents a fundamental step towards empowering children and supporting their participation rights. Importantly, children have the right to be heard and to have their voices considered from the earliest ages, in their significant relational contexts, such as early childhood education and care (ECEC). Listening to and valuing children's multiple voices in ECEC can be done in many ways, ensuring the context, children's background, characteristics and preferences are respected. In this chapter, we address the specificities of listening to children's voices and taking them into account in ECEC. We discuss common challenges that may prevent the full expression and consideration of children's voices, and ways to overcome them, to ensure children's meaningful participation in what matters to them and support them in becoming active citizens in society.

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Establishing Child Centred Practice in a Changing World, Part B
Type: Book
ISBN: 978-1-80455-941-3

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Book part
Publication date: 10 May 2017

Bernard P. Perlmutter

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these…

Abstract

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the public. Organized advocacy by youth also informs and animates policy development. One recent example fosters youth organizing to promote “normalcy” in child welfare practices in Florida, and in related federal legislation.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

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Book part
Publication date: 2 October 2023

Bahar Manouchehri, Edgar A. Burns, Ayyoob Sharifi and Sina Davoudi

Children comprise a significant component of developing countries’ populations, but are rarely present in a substantive way in urban decision-making. The first step toward…

Abstract

Children comprise a significant component of developing countries’ populations, but are rarely present in a substantive way in urban decision-making. The first step toward changing the exclusion of children in urban planning is through analyzing the roots of the problem. Applying a critical approach, this research aimed to explore and challenge the structural patterns of society that exclude children and marginalize them in the case of Iran. The present study interviewed Iranian urban planning professionals in a range of roles, to explore the roots of the persistent failure to incorporate children’s voices. The findings revealed various obstacles to including children: on the one hand, these impediments consisted of broad macro-level barriers derived from the cultural context; on the other, obstacles included micro-level barriers associated with planning processes and the urban management system. Together these embedded sociocultural roots provide insights into mechanisms maintaining a top-down approach and preventing it from shifting to a more inclusive and child-friendly approach in planning modern Iranian cities.

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Sociological Research and Urban Children and Youth
Type: Book
ISBN: 978-1-80117-444-2

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Book part
Publication date: 10 May 2017

Maya Manian

As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to…

Abstract

As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This chapter argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars have overlooked. The chapter compares the full spectrum of minors’ reproductive rights and unmasks deep similarities in the law on adolescent reproduction – in particular an undercurrent of desire to punish (female) teenage sexuality, whether pregnant girls choose abortion or childbirth. It demonstrates that in practice, the law undermines adolescents’ reproductive rights, whichever path of pregnancy resolution they choose. At the same time that the law thwarts adolescents’ access to abortion care, it also fails to protect adolescents’ rights as parents. The analysis shows that these two superficially conflicting sets of rules in fact work in tandem to enforce a traditional gender script – that self-sacrificing mothers should give birth and give up their infants to better circumstances, no matter the emotional costs to themselves. This chapter also suggests novel policy solutions to the difficulties posed by adolescent reproduction by urging reforms that look to third parties other than parents or the State to better support adolescent decision-making relating to pregnancy and parenting.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

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Book part
Publication date: 9 May 2022

Katrien Klep, Stephanie Rap and Valérie Pattyn

Under the UN Convention on the Rights of the Child, states have the obligation to implement and monitor children’s rights. A key element thereof is the creation of independent…

Abstract

Under the UN Convention on the Rights of the Child, states have the obligation to implement and monitor children’s rights. A key element thereof is the creation of independent national institutions for the promotion and protection of children rights (independent children’s rights institutions – ICRIs). All over the world a wide variety of such institutions can be found. In this chapter, the authors aim at providing a broader understanding of how to research ICRIs’ capacity to monitor and promote children’s rights. The authors use the case of the Dutch Children’s Ombudsman and an evaluation of this institute to draw out key elements of such research. This chapter shows the importance of studying the political process behind the establishment of an ICRI, and conceptualize and measure the autonomy of an ICRI in a comprehensive way. Moreover, the chapter sketches how an ICRI is part of a wider “children’s rights landscape” engaging with children’s rights actors at different levels. Multidisciplinary research is needed to grasp these elements and conduct a comprehensive assessment of an ICRI.

