Aoife Daly | University College Cork (original) (raw)

Climate crisis by Aoife Daly

The Conversation, 2024

The European Court of Human Rights has issued a groundbreaking ruling in a case between a group o... more The European Court of Human Rights has issued a groundbreaking ruling in a case between a group of Swiss women and their government. It found that Switzerland is in violation of the European convention on human rights for failing in its duties to combat climate change. The court also set out a path for organisations to bring further cases.

I have been researching human rights for over 20 years and this is one of the biggest wins for rights on the defining issue of our times – the climate crisis.

This case was the first opportunity for the court to consider the duties of states in the context of climate change, and the first climate change case to be heard by an international human rights court. The decision will have a ripple effect across Europe and beyond, as it sets a binding precedent for how courts should deal with the rising tide of litigation in which it is argued that the climate crisis involves human rights violations.

The court calls itself “the conscience of Europe” and its rulings apply in 46 member states, which includes all the EU, plus the UK and various other non-EU countries. Its ruling opens up all these states to similar cases in their own national courts – cases that these states are likely to lose.

Youth, 2024

In this piece it is argued that we are in a 'postpaternalist' era for children's rights, involvin... more In this piece it is argued that we are in a 'postpaternalist' era for children's rights, involving grassroots action from children (for the first time, on a global scale), rather than well-meaning adults 'giving' children their rights. 1 Child/youth climate action has involved under-18s acting for the environment through grassroots protest, media work and lobbying. The UN Convention on the rights of the child (CRC) has arguably to date been approached in a paternalist way, whereby children need adults to help them to access rights. Yet child/youth climate advocates have taken their own action, and demand equality as they enter rights spaces. They are frequently working with adults as equals and allies in litigating climate cases, for example. It is argued that (although there are rights challenges in a postpaternalist time) these young rights leaders have transformed human rights for the better, and adults should facilitate their work in a way that is child and youth friendly. Keywords Postpaternalism; UN Convention on the rights of the child (CRC); youth climate action; climate cases; right to a healthy environment.

Treated Like a Child- Children, equality and international human rights law , 2025

There are a number of groups who will disproportionately suffer due to the climate crisis. One of... more There are a number of groups who will disproportionately suffer due to the climate crisis. One of these groups are those who are under 18 years. Children are active agents who are leading efforts to combat climate change, but they are generally are not permitted to vote, and cannot influence climate policy (though it will affect them the longest). There are a number of difficulties with positioning children/youth in the nondiscrimination/equality framework, including the fact that under-18s are frequently excluded from frameworks prohibiting unfair discrimination. The CRC has generally not resulted in explicit consideration of age discrimination against children (i.e. detrimental treatment for being young/under 18) in the same way that has happened for other groups like women and ethnic minorities. Yet there is potential for doing so, primarily through CRC Article 2. Child/youth climate petitions (e.g. the Duarte Aghostino-'Portuguese youth'petition to the European Court of Human Rights) are increasingly invoking the principle of non-discrimination/equality. It is argued in this article that although such climate litigation is not always legally successful, the reliance on the principle of non-discrimination/equality is a significant transformation in the legal status of children.

The Anthropocene Judgments Project: Futureproofing the Common Law , 2023

For this hypothetical judgment, we envisage a context on the island of Ireland in 2033 where over... more For this hypothetical judgment, we envisage a context on the island of Ireland in 2033 where over 1/5 of the landmass which existed in 2020 is now underwater due to the rising of sea levels. This is due to the climate crisis. Villages such as Barna in Galway on the West Coast of Ireland have been particularly badly affected, with significant levels of homelessness, as well as unemployment from lost land and resources, caused by the crisis. Children and young people have also been disproportionately affected for numerous reasons varying from trauma due to displacement, and lost income.

In 2022, Ireland’s climate governance framework, which commits to reducing greenhouse gas emissions by 51% by 2030 relative to 2018 levels (a 44.5% reduction by 2030 relative to 1990 levels), and carbon neutrality by 2050, is patently inadequate to make a fair share contribution to the global temperature goals of limiting global heating to +1.5°C and well below 2°C as an outer limit.

In this hypothetical case we envisage a group of children coming together similar to the children in the Juliana case in the United States , or the Sacchi case before the United Nations Committee on the Rights of the Child (the implementing body of the UN Convention on the Rights of the Child [CRC]). Included in the submissions of these young plaintiffs would be stories similar to those presented in Saachi – stories outlining the difficulties in their everyday lives due to the effects of the climate crisis.

Netherlands Quarterly of Human Rights, 2023

In recent years there has been significant attention accorded to the right of children to a healt... more In recent years there has been significant attention accorded to the right of children to a healthy environment, including in litigation. Frequently cited in these efforts is the principle of intergenerational equity devised by Brown Weiss in 1989. The principle remains largely rhetorical however, and is frequently conflated with the rights of 'future generations' (often taken to mean those 'yet to be born'). The position of children in relation to future generations remains somewhat unclear. This may be overshadowing the potential for legally tackling the climate crisis via the promising route of children's rights. This article considers intersections between intergenerational equity, children's rights and the rights of future generations. It is emphasised that intergenerational rights are children's rights. Relying on the UN Convention on the Rights of the Childand particularly the best interests principlewill be crucial both for securing climate justice, and ensuring that justice is children's rights based.

International Journal of Children's Rights, 2024

The climate crisis is a human rights crisis, and there is perhaps no other group more affected th... more The climate crisis is a human rights crisis, and there is perhaps no other group more affected than children. Children and youth have been key to climate activism and advocacy, gaining particular prominence since Greta Thunberg sparked a global movement in 2018. As well as engaging in numerous consultative fora such as COP26 and the drafting of a General Comment on the right of children to a healthy environment, they have gone on to become key litigators in climate cases/applications at both national and international level. However these justice processes are notoriously ill suited to the particular needs of children and youth. Child friendly justice is a concept which has been elaborated in recent years by the Council of Europe. Yet climate litigation is very different to the cases (e.g. in family law) in which children have traditionally been partiesamongst other things it can involve very public campaigns. This article considers child and youth friendly justice in the context of the climate crisis through the UN Convention on the Rights of the Child, and the concepts of access, participation, interests, and judgments.

