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This article addresses the difficult matter of interpreting the best interest principle, and offers advice for those who must make laws, and those who make decisions within the constraints of those laws. Our approach rests on an assumption that conclusions about best interest are best reached through a reasoned deliberative process. We suggest that legislators should not write substantive assumptions about what is best for every child into their laws; rather, they should indicate a non‐exhaustive list of key relevant considerations that decision‐makers can review and evaluate in each and every case. Further, the child's own perspective should be imperative in all deliberations about best interest, and a distinction must be made between objective fact and what is invoked as a substantive and contestable assumption. The article supplies a benchmark against which we may review and judge the actual efforts of legislators and decision‐makers to determine what is best for any child.

This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes reasons for this neglect and posits that there exists a dichotomy in approaches to the wellbeing of children in the UK. The characterization of children’s interests and subsequent obligations owed by states to children are different in nationality law from other areas of law, notably, family law. Through our case study of the registration of children as British citizens, we argue that in the UK formal legal membership may appear achievable “in the books” but remains elusive in “law in action.” Children’s interests should be just as central to citizenship studies and nationality case law as to family law cases. A new approach to acquisition of British citizenship by children, with the best interests of the child as a critical evaluative principle at the heart of decision making, will usher in a new era. In the absence of such reconceptualization, children remain passive subjects of nationality law and their voices are unheard in processes of acquisition of citizenship.

Derek Parfit’s non-identity problem calls into question the claims of both the state and individuals when they purport to act for the benefit of future children. This paper discusses how adoption of the non-identity argument as a legal argument could affect reproductive and family policy, demonstrating that it undermines the child-centric approach to assigning legal parentage. The paper concludes, however, that these non-identity problems can be solved by the expected value approach, which demonstrates that efforts to benefit future people can be logically coherent even if those efforts also affect the genetic identities of the future people.

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.

This paper seeks to explore the attitudes of lesbian mothers towards same‐sex marriage, focusing in particular on how they perceive the relationship between marriage and children's best interests.

The paper draws on 36 semi‐structured interviews with lesbian mothers living in British Columbia and Alberta, comparing their views on marriage and children's best interests with those articulated by lesbian and gay litigants during the Canadian same‐sex marriage campaign.

It was found that few of the mothers made any positive link between having married parents and children's best interests. Only a quarter of the couples had married or intended to marry.

Whether the views expressed in this research will be embraced by the next generation of lesbian mothers is difficult to predict. Prospective lesbian mothers will be able to marry before having children, will likely experience greater societal pressure to marry, and may have weaker ties to feminist politics. The issue should be revisited to see whether the views expressed in the research resonate with the next generation of mothers.

Law reform directed at same‐sex families should not presume that lesbians perceive there to be any positive relationship between marriage and children's best interests.

The paper provides empirical data on how lesbian mothers understand the relationship, if any, between having married parents and children's best interests. It challenges the universality of the very traditional views expressed in the same‐sex marriage litigation, and argues that amongst the wider lesbian mothering community attitudes towards the relationship between marriage and parenting are considerably more diverse.

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time alone establishes parental fault and satisfies a parent’s due process rights. It also fails to protect the minority of children who assert an interest in preserving a safe relationship with mothers who are unlikely to meet the state’s schedule – including many substance abusers and victims of domestic violence.

The purpose of this paper is to explore how individual legislators perceive unaccompanied minors seeking asylum, their life situation, needs and best interests.

The total number of participants were 15. Thematic analysis (Braun and Clarke, 2006) was used in order to identify and analyze patterns in the interview data. The authors focused on their responses to the questions about the best interest of the child in migration policy and practice, and how this principle was related to unaccompanied children seeking asylum.

The main finding is that chronological age becomes a key sign for how legislators understand the life situation, needs and best interests of unaccompanied children. Also, the findings from this study suggest that the moralizing welfare ideology of the past is still present in political discourse and social planning, construing unaccompanied minors as an ambivalent category between civilization and savagery. The findings from this study indicate that legislators enact reforms of importance for unaccompanied children without considering them as agents of their own future, with their own motives and reasons to seek asylum.

The findings from this study indicate a need to adapt the understanding of the existing Aliens Act (SFS 2005:716) to the knowledge that unaccompanied minors need to be assessed on their own terms.

This study contributes to increasing the understanding about how the subjective values of legislators may have influenced migration reform in Sweden that can be valuable to both legal and social research, as well as policy planners.

This paper seeks to consider the inter‐connections between law and child development, particularly in the areas of child custody and child protection, in both the USA and the UK.

The paper is based on analysis of US and UK legal systems and child developmental research.

Although the two legal systems have much in common in their approach to safeguarding children's welfare, there are also notable differences between them in terminology and in concept. Whereas the USA places a greater emphasis on the rights, particularly autonomy rights, of both parents and children, the UK justifies its laws affecting children largely in terms of parental responsibility and child need.

The paper argues that each of these legal regimes has something to learn from the other and a reader interested in thinking about the relationship between child welfare and law will profit from considering the distinctions, as well as the commonalities, between the two regimes.

The purpose of this monograph is to present the first English translation of a unique French colonial report on women living under colonial rule in West Africa.

The issue begins with a discussion of the contribution this report makes to the history of social development policy in Africa, and how it serves the on‐going critique of colonisation. This is followed by the English translation of the original report held in the National Archives of Senegal. The translation is accompanied by explanatory notes, translator’s comments, a glossary of African and technical terms, and a bibliography.

The discussion highlights contemporary social development policies and practices which featured in identical or similar forms in French colonial social policy.

As the report demonstrates, access to basic education and improving maternal/infant health care have dominated the social development agenda for women in sub‐Saharan Africa for over a century, and will continue to do so in the foreseeable future in the Millennium Development Goals which define the international community’s agenda for social development to 2015. The parallels between colonial and post‐colonial social policies in Africa raise questions about the philosophical and cultural foundations of contemporary social development policy in Africa and the direction policy is following in the 21st century.

Though the discussion adopts a consciously postcolonial perspective, the report that follows presents a consciously colonial view of the “Other”. Given the parallels identified here between contemporary and colonial policy‐making, this can only add to the value of the document in exploring the values that underpin contemporary social development practice.

The management of children′s literature is a search for value and suitability. Effective policies in library and educational work are based firmly on knowledge of materials, and on the bibliographical and critical frame within which the materials appear and might best be selected. Boundaries, like those between quality and popular books, and between children′s and adult materials, present important challenges for selection, and implicit in this process are professional acumen and judgement. Yet also there are attitudes and systems of values, which can powerfully influence selection on grounds of morality and good taste. To guard against undue subjectivity, the knowledge frame should acknowledge the relevance of social and experiential context for all reading materials, how readers think as well as how they read, and what explicit and implicit agendas the authors have. The good professional takes all these factors on board.