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The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

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Book part
Publication date: 1 January 2014

Lucinda Ferguson

This article explores the neglected issue of the overrepresentation in the child protection system of children from ethnic, cultural, religious, racial, and linguistic minorities…

Abstract

This article explores the neglected issue of the overrepresentation in the child protection system of children from ethnic, cultural, religious, racial, and linguistic minorities. It focuses on the accommodation of children’s diverse backgrounds within the s 31(2) threshold and s1 “best interests” stages of intervention under the Children Act 1989. First, it introduces the ethnic child protection penalty as a new tool for capturing the complex nature of overrepresentation of these children. Second, it proposes a framework for understanding the judicial approach in higher court decisions on the current extent and nature of accommodation. Third, it employs the penalty concept to help explain why case law analysis reveals difficulties with the current factor-based approach, whereas empirical research suggests generally satisfactory accommodation in practice. It concludes by proposing a contextualized framework for decision-making in relation to child protection.

Book part
Publication date: 19 July 2023

Promila Das and Ashu Tiwari

Education transmits knowledge and abilities that are essential for any society’s socioeconomic progress. It improves the quality of life by providing both individuals and…

Abstract

Education transmits knowledge and abilities that are essential for any society’s socioeconomic progress. It improves the quality of life by providing both individuals and civilizations with several advantages. In this regard, women’s education is critical as they spend longer time with children than men. Despite the fact that education plays an immense role in overall wellbeing of society, in India, there are fewer educational opportunities available to young women than to young men. The gender bias that persists in Indian education and professional training is evident even in the richest countries in the world. In this regard, this study focuses on this intergenerational transmission of knowledge from the mother to her progenies in Karimganj District of Assam using the data from the household level primary survey. This study examines mothers’ educational profiles and ascertains the extent to which their education influence their children’s educational attainments. The results show that woman’s education has a direct role in enhancing the overall welfare of children and, thus, indirectly improves the economic status of the family. The results provide definite causal connections between a mother’s education and children’s educational attainment.

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Inclusive Developments Through Socio-economic Indicators: New Theoretical and Empirical Insights
Type: Book
ISBN: 978-1-80455-554-5

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Book part
Publication date: 9 June 2023

Susan Kay-Flowers

Using Lundy's model (2007), this chapter adopts a child-centred approach to discuss decision-making in relation to designing a study which aimed to amplify childhood voices of…

Abstract

Using Lundy's model (2007), this chapter adopts a child-centred approach to discuss decision-making in relation to designing a study which aimed to amplify childhood voices of parental separation (Kay-Flowers, 2019). It examines the role of young people in designing and co-producing the research tools, specifically designed to give voice to childhood experiences of parental separation and divorce. It explains how the research findings were shared with different audiences and reflects on the effectiveness of the approaches taken.

The chapter starts by outlining the four elements of ‘space’, ‘voice’, ‘audience’ and ‘influence’ in Lundy's model (2007) before going on to identify the gap in existing research on children's experience of parental separation and divorce, explaining why their voices need to be heard.

A focus group of young people were involved in designing the study. Finding current methods unsuitable for addressing the research question, they co-produced new research tools specifically designed for the study, alongside the researcher, in a process known as bricolage. The chapter explains the processes involved in creating the bricolage and describes the newly created research tools which were an online questionnaire and Prompt Simulation Video (PSV).

The last part of the chapter explains how ‘audience’ and ‘influence’ informed decision-making about how the study's findings could be presented to amplify childhood voices of parental separation and divorce, to ensure they were heard by different audiences of academics, practitioners, parents, public and children. It concludes with consideration of the effectiveness of this approach.

Details

Establishing Child Centred Practice in a Changing World, Part B
Type: Book
ISBN: 978-1-80455-941-3

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