CLIMATE COMPETENCE: YOUTH CLIMATE ACTIVISM AND ITS IMPACT ON INTERNATIONAL HUMAN RIGHTS LAW, 2022

Those who are under-18 are not often associated with the exercise of political rights. It is argu... more Those who are under-18 are not often associated with the exercise of political rights. It is argued in this article however that youth led climate activism is highlighting the extensive potential that children and young people have for political activism. Moreover, youth activists have come to be seen by many as uniquely competent on climate change. Youth activists have moved from the streets to the courts; utilising national and international human rights law mechanisms to further their cause. They are not the first to do so, and the extent of their impact is as yet unclear. Nevertheless, it is argued here that through applications such as Saachi (an application to the Committee on the Rights of the Child) and Duarte Agostinho (an application to the ECtHR) they are shifting the human-centric, highly procedural arena of international human rights law towards an approach which better encompasses personenvironment connections. KEYWORDS: children and youth activism, climate, Saachi, UN Convention on the Rights of the Child, Duarte Agostinho, European Convention on Human Rights

The Conversation, 2021

The UN Committee on the Rights of the Child has determined that a government can, in theory, be h... more The UN Committee on the Rights of the Child has determined that a government can, in theory, be held to account for the impact its country’s carbon emissions have on its children, both within and outside of its borders. This is in response to a complaint filed in September 2019 by youth climate activists, including Greta Thunberg.

The petition alleged that, by failing to reduce carbon emissions in line with the Paris Agreement, five nations – Argentina, Brazil, France, Germany and Turkey – were violating their rights to life, to health and to culture, as guaranteed by the UN Convention on the Rights of the Child (CRC). Thunberg explained that these countries were named for illustrative purposes: they are the highest emitters to have ratified the complaints mechanism of the CRC.

The Conversation, 2021

Even before Greta Thunberg launched her school strike for climate at age 15, youth activists have... more Even before Greta Thunberg launched her school strike for climate at age 15, youth activists have been key players in public action on the climate crisis. Now they’re breaking new ground in court.

On November 30, six Portuguese children and young people brought a historic court case to the European Court of Human Rights (ECHR). Dubbed Duarte Agostinho and Others v. Portugal and Others – or the Agostinho case, for short – it argues that those states which fail to solve the climate crisis are breaching human rights.

In an exciting development last December, the ECHR agreed to fast track the case. The 33 European states - including the UK (which, post-Brexit, remains part of the ECHR system), France and Germany - now have to respond with information about how they will reduce the greenhouse gas emissions that are destabilising the climate.

This case is part of a growing body of systemic climate litigation, which targets broad state policies. Much of it involves youth applicants for a number of reasons, including the fact that so many children and young people are climate-educated and tech-savvy. Unlike other cases, however, this particular application makes the key argument that states are engaging in youth discrimination.

Discover Society, 2020

Children and young people such as Greta Thunberg have been visibly active in protesting against t... more Children and young people such as Greta Thunberg have been visibly active in protesting against the climate crisis. There has however been criticism and suspicion from some quarters of such young protestors. It emerged in January that police advised that those who ‘participate in school walkouts’ should be reported to the authorities responsible for the controversial Prevent anti-radicalisation programme. This action by police (although now rescinded) is an example of a lack of understanding that under-18s have a right to protest under the UN Convention on the Rights of the Child. Children’s activism will only increase with the worsening climate crisis, so adults must accept children’s right to be political, and should value it as part of solutions to threats to humanity.

Global climate activism super hero Greta Thunberg has become the face of those working to achieve attention for the climate crisis since August 2018 when she began her school strike outside the Swedish parliament, and subsequently began the global #fridaysforfuture movement.

Books by Aoife Daly

In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights... more In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights of the Child – the right of children to freedom of association and assembly. Relevant international law text and case law are examined, but this commentary goes beyond this to reconceptualise Article 15. The right is applied to themes as varied as association with family and friends, political demonstrations, and the unionisation of working children, with the special position of children to the forefront of the analysis. Possibilities for progressing the right through UN mechanisms, courts and other arenas are considered. In doing so, this book pushes traditional boundaries to and understandings of association and assembly, drawing-out particularly child-specific elements of this crucial right.

Children, Autonomy and the Courts: Beyond the Right to be Heard

Article 12 of the UN Convention on the Rights of the Child (CRC) enshrines a right of children to... more Article 12 of the UN Convention on the Rights of the Child (CRC) enshrines a right of children to be heard and for their views to be accorded due weight. This book considers law and practice from around the globe to demonstrate that the right to be heard is often ill-suited to legal proceedings in which decisions are made in the best interest of the child (for example ‘contact’ arrangements) as it is too vague and limited in cases where children’s personal lives are at issue. The right does not sufficiently mitigate the paternalism of best interest decisions. Children’s wishes are routinely overridden, they are denied basic due process rights, and forced into relationships they do not want. Instead of a right to be heard, it is argued, we need to focus on the concept of autonomy (in the sense of the liberal ideal that we should all have personal freedom in our lives to the extent possible), as autonomy is crucial to our psychological wellbeing and a fundamental principle in liberal democracies. Comparisons are made with medical and disability law and with parents’ rights, where autonomy is treated with the height of seriousness.

A ‘children’s autonomy principle’ is proposed which aims to tackle the difficult question of how to attribute weight to children’s views. It is argued that children’s wishes should be upheld in best interest proceedings unless significant harm would likely arise from following those wishes. Children should have ‘autonomy support’ to consider options and assist them through proceedings. In particular it is necessary to move away from the poorly understood question over how ‘competent’ a child might be, to instead accepting that autonomy denial is harmful and therefore asking whether paternalism is truly warranted.

This book comes at a time when questions are being asked as to how to learn from, build on and move forward from the basic CRC framework. It is a significant contribution to that debate. It will be of interest to children’s rights scholars and advocates, judges, social workers, lawyers, policy makers and legislators.

Children, Capacity and Rights by Aoife Daly

Rethinking Children’s Competence through Children’s Rights: Giving Professionals Space for Supporting Children, 2024

Children's competence is fundamental to their rights, but little understood. Professionals workin... more Children's competence is fundamental to their rights, but little understood. Professionals working with children must sometimes consider whether children have "sufficient understanding" in the words of the Gillick case ([1986] AC 112, [253]), for example to medical consent or to instruct a solicitor. The UN Convention on the Rights of the Child emphasises the right of children to be supported in the exercise of their capacities. This reflects literature on relational competence which emphasises that information and support influences how competent we are. In this paper, semi-structured interviews with a range of UK practitioners working with children are analysed. It emerges that professionals engage frequently with questions around children's understanding or competence, whether or not they are required to officially assess it. The professionals interviewed were deeply supportive of children, and most recognised that competence can be increased through information and support. It seems however that they are operating in systems which frequently provide little time, space or training for them to engage with children in a way which facilitates them to increase children's competence. Failing to support competence, it is argued, serves to make children more vulnerable in systems where they are already lacking in power.

