Childrens Socio Economic Rights And The Courts

This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children's rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.' Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.

This paper defends a role for the courts in ensuring the vindication of children's socio-economic rights where the elected branches of government have not done so. In it, I argue that it is legitimate for the courts to act assertively in order to ensure that children's socio-economic rights are implemented. Such judicial activity may extend to the courts prescribing steps that the state must take in order to fulfil the positive obligations imposed by children's socio-economic rights. In doing so, the courts exercise control over the discretion of the other organs of government with regard to law- or policy-making. The paper focuses on the positivistic legal legitimacy within a constitutional liberal democracy of the courts acting assertively in order to guarantee children's socio-economic rights. In particular, I argue that the courts may behave in this way even where such judicial behaviour appears prima facie to be undemocratic or counter-majoritarian.

Through an analysis of Supreme Court and lower court decisions over the last several decades, this book determines the extent to which the federal courts have affected the legal, political, economic, and social status of children in the U.S.

Social rights are a pivotal concern for all of society, including today’s population of children. The study of the rights, or lack thereof, that children have must be undertaken to ensure that future generations are thriving members of their communities. Global Ideologies Surrounding Children's Rights and Social Justice highlights the trials and tribulations that children have often had to overcome to be considered true citizens of their communities. Featuring comprehensive coverage on a wide range of applicable topics such as child abuse, socio-economic rights, social injustice, and welfare issues, this is a critical reference source for educators, academicians, students, and researchers interested in studying new approaches for the social advancement of children.

This collection is anchored in an African conception of children's rights and the law, and reflects contemporary discourses taking place in the region of the children's rights sphere. The majority of contributors are African and adopt an individual approach to their topic which reflects their first-hand experience. The book focuses on child rights issues which have particular resonance on the continent and the chapters span themes which are both broad and narrow, containing subject matter which is both theoretical and illuminated by practice. The book profiles recent developments and experiences in furthering children's legal rights in the African context, and distils from these future trends the specific role that the law can play in the African children's rights environment.

This very teachable book is ideal for child-focused courses that deal with the juvenile justice system and the child welfare system or with the legal position of children within their families and society. The Fourth Edition is updated with case law and legislation current through mid-2019, including the Supreme Court’s latest decisions on special education, constitutional limits on punishing minors, new materials on conflicts between parents and state authorities over school curriculum, faith healing, and compulsory vaccination, as well as on the free speech and free exercise rights of students. The chapters on delinquency explore why the new understanding of how and when adolescents mature is revolutionizing the law, and the unit on child abuse and neglect and the child welfare system covers new state and federal legislation, as well as cases from around the country that examine the tension between protecting children’s relationships with their families and protecting them from harm. New to the Fourth Edition: The Supreme Court’s latest special education decisions Cases challenging new, tough legislation eliminating exceptions to vaccination requirements More in-depth examination of the conflict between students’ free speech rights and schools’ anti-bullying initiatives The “Making a Murderer” case as a vehicle for analyzing limits on police interrogation of juveniles Cases exploring how Troxel affects child abuse and neglect cases Professors and students will benefit from: Problem exercises throughout the book—some short and others longer and more complex An interdisciplinary approach that incorporates information from related social sciences such as psychology and sociology Balanced perspective and coverage of issues, with no perceptible liberal or conservative bias in tone or selection of topics Ample coverage of juvenile courts Logical organization and clear structure that make it suitable for a variety of teaching styles Teaching materials include: Teacher’s Manual Sample interim assessment problems

The United Nations 1989 Convention on the Rights of the Child (CRC) constitutes a landmark in the development of international human rights law and reflects an historic turn in universal thinking about children and their rights. Many children in Africa today face the future with a deep sense of uncertainty and foreboding. Many have no hope of education and the issues of child trafficking, sexual exploitation and child labour reflect a profound crisis of the family. The current socio-economic situation has radically changed the world views and the life expectations of the African child. This book attempts to respond to some of the questions that could be asked: to what extent have the provisions of the CRC been implemented in the national legislations of African States? What effect have they had on children in Africa? What mechanisms exist to prevent and sanction rights abusers? Are children's rights in Africa reality, or simply rhetoric?

There are two systems for realizing South African children's basic socio-economic rights: the lsquo;private' system for claiming maintenance from parents and the lsquo;public' system of child welfare. This article compares the courts' responses to problems in realizing children's rights in these two systems, focusing particularly on the emerging jurisprudence dealing with recalcitrant social welfare departments. Although courts have been willing to adopt innovative and severe measures against private maintenance defaulters, a similar willingness to issue drastic orders against malfunctioning government departments only arose once it became clear that they were deliberately ignoring court orders. Failures in both systems have prompted the courts to craft original, socially responsible legal rules and to limit the technical defences that prevent the realization of constitutional rights. In the welfare cases, courts have assumed sweeping remedial powers against government officials, relying on the claimants' fundamental constitutional rights. The article concludes by setting out the limits of court intervention in ensuring effective realization of children's rights, especially for the most disadvantaged children.