This important edited collection is the culmination of research
undertaken by the Children's Rights Judgments Project. This
initiative involved academic experts revisiting existing case law,
drawn from a range of legal sub-disciplines and jurisdictions, and
redrafting the judgment from a children's rights perspective. The
rewritten judgments shed light on the conceptual and practical
challenges of securing children's rights within judicial
decision-making and explore how developments in theory and practice
can inform and (re-)invigorate the legal protection of children's
rights. Collectively, the judgments point to five key factors that
support a children's rights-based approach to judgment writing.
These include: using children's rights law and principles; drawing
on academic insights and evidence; endorsing child friendly
procedures; adopting a children's rights focused narrative; and
using child-friendly language. Each judgment is accompanied by a
commentary explaining the historical and legal context of the
original case and the rationale underpinning the revised judgment
including the particular children's rights perspective adopted; the
extent to which it addresses the children's rights deficiencies
evident in the original judgment; and the potential impact the
alternative version might have had on law, policy or practice.
Presented thematically, with contributions from leading scholars in
the field, this innovative collection offers a truly new and unique
perspective on children's rights.
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