What is “Competence” for Children in Legal Matters?—Views of UK Professionals, 2023

Children's competence is fundamental to their rights-the United Nations Convention on the Rights ... more Children's competence is fundamental to their rights-the United Nations Convention on the Rights of the Child (UNCRC) Article 5 emphasises the right of children to increasingly exercise their own rights in line with their evolving capacities. What actually constitutes competence/capacity for children, however, is little understood. In this research, professionals working with children in the UK were asked opinions on the level of competence required for children to medical consent or to instruct a solicitor. It was found that professionals engage frequently with questions around children's understanding or competence, but may not be officially required assess it. They expressed that they generally assess it intuitively, that they would like more training and clarity on standards, but that they are concerned that greater standardisation may reduce assessment to a tick box exercise.

Child Rights and Development, 2023

Middle childhood is a crucial phase of human development, and it involves enormous transitions in... more Middle childhood is a crucial phase of human development, and it involves enormous transitions in social behaviour, cognition, and motivations. There is variation in how its scope is definedit is roughly considered to be between six to 12 years. Children's social lives become more complex, they spend more time with peers and begin formal schooling in industrialised countries. Yet middle childhood is frequently an overlooked phase. It is often amalgamated with either research on early childhood or on adolescence. The UN Committee on the rights of the child has produced general comments on rights in early childhood, and in adolescence, but none on rights in middle childhood. In this chapter, it is argued that greater attention is needed for children's rights in middle childhood as a distinct phase. This is in particular analysed in accordance with the general principles of the UN Convention on the rights of the child.

This is a brief version of an article which considers how to understand and assess children’s cap... more This is a brief version of an article which considers how to understand and assess children’s capacity (that is their cognitive abilities to know, evaluate and so on) through a children’s rights lens. Medical law in England and Wales (e.g. the Gillick case) is used to consider legal elements of children’s capacity. It is determined that there are no quick-fix definitions of children’s capacity, courts can be inconsistent in their approach, and support can improve capacity. An approach to children’s capacity is then proposed through four concepts based on the UN Convention on the Rights of the Child: Autonomy, Evidence, Support and Protection.

International Journal of Children’s Rights, 2020

This article seeks to reconceptualise approaches to assessing children’s capacity, particularly i... more This article seeks to reconceptualise approaches to assessing children’s capacity, particularly in light of Article 5 of the CRC, which enshrines the principle of the evolving capacities of the child. Professionals regularly assess children’s capacity, for example when doctors treat children, or when lawyers represent child clients. They usually do this assessment intuitively however, as there is little guidance on how assessment should work in practice. Medical law in England and Wales serves as a case study to examine law and practice as well as challenges in the area. It is concluded that it may not necessarily be possible to objectively measure children’s capacity, and it may need to be done intuitively. Yet it should be done via a process which is rights-based. An approach to children’s capacity is proposed through four concepts based on the UN Convention on the Rights of the Child: Autonomy, Evidence, Support and Protection.

Children and the Courts by Aoife Daly

International Journal of Children's Rights, 2022

Cambridge University Press. 356 pages. Hedi Viterbo's book on law, rights and childhood in Israel... more Cambridge University Press. 356 pages. Hedi Viterbo's book on law, rights and childhood in Israel/Palestine is important, timely and creative. This book poses a challenge to dominant narratives about law, human rights, and childhood, not just in the context of Israel/Palestine but also well beyond that space. It poses important questions about childhood, and its social and legal context more broadly, and particularly in relation to human rights frameworks at domestic and international level.

Nordic Journal of International Law, 2022

The CRC as an instrument calls attention to children as a group. Yet paradoxically it has not res... more The CRC as an instrument calls attention to children as a group. Yet paradoxically it has not resulted in explicit consideration of discrimination against children on the basis of childhood (i.e. detrimental treatment for being young/under 18) in the same way that has happened for other groups like women and ethnic minorities. Children are more likely to suffer poverty and violence than adults, and under-18s are largely excluded from national legislation prohibiting unfair discrimination. In this article the jurisprudence of the Committee on the Rights of the Child is examined and it is established that even though child-specific discriminatory practices such as corporal punishment are criticised by the Committee, they are seldom labelled 'discrimination' as such. The Committee reserves consideration of Article 2, which enshrines the principle of non-discrimination, for subgroups of children such as girls and ethnic minorities. It is concluded that Article 2 has great potential for drawing attention to detrimental treatment for being young/under 18, but that the phenomenon must be more explicitly referenced with greater frequency in law, practice, and scholarship.

Oxford Handbook of Forensic Psychology, 2022

Courts are regularly called upon to make judgments on aspects of children’s upbringing, particula... more Courts are regularly called upon to make judgments on aspects of children’s upbringing, particularly where parents separate and there are disputes around where children will live. Relevant laws concerning children have greatly progressed in liberal democracies in the past few decades in terms of greater respect for children as individuals. This has not only been influenced by developments in the discipline of psychology but also by the emergence of rights claims in relation to all groups, such as women and ethnic minorities. Children have come to be recognised as a distinct group of rights-bearers, particularly since the advent of the main human rights instrument pertaining to children, the UN Convention on the Rights of the Child 1989 (CRC).
In this chapter, the children’s rights issues which arise in cases regarding children’s upbringing are considered; particularly where they intersect with issues concerning elements of the discipline of psychology. The UK and Ireland will form the focus of this chapter primarily but many of our points are relevant globally. The CRC has been very influential in terms of bringing a focus to children in such cases. Following an exploration of this instrument and its impact on the lives of children, two of the most important principles in the CRC are considered – the best interest principle (Art. 3 CRC) and principle of respect for the views of the child (Art. 12 CRC). The chapter then examines how an enhanced awareness and understanding of child developmental psychology has impacted cases concerning children’s upbringing. Particularly contested issues in the area are then examined – children’s attachment to caregivers, children’s own wishes, shared residence and perceptions of mothers versus fathers.

The Conversation, 2024

I have been researching human rights for over 20 years and this is one of the biggest wins for rights on the defining issue of our times – the climate crisis.

Youth, 2024

Treated Like a Child- Children, equality and international human rights law , 2025

The Anthropocene Judgments Project: Futureproofing the Common Law , 2023

Netherlands Quarterly of Human Rights, 2023

International Journal of Children's Rights, 2024

CLIMATE COMPETENCE: YOUTH CLIMATE ACTIVISM AND ITS IMPACT ON INTERNATIONAL HUMAN RIGHTS LAW, 2022

The Conversation, 2021

Discover Society, 2020

Children, Autonomy and the Courts: Beyond the Right to be Heard

Rethinking Children’s Competence through Children’s Rights: Giving Professionals Space for Supporting Children, 2024

What is “Competence” for Children in Legal Matters?—Views of UK Professionals, 2023

Child Rights and Development, 2023

International Journal of Children’s Rights, 2020

International Journal of Children's Rights, 2022

Nordic Journal of International Law, 2022

Oxford Handbook of Forensic Psychology, 2022

Oxford Handbook of Forensic Psychology , 2022

In this chapter, the children’s rights issues which arise in cases regarding children’s upbringing are considered; particularly where they intersect with issues concerning elements of the discipline of psychology. The UK and Ireland will form the focus of this chapter primarily but many of our points are relevant globally. The CRC has been very influential in terms of bringing a focus to children in such cases. Following an exploration of this instrument and its impact on the lives of children, two of the most important principles in the CRC are considered – the best interest principle (Art. 3 CRC) and principle of respect for the views of the child (Art. 12 CRC). The chapter then examines how an enhanced awareness and understanding of child developmental psychology has impacted cases concerning children’s upbringing. Particularly contested issues in the area are then examined – children’s attachment to caregivers, children’s own wishes, shared residence and perceptions of mothers versus fathers.

In this article, it is argued that although children may be heard in Ireland in cases concerning ... more In this article, it is argued that although children may be heard in Ireland in cases concerning international child abduction, their wishes are insufficiently prioritised. In particular the wishes of children under the age of 10 are not taken seriously when they do not wish to return to the country from which they have been taken.

In this article, it is argued that although it is positive that there is guidance for courts on w... more In this article, it is argued that although it is positive that there is guidance for courts on when to appoint guardians ad litem to represent children's interests in proceedings concerning them, there is insufficient definition in terms of what their role should involve and conflicts of interest abound. Furthermore, current provision for children's involvement in proceedings concerning them falls far short of the standards set-out in Article 12 of the UN Convention on the Rights of the Child.

Aoife Daly (2011) "Ignoring Reality: Children and the Civil Partnership Act in Ireland" Irish Journal of Family Law 14 (4) , 2011

The Irish Civil Partnership Act 2010 accorded for the first time in this jurisdiction legal recog... more The Irish Civil Partnership Act 2010 accorded for the first time in this jurisdiction legal recognition akin to marriage for gay and lesbian couples seeking to formalise their relationships. The 2010 Act extended to same-sex couples benefits similar to those of married couples in areas such as property, succession and maintenance yet the rights, interests and needs of the children living in such families were largely ignored. This article considers international practice and urges reform which prioritises children's rights and interests.

Http Dx Doi Org 10 1080 13642980903542710, May 27, 2010

The right of children to be heard in civil proceedings affecting them as enshrined by the Convent... more The right of children to be heard in civil proceedings affecting them as enshrined by the Convention on the Rights of the Child is not expressly contained within the European Convention of Human Rights, nor has such a right been explicitly determined by the ...

Should magistrates and judges routinely meet with children in family law cases? Hearing children ... more Should magistrates and judges routinely meet with children in family law cases? Hearing children in matters affecting them has become a prominent topic in the past few years. By ratifying the UN Convention on the Rights of the Child, almost every country in the world has agreed to provide children with a ‘right to be heard’, including in family law proceedings.This article considers the extent to which judges speak directly to children when determining their best interests in England and Wales and how this context can be informed by international practice.

In light of increased prominence for children’s voices in proceedings in Ireland, this article co... more In light of increased prominence for children’s voices in proceedings in Ireland, this article considers international practice when it comes to judges meeting with children in private family law cases. The piece considers the international law framework behind hearing children and where the judicial interview may fit into that. The reasons behind hearing children are also considered, for example the question of whether it is a child’s right or a facility for the court. Experiences in jurisdictions where the judicial interview is more common are examined. In Israel, New Zealand and Canada judges regularly hear children for example, and in the UK there is much discussion about whether such interviews should be encouraged. Questions around when the interview is appropriate and what training and approaches are appropriate are explored. The article concludes by considering the application in Ireland of lessons learned in this area.

Article 12 of the UN Convention on the Rights of the Child (CRC) stipulates that children should ... more Article 12 of the UN Convention on the Rights of the Child (CRC) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children's views, and it is associated strongly with the indeterminate notion of " competence ". In this article case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children's rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent for example) particularly lose out. Children's views appear only to be given " significant weight " if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents' rights, it is proposed in this article that a children's autonomy principle is adopted in proceedings. In legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome unless it is likely that significant harm will arise from their wishes. They should also have " autonomy support " to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults.

In this introductory chapter to the book 'Children, Autonomy and the Courts: Beyond the Right to ... more In this introductory chapter to the book 'Children, Autonomy and the Courts: Beyond the Right to be Heard' Aoife Daly outlines why courts' best interest decisions about children are substitute decisions, why a 'right to be heard' in these circumstances is inadequate for children, and how autonomy would be a preferable focus. She also sets the scene for the evidence which will follow which highlights that a right to be heard is not assisting large swathes of children in getting the process, nor the outcome, which they want; but instead retaining traditional power dynamics whereby adults have the final say with little transparency or consistency.

This is Chapter 1 of Children, Autonomy and the Courts: Beyond the Rights to be Heard (Daly, 2018... more This is Chapter 1 of Children, Autonomy and the Courts: Beyond the Rights to be Heard (Daly, 2018). This chapter proposes that, although CRC Article 12 focuses on ‘hearing’ children in proceedings about their best interests, instead the aim should be to facilitate children to exercise autonomy to the highest degree possible, through a children’s autonomy principle. In legal decisions in which the best interest of the child is the primary consideration, children should get to choose – if they wish – how they are involved (process autonomy) and the outcome (outcome autonomy) unless it is likely that significant harm would arise from their involvement or preferences. The examination in this chapter of the textual problems with CRC Article 12 will inform arguments later in the book around the moral and legal inconsistencies surrounding the treatment of children’s autonomy in practice.

The rights of children in youth justice and civil court proceedings, and in particular the right ... more The rights of children in youth justice and civil court proceedings, and in particular the right of children to be heard or to 'participate' in such systems, is an area in which there has been much interest in recent years, particularly because of article 12 of the UN Convention on the Rights of the Child. There are a wide variety of proceedings in which children's interests are decided, for example where they are accused of a crime, where their parents are in dispute on family breakdown and where there are child protection concerns. This chapter examines recent developments in standards at international level concerning children's participation in proceedings, such as the drafting of General Comment No. 12 of the UN Committee on the Rights of the Child on the right to be heard and the child-friendly justice guidelines of the Council of Europe. It draws on recent international research in order to provide analysis of the extent to which such standards have affected practice and made a difference for children. It concludes that, although the development of such standards is to be welcomed, and although these standards have achieved some improvements at domestic level, the more extensive modifications required for genuine participation of children in the justice system has not occurred. Keywords UN Convention on the Rights of the Child; right to be heard; participation; youth justice; civil court proceedings; due process.

Mandatory Relationships and Sex Education (RSE) in England – Educators’ Views on Children’s Rights, 2023

Comprehensive sexuality education (known as Relationships and Sex Education (RSE) in England) whi... more Comprehensive sexuality education (known as Relationships and Sex Education (RSE) in England) which is age-appropriate, accurate, realistic and non-judgemental is a tool which enables children and young people to make informed decisions about their sexual health, sexuality, and well-being. As such, it is crucial towards the realisation of many of the rights of children under the UN Convention on the Rights of the Child, such as, but not limited to, the rights to information, education and health. However, in the English guidance on RSE, there is very little consideration of children’s rights, and the requirement to involve parents in the shaping of RSE curricula as well as the right for parents to withdraw children from sex education lessons potentially hinders children’s access to RSE. In this paper, we discuss the views and experiences of teachers and professional educators to ascertain the position of children’s rights in the National Guidance on RSE, and in the everyday practice of teaching RSE. Their views and experiences assist us in understanding some of the motivators and barriers to teaching RSE from the perspective of children’s rights. In analysing the English approach to RSE, we use Bourke, Mallon, and Maunsell’s framework and consider RSE rights under the UNCRC from the perspective of the right to education; rights in education and rights through RSE.

Human Rights Quarterly, 2020

Main points  Sexuality education helps children and young people to understand their bodies, wha... more Main points  Sexuality education helps children and young people to understand their bodies, what good relationships are, and other important matters.  It is widely accepted that children and young people have a right to sexuality education under international human rights law such as the UN Convention on the Rights of the Child (CRC):  Article 17 says that children have the right to access information aimed at the promotion of their health;  Article 24 says that states have the obligation to develop preventive health care, education and services.

Human Rights Quarterly, 2020

The #MeToo movement has exposed the need for education about consent, power dynamics and positive... more The #MeToo movement has exposed the need for education about consent, power dynamics and positive relationships. International human rights instruments oblige states to provide sexuality education, and there have been some legal challenges to state provision of such education. Courts at regional and domestic levels have focused on the benefits to the state of sexuality education, holding it permissible if it is ‘objective’ and if parents may educate privately to avoid it. It is argued in this article however that greater focus is required on sexuality education as primarily a child’s human right, independent of state discretion and/or parental rights.

Global Childhood Studies, 2019

International human rights standards are clear that children and young people have a right to sex... more International human rights standards are clear that children and young people have a right to sexuality education. Nevertheless the delivery of such education is often considered questionable, particularly for groups of children perceived as more ‘vulnerable’. In this article, the example of the right to access sexuality education for disabled children is used to explore the autonomy/vulnerability dynamic. Historically, sexuality education has been denied to disabled children, ostensibly to protect them from information and activities perceived as inappropriate due to their (perceived) greater vulnerabilities. It is argued however that discourses of sexual vulnerability can actually be dangerous in themselves. Sexuality education, rather than being a threat to disabled under-18s, serves as a way to increase their autonomy by equipping them with tools of knowledge around sex and relationships. This case study demonstrates how the autonomy of under-18s is not something inherent in them, but something which can be enhanced through recognition of rights such as education and information; as well as recognition of adult responsibilities to facilitate this.

Seen and Heard, 2020

This article provides an overview for practitioners of a project in which the views of profession... more This article provides an overview for practitioners of a project in which the views of professionals in Liverpool were examined on how and whether human rights apply to the area of kinship care. Kinship carers take on the care of children of others in their family or friend group, usually at a time of great crisis. Yet they are frequently left by the state without financial or other support, in spite of being much more likely than the general population to live in poverty and ill-health. It was found during this empirical research project that professionals generally believed that human rights are important for kinship care. The rights most frequently mentioned related to: 1) fairness and equality 2) working together and being heard 3) information and access to justice 4) children’s rights and the right to family life 5) the right to an adequate standard of living. Human rights can help authorities and local groups work together. There is a lot of common ground between the goals of local authorities and those of kinship care representatives, such as when it comes to changes in law and policy at national level to improve the status of, an services for, kinship carers. Recommendations are made in this article for example the introduction of a kinship care allowance, automatic access to free legal aid for kinship carers, and more kinship care advocacy campaigns with human rights at their core.

• In the Kinship Counts! Programme (funded by the Baring Foundation) law and human rights were re... more • In the Kinship Counts! Programme (funded by the Baring Foundation) law and human rights were relied upon to help kinship families.
• Kinship families take on the care of the child of a family member or a friend. They often face difficulties accessing financial, legal and other support.
• A human rights-based approach is important for many reasons. One reason is that it is based on a notion of basic entitlements rather than charity.
• In this project, law and human rights were used in discussions with local authorities, kinship care organisations and others; in information briefings; and in work with lawyers who may provide legal advice and representation to kinship families.
• This encouraged advocates for kin families, local authorities and others involved in the Kinship Counts! Programme to use the human rights framework when working with and for kinship families, one which is based on:

1. international human rights law standards
2. a notion of basic entitlements rather than charity, and
3. kin families, local authorities and others working together to solve problems; agreeing on actions and changes to improve outcomes and the wellbeing of families.

• This briefing highlights the background, process and initial outcomes in this project from the perspective of the human rights-based approach involved.
• In outlining this it is hoped that other groups, local authorities and central government will find it useful to adopt the human rights-based approach to kinship care and other issues.

How Human Rights Apply to Kinship Care in Liverpool – the Views of Professionals, 2020

In this article the views of professionals in Liverpool were examined on how and whether human ri... more In this article the views of professionals in Liverpool were examined on how and whether human rights apply to the area of kinship care. Kinship carers take on the care of children of others in their family or friend group, usually at a time of great crisis. Yet they are frequently left by the state without financial or other support, in spite of being much more likely than the general population to live in poverty and ill-health. It was found during this empirical research project that professionals generally believed that human rights are important for kinship care. The rights most frequently mentioned related to: 1) fairness and equality 2) working together and being heard 3) information and access to justice 4) children’s rights and the right to family life 5) the right to an adequate standard of living. Human rights can help authorities and local groups work together. There is a lot of common ground between the goals of local authorities and those of kinship care representatives, such as when it comes to changes in law and policy at national level to improve the status of, an services for, kinship carers. Recommendations are made in this article for example the introduction of a kinship care allowance, automatic access to free legal aid for kinship carers, and more kinship care advocacy campaigns with human rights at their core.

Egan and Chadwick, Poverty and human rights: multidisciplinary perspectives , 2020

There is clear resistance to the notion of human rights from some quarters in the UK. The rights ... more There is clear resistance to the notion of human rights from some quarters in the UK. The rights framework therefore does not at first appear to be the best avenue for attempts to counter poverty. In this chapter it will be argued, however, that there is evidence that incorporation of social rights is both possible and desirable in the UK. Examples such as legal incorporation of social rights in South Africa and Columbia are outlined, demonstrating that adjudication of such rights by courts need not involve judicial overreach. Yet legal incorporation is unlikely in a climate of hostility to rights, so it is crucial that ordinary people first understand what human rights are, and how they relate to their lives. Case studies in York and New Zealand for example indicate that it is social rights which are of importance to ordinary people at local level. Support for human rights more broadly would likely be increased through a comprehensive consultation process with greater emphasis on social rights such as health and education, water and housing. Social rights will help to make the case for investment in public services and will likely reinforce an understanding of rights as having the potential to uphold communal values. This indicates that UK civil society should advocate strongly for the implementation potential, including the justiciability, of social rights.

Ireland experienced an economic boom in the 2000s. There are many anomalies regarding the impleme... more Ireland experienced an economic boom in the 2000s. There are many anomalies regarding the implementation of educational rights in Ireland. On the one hand, education standards are relatively high (as the Committee on the Rights of the Child has acknowledged). But on the other hand, education in Ireland still lags behind in many areas, particularly for disadvantaged groups. This chapter outlines the successes and failures regarding the child’s right to education in one of the world’s most successful economies.

This editorial considers whether sufficient attention was accorded to children's rights and needs... more This editorial considers whether sufficient attention was accorded to children's rights and needs in a recent Irish budget.

Report Summary This desktop study aims to establish the most important rights issues for childre... more Report Summary

This desktop study aims to establish the most important rights issues for children in Europe based on available research. In this way, it is intended that children’s views on their rights, and their recommendations for improving their enjoyment of those rights, can feed into the Council of Europe’s next Strategy for the Rights of the Child, 2016-2019. A broad range of research on children’s views from across Europe is reviewed in order to highlight the themes which children identify as most important to them. The methodology for identifying the most important information includes consideration of factors such as geography, disadvantaged groups, and principles of the UNCRC. The points outlined here are those made by children. Within this framework, the themes identified as most important to children are:

Violence: Children report experiencing high levels of violence in the home and elsewhere. They wish to be believed and supported where they report it. They give recommendations on how to tackle it, such as ending physical punishment, services better suited to children’s needs, and greater control over action taken to deal with the problems they report.

Child-Friendly Justice: Children wish to receive more information on their rights in the justice system, and authorities must seek ways to help children to trust those working in the system. Children should not be in custody: Alternatives such as community service should be used instead. Children in custody have numerous recommendations for improving living conditions, which are often dire in less industrialised countries. Children of prisoners require explicit acknowledgement and assistance.

Child Participation: Although children strongly believe that they should have a say in the key decisions that affect their lives, they face a range of obstacles in this regard, such as over-complex procedures and adult indifference. A wide range of mechanisms should be developed to facilitate participation across different groups and contexts, and children should always get feedback on how and whether their views have had an impact.

Children in Care: Being heard is of huge importance to children in care, but many feel that they are not listened to. Children think that better supports and interventions are necessary to avoid children being taken into care and to ensure the best care experience possible. Children in care place great emphasis on the quality of their placement, and on retaining links with birth families.

Discrimination: Children suffer discrimination on various bases, and can therefore suffer ‘double discrimination’ – i.e. on the basis of childhood and their other status. Discrimination against children on the basis of age is little understood or acknowledged and it should be tackled through awareness-raising and legislation. Children from disadvantaged groups such as cultural and racial minorities and children with disabilities wish for greater understanding of their experiences and cultures.

Education: Children want more opportunities to participate at school and on decisions concerning their education. Children from disadvantaged groups are especially concerned about education and require special measures to facilitate their participation. Bullying at school is an issue of huge concern to many children. It could be tackled better through more opportunities to discuss it and better responses from teachers.

Child Poverty and Austerity: Children are concerned about the current economic climate and the impact it may have on their own financial situation and that of their families. Their recommendations in the area include: Better work-based training and employment opportunities for young people; welfare systems which ensure adequate incomes and security for those out of work; and free services such as youth and leisure centres. Children want to be included in decision-making about government expenditure.

There are universal themes which emerge from the variety of views and experiences included here. First, children in Europe overwhelmingly wish to be heard and to have some influence on matters regarding their rights. Although there are some very good initiatives which seek to involve children, many are tokenistic and children quickly become disillusioned. Secondly, children enormously value their families and friends, and this has consequences for the enjoyment of their rights: Service providers should think about how to better involve family where children require information about legal proceedings, for example. Thirdly, children recognise that adequate protection of rights requires sufficient allocation of public resources, particularly targeting more marginalised groups. They are concerned about the current economic climate and cuts in expenditure. Resources are highly relevant to children’s recommendations on improving rights provision, as they wish to see education and training of professionals and others to ensure that they facilitate and understand children’s rights across many areas.

This 2018 research report examines different approaches to the implementation of UN human rights ... more This 2018 research report examines different approaches to the implementation of UN human rights treaties. It examines some good practice case studies, such as the bringing into law of the UN Convention on the Rights of the Child in Norway, the ability to bring economic rights claims to courts in India, and Denmark's ‘Disability Policy Action Plan’. The report aims to contribute to an evidence-base for improving human rights law and practice in the UK and elsewhere.

The recent case of Re JS (Disposal of Body) received much media attention because a dying teenage... more The recent case of Re JS (Disposal of Body) received much media attention because a dying teenager opted for cryogenic freezing arrangements for her body on death, in the hope that she might later be revived. The possibilities and ethics surrounding futuristic scientific technologies were evoked in this case, with both the court (to a limited extent) and subsequent news coverage engaging with difficult questions about the likelihood of success of such a procedure, and the kind of experience a child might have if it were to work. The legal question, however, was not whether cryogenic freezing is acceptable, it was a ‘best interest of the child’ assessment about which parent would be responsible for the body of their child on her death.

Re A (Application for DNA Testing) [2015] EWCA Civ 133 concerns an appeal against a judgment of t... more Re A (Application for DNA Testing) [2015] EWCA Civ 133 concerns an appeal against a judgment of the Liverpool County Court and it provides a notable case study to consider from a children’s rights perspective. It is probably the least child-friendly judgment you are likely to see in this jurisdiction in recent times. The reaction by a judge to the application of a child for a court order makes for extraordinary reading, and serves as a reminder of the distance left to travel in terms of universal acceptance of children’s rights as legal actors and indeed as human beings.

