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The high profile cases of Charlie Gard, Alfie Evans, and Tafida
Raqeeb raised the questions as to why the state intrudes into the
exercise of parental responsibility concerning the medical
treatment of children and why parents may not be permitted to
decide what is in the best interests of their child. This book
answers these questions. It argues for a reframing of the law
concerned with the medical treatment of children to one which
better protects the welfare of the individual child, within the
context of family relationships recognising the duties which
professionals have to care for the child and that the welfare of
children is a matter of public interest, protected through the
intervention of the state. This book undertakes a rigorous critical
analysis of the case law concerned with the provision of medical
treatment to children since the first reported cases over forty
years ago. It argues that understanding of the cases only as
disputes over the best interests of the child, and judicial
resolution thereof, fails to recognise professional duties and
public responsibilities for the welfare and protection of children
that exist alongside parental responsibilities and which justify
public, or state, intervention into family life and parental
decision-making. Whilst the principles and approach of the court
established in the early cases endure, the nature and balance of
these responsibilities to children in their care need to be
understood in the changing social, legal, and political context in
which they are exercised and enforced by the court. The book will
be a valuable resource for academics, students, and practitioners
of Medical Law, Healthcare Law, Family Law, Social Work, Medicine,
Nursing, and Bioethics.
This book provides a comprehensive examination of the legal
regulation of the provision of healthcare to young children in
England and Wales. A critical analysis is given on the law
governing the provision of healthcare to young and dependent
children identifying an understanding of the child as vulnerable
and in need of protection, including from his or her own parents.
The argument is made for a conceptual framework of relational
responsibilities which would ensure that consideration is given to
the needs of the child as an individual, to the experiences of
parents gained as they care for their child and that the wider
context, such as attitudes towards disability, public health issues
or the support and resources available, is examined. This book
makes an important contribution to understanding the law regulating
the provision of healthcare to young and dependent children and to
the development of a discourse of responsibility.
The high profile cases of Charlie Gard, Alfie Evans, and Tafida
Raqeeb raised the questions as to why the state intrudes into the
exercise of parental responsibility concerning the medical
treatment of children and why parents may not be permitted to
decide what is in the best interests of their child. This book
answers these questions. It argues for a reframing of the law
concerned with the medical treatment of children to one which
better protects the welfare of the individual child, within the
context of family relationships recognising the duties which
professionals have to care for the child and that the welfare of
children is a matter of public interest, protected through the
intervention of the state. This book undertakes a rigorous critical
analysis of the case law concerned with the provision of medical
treatment to children since the first reported cases over forty
years ago. It argues that understanding of the cases only as
disputes over the best interests of the child, and judicial
resolution thereof, fails to recognise professional duties and
public responsibilities for the welfare and protection of children
that exist alongside parental responsibilities and which justify
public, or state, intervention into family life and parental
decision-making. Whilst the principles and approach of the court
established in the early cases endure, the nature and balance of
these responsibilities to children in their care need to be
understood in the changing social, legal, and political context in
which they are exercised and enforced by the court. The book will
be a valuable resource for academics, students, and practitioners
of Medical Law, Healthcare Law, Family Law, Social Work, Medicine,
Nursing, and Bioethics.
This collection brings together some of the most eminent and
exciting authors researching family responsibilities to examine
understandings of the day to day responsibilities which people
undertake within families and the role of the law in the
construction of those understandings. The authors explore a range
of questions fundamental to our understanding of 'responsibility'
in family life: To whom, and to what ends, are family members
responsible? Is responsibility primarily a matter of care? Can we
fulfil our family responsibilities by paying those to whom we owe
responsibility? Or by paying others to fulfil our caring
obligations for us? In each of these circumstances the chapters in
this collection explore what it means to have family
responsibilities, what constitutes an adequate performance of such
responsibilities and the point at which the state intervenes. At
the heart of this collection is an interest in the way in which the
changing family affects people's perception and exercise their
family responsibilities, and how the law attempts to regulate (and
understand) those responsibilities. The essays range across intact
and separated or fragmented families, from lone and shared
parenting in single homes to caring across households (and even
across international boundaries) to reflect on the actual caring
responsibilities of family members and on the fulfilment of
financial responsibilities in families. This collection seeks to
advance our understanding of the attempts of the law, and its
limits, in regulating the responsibilities which family members
take for each other.
Focusing on moral, social and legal responsibilities as opposed to
rights or obligations, this volume explores the concept of
responsibility in family life, law and practice. Divided into four
parts, the study considers the nature of family responsibility;
constructions of children's responsibilities; shifting conceptions
of family responsibilities; and family, responsibility and the law.
The collection brings together leading experts from the disciplines
of sociology, socio-legal studies and law to discuss
responsibilities prior to birth, responsibilities for children, as
well as responsibilities of children and of the state towards
family members. The volume informs and challenges the developing
conceptualization of responsibilities which arise in
interdependent, intimate and caring relationships and their legal
regulation. It will be of great interest to researchers and
practitioners working in this complex field.
This collection brings together some of the most eminent and
exciting authors researching family responsibilities to examine
understandings of the day to day responsibilities which people
undertake within families and the role of the law in the
construction of those understandings. The authors explore a range
of questions fundamental to our understanding of 'responsibility'
in family life: To whom, and to what ends, are family members
responsible? Is responsibility primarily a matter of care? Can we
fulfil our family responