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Decisional Privacy and the Rights of the Child (Hardcover)
Loot Price: R4,057
Discovery Miles 40 570
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Decisional Privacy and the Rights of the Child (Hardcover)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 19 working days
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Decisional privacy gives individuals the freedom to act and make
decisions about how they live their lives, without unjustifiable
interference from other individuals or the state. This book
advances a theory of a child's right to decisional privacy. It
draws on the framework of the United Nations Convention on the
Rights of the Child and extends the work of respected children's
rights scholars to address a significant gap in understanding the
interconnections between privacy, family law and children's rights.
It contextualises the theory through a case study: judicial
proceedings concerning medical treatment for children experiencing
gender dysphoria. This work argues that recognising a substantive
right to decisional privacy for children requires procedural rights
that facilitate children's meaningful participation in
decision-making about their best interests. It also argues that, as
courts have increasingly encroached upon decision-making regarding
children's medical treatment, they have denied the decisional
privacy rights of transgender and gender diverse children. This
book will benefit researchers, students, judicial officers and
practitioners in various jurisdictions worldwide grappling with the
tensions between children's rights, parental responsibilities and
state duties in relation to children's best interests, and with the
challenge of better enabling and listening to children's voices in
decision-making processes.
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