The International Journal of Children's Rights, 2016

This book review considers “Article 33: Protection from Narcotic Drugs and Psychotropic Substance... more This book review considers “Article 33: Protection from Narcotic Drugs and Psychotropic Substances”, in A. Alen, J. Vande Lanotte, E. Verhellen, F. Ang, E. Berghmans, M. Verheyde and B. Abramson (eds), written by D. Barrett and P. Veerman

This book review considers Aisling Parkes ‘Children and International Human Rights Law: The Right... more This book review considers Aisling Parkes ‘Children and International Human Rights Law: The Right of Children to be Heard’ (Routledge, 2014).

This submission considers and emphasises the relevance of Article 15 of the UN Convention on the ... more This submission considers and emphasises the relevance of Article 15 of the UN Convention on the Rights of the Child (CRC) to children in street situations. Article 15 enshrines: “[T]he rights of the child to freedom of association and to freedom of peaceful assembly.” In doing so, it is recognised that children have rights and needs to participate in and influence the social and political lives of the communities in which they live. Because of the nature of the experiences of children in street situations, CRC Article 15 is a crucial provision. Such children may form groups in order to maximise survival, they may find themselves lacking in working rights, and authorities often try to disperse them from the streets. Yet these activities and experiences are rarely understood as issues of association and assembly rights. Children are not often recognised as having or needing rights outside the family and child protection context. They often associate and assemble with others in more informal ways than adults, which are more difficult to protect legally and politically. It is argued in this submission that a General Comment on Children in Street Situations is an important opportunity, therefore, to highlight the fact that association and assembly rights are as relevant to children as to adults, if not more so.

This rewritten judgment is part of a project - the children's rights judgments project - which ai... more This rewritten judgment is part of a project - the children's rights judgments project - which aims to consider how or whether judgments may be different if they took into account principles of the UN Convention on the Rights of the Child. The Castle case considered whether the 2010 refusal by police to release three teenagers from 'kettling' or containment in a London protest constituted a breach of police duties. This alternative judgment determines, unlike the original one, that police did indeed breach duties because children must be considered as a distinct group in protests, and police should receive training on how to treat them in this context.

Daly, A., “Demonstrating Positive Obligations: Children’s Rights and Peaceful Protest in International Law” George Washington International Law Review (2013). , 2013

Daly, A., “Under 18s and the Right to Vote” in Keane and McDermott (eds.), The Challenge of Human Rights: Past, Present and Future (Elgar, 2012). , Feb 1, 2012

It is argued in this book chapter that a somewhat false dichotomy has been created between adults... more It is argued in this book chapter that a somewhat false dichotomy has been created between adults and under-18s regarding the notion of capacity to vote. It is stated that the time has come for revisiting the current consensus of a voting age of 18 years both within international human rights law and at domestic level. Changes to voting ages must be made in order to recognize the new understanding of childhood and the capacities of children and young people, and consequently to accord children with much-needed (and deserved) political strength. Empirical research within developmental psychology is drawn upon to argue that the right to vote should be accorded to children, at least from the age of 12 years. The traditional denial of the right to vote to under-18s, and the potential for an evolution in practice towards recognition of this basic human right for this group, is examined. The treatment by legal systems (including international legal systems) of the factor of age is considered and the denial of voting rights to other repressed groups is highlighted. Contemporary thinking about the voting rights of adults with decreased capacity is analysed in order to further illustrate the argument that the blanket categorization of under-18s as incompetent for voting purposes is both illogical and unfair. Current state practice and recent developments are considered and the conclusion is drawn that, despite little progress in the area so far, there is potential for, and positive aspects to, according the right to vote to under-18s.

Child Care in Practice, 2008

Greene, S., Kelly, R., Nixon, L., Borska, Z., Daly, A., Murphy, S., Kelly, G., A Study in Inter-Country Adoption Outcomes in Ireland since 1980, Children’s Research Centre: Dublin (2007).

Journal of Human Rights Practice, Feb 1, 2021

Human rights are little understood and often demonized in the UK. It is of particular importance ... more Human rights are little understood and often demonized in the UK. It is of particular importance to advocate for a greater understanding of how human rights are perceived at local level, and how these understandings can inform the national and global level. Kinship care involves families or friends taking on the care of the child of another, usually in emergency circumstances such as parental death or addiction. This group are far more likely than average to live in poverty, and yet are often ignored by the state. Human rights can frame their issue as one involving legitimate claims for greater support. In the specific Liverpool context, professionals working with kinship care families were asked about the relevance of human rights to kinship care. The results indicate that professionals see human rights as relevant, though there is confusion over what rights might entail, and over how actors might access them. Human rights are understood in a markedly 'light' way, whereby the rhetoric is used but in reality attention to rights is limited. This article argues that, to achieve a more authentic reliance on human rights, rights holders' concerns must set the agenda for future norm development, and therefore multidirectional dialogue must be had about how to do this.

Youth

Comprehensive sexuality education (known as Relationships and Sex Education (RSE) in England), wh... more Comprehensive sexuality education (known as Relationships and Sex Education (RSE) in England), which is age-appropriate, accurate, realistic and non-judgemental, is a tool that enables children and young people to make informed decisions about their sexual health, sexuality and well-being. As such, it is crucial towards the realisation of many of the rights of children under the UN Convention on the Rights of the Child, such as, but not limited to, the rights to information, education and health. However, in the English guidance on RSE, there is very little consideration of children’s rights, and the requirement to involve parents in the shaping of RSE curricula as well as the right for parents to withdraw children from sex education lessons potentially hinders children’s access to RSE. In this paper, we discuss the views and experiences of teachers and professional educators to ascertain the position of children’s rights in the National Guidance on RSE and in the everyday practice ...

SSRN Electronic Journal, 2021

The International Journal of Children’s Rights

Cambridge University Press. 356 pages. Hedi Viterbo's book on law, rights and childhood i... more Cambridge University Press. 356 pages. Hedi Viterbo's book on law, rights and childhood in Israel/Palestine is important, timely and creative. This book poses a challenge to dominant narratives about law, human rights, and childhood, not just in the context of Israel/Palestine but also well beyond that space. It poses important questions about childhood, and its social and legal context more broadly, and particularly in relation to human rights frameworks at domestic and international level.

Recently there has been a significant increase in the involvement of children and young people in... more Recently there has been a significant increase in the involvement of children and young people in protests across the globe. As a result of this increase, children have directly influenced political change but have also faced threats to their safety. This raises distinct children's rights issues, and the trends identified necessitate both conceptualizing protest involvement from a children's rights perspective, and critically examining the manner in which the law-at both a national and international level-has approached the involvement of children in such activities. This Article examines the positive obligations of States and argues that children should be recognized as a distinct, valid, and sometimes vulnerable group that has the right to protest and the right to be facilitated in doing so. I. * Dr. Aoife Daly is a lecturer at the School of Law and Director of Academic Studies at the Human Rights Centre at the University of Essex. She has worked and researched widely on human rights issues, in particular on children's rights. She has held a number of N.G.O. and academic positions and has worked for the Children's Research Centre in Trinity College Dublin, Amnesty International (as an Executive Committee member) and Save the Children U.K. She has a Ph.D. in international human rights law from Trinity College Dublin (2011), an LL.M. in the same from the Irish Centre for Human Rights, National University of Ireland Galway (2003), and a B.A. in applied psychology from University College Cork (2002). The author would like to thank Prof.

