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09 March 2012 / Dorothea Gartland
Categories: Blogs , Child law
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The Rights of the Child: Law and Practice

This book is the reference work for the family advocate who wishes to use the UN Convention on the Rights of the Child on behalf of the children they represent.

Author: Alistair MacDonald QC
Publisher: Jordan Publishing Limited; 1st edition
ISBN:  978-1846612107 Price: £75.00

The central message of this book is that the UN Convention on the Rights of the Child  (CRC) can be relied on before the domestic courts despite the fact that it has not yet been formally incorporated or transformed into domestic law (unlike the European Convention on Human Rights). It starts with providing an historical context into which children’s rights are placed before going on to explore in detail the international and domestic legal frameworks that exist and how these are then implemented by the domestic courts.

Further chapters explore legal principles in relation to children and consider in detail the definition of child including:

  • the principle of evolving capacity
  • the concept of best interests,
  • and an exploration of the child’s right to participate in both an international and a domestic context.

The book is wide ranging,

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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