Child Care in Practice, 2008

We use a fully self-consistent evolutionary code to follow the rotational evolution of low mass r... more We use a fully self-consistent evolutionary code to follow the rotational evolution of low mass red giants, making a comprehensive attempt to assess the role of rotationally induced mixing in the development of abundance anomalies in giants with a range of masses and metallicities in stellar clusters and the field. We adopt a maximal mixing approach with reasonable initial conditions of angular momentum distribution and main sequence rotation rates as a function of stellar type. Unlike most previous work, we do not focus on the determination of combinations of mixing rate and depth that reproduce the data on a particular stellar type. Instead, we concentrate on the more fundamental problem of the simultaneous reproduction of the patterns of CNO surface abundances in both Population I and Population II giants using the same physics and models. We follow and discuss the essential physics of rotational mixing in terms of the structural and angular momentum evolution along the red giant branch (RGB). A general result of all our models is that rotational mixing, although present in small amounts, is inefficient on the lower RGB independently of any inhibiting effect of µ-barriers. Therefore, the lack of well mixed stars before the luminosity of the RGB bump in globular clusters and the field does not constitute unquestionable evidence for the inhibition of mixing by µ-barriers. Instead, we argue that the rapid disappearance of the RGB bump as soon as mixing is allowed to penetrate µ-barriers is what actually constitutes the first solid evidence of such inhibition. Maximal mixing models with differentially rotating envelopes are able to reproduce the 12 C/ 13 C data on M67 giants with initial rotation rates adequate to their progenitors, but fail to do so for open clusters of larger turnoff mass as well as for metal-poor giants in the field and globular clusters. Possible solutions are discussed. Our favored scenario is one in which the overall strength of canonical extra mixing has been underestimated by existent derivations, but which additionally needs to be coupled with a much lower efficiency for rotational mixing among the rapidly rotating open cluster giants than in the slowly rotating ones

Human Rights Quarterly, 2020

Social Science Research Network, Feb 1, 2017

This rewritten judgment is part of a project - the children's rights judgments project - ... more This rewritten judgment is part of a project - the children's rights judgments project - which aims to consider how or whether judgments may be different if they took into account principles of the UN Convention on the Rights of the Child. The Castle case considered whether the 2010 refusal by police to release three teenagers from 'kettling' or containment in a London protest constituted a breach of police duties. This alternative judgment determines, unlike the original one, that police did indeed breach duties because children must be considered as a distinct group in protests, and police should receive training on how to treat them in this context.

SSRN Electronic Journal, 2022

SSRN Electronic Journal, 2020

This is an open access article distributed under the terms of the CC BY 4.0 license.

Children, Autonomy and the Courts, 2017

In this book Aoife Daly reframes the status of children where courts decide their best interests,... more In this book Aoife Daly reframes the status of children where courts decide their best interests, arguing that the Convention on the Rights of the Child ‘right to be heard’ is insufficient, and that autonomy should instead be the focus.

Commissioned by Kinship Carers Liverpool Summary  In the Kinship Counts! Programme law and human... more Commissioned by Kinship Carers Liverpool Summary  In the Kinship Counts! Programme law and human rights were relied upon to help kinship families.  Kinship families take on the care of the child of a family member or a friend. They often face difficulties accessing financial, legal and other support.  A human rights-based approach is important for many reasons. One reason is that it is based on a notion of basic entitlements rather than charity.  In this project, law and human rights were used in discussions with local authorities, kinship care organisations and others; in information briefings; and in work with lawyers who may provide legal advice and representation to kinship families.  This encouraged advocates for kin families, local authorities and others involved in the Kinship Counts! Programme to use the human rights framework when working with and for kinship families, one which is based on: 1. international human rights law standards 2. a notion of basic entitlements rather than charity, and 3. kin families, local authorities and others working together to solve problems; agreeing on actions and changes to improve outcomes and the wellbeing of families.

The study consisted of three stages. In stage one, research on intercountry adoption outcomes, po... more The study consisted of three stages. In stage one, research on intercountry adoption outcomes, policies and practices was reviewed. A computerised database on all intercountry adoptions in Ireland was compiled. In stage two, measures were selected and interview schedules constructed. A random sample of 180 children aged one to 18 was drawn from the total population. In stage three, the main data collection took place, entailing visits to 170 households in order to assess and interview the children and their parents; distribution of questionnaires to 70 teachers; focus groups with service providers; meetings with support groups and interviews with 19 internationally adopted young adults. The main report presents an extensive description of the resulting data. This Summary Report outlines the aims of the study and the approach taken to collecting the data. It then presents a discussion of the main findings. For a detailed account of the study the reader is advised to consult the main ...

It is now widely recognised that children have a right to be heard in family proceedings. This ri... more It is now widely recognised that children have a right to be heard in family proceedings. This right is enshrined in Article 12 of the UN Convention on the Rights of the Child and is mirrored in domestic legislation throughout the world. This article provides analysis of various aspects of hearing children in family proceedings around the world, based on research conducted for the purposes of a forthcoming book on this theme. The relevance for practice in England and Wales is considered. Some diverse models are examined – children’s hearings in Scotland where it is assumed children themselves will be present, New Zealand where children can instruct a lawyer and simultaneously have a legal representative for their best interests, and Israel, where children are now to be offered the right to be heard in all family law cases. It is also argued, however, that the matter of how weight should be attributed to children’s views has remained a very vague and challenging concept and that this...

The rights of children in youth justice and civil court proceedings, and in particular the right ... more The rights of children in youth justice and civil court proceedings, and in particular the right of children to be heard or to ‘participate’ in such systems, is an area in which there has been much interest in recent years, particularly sparked by Article 12 of the UN Convention on the Rights of the Child. There are a wide variety of proceedings in which children’s interests are decided, for example where they are accused of a crime, where their parents are in dispute on family breakdown and where there are child protection concerns. This chapter examines recent developments in standards at international level concerning children’s participation in proceedings, such as the drafting of General Comment No. 12 of the UN Committee on the Rights of the Child on the right to be heard and the child-friendly justice guidelines of the Council of Europe. It draws on recent international research in order to provide analysis of the extent to which such standards have affected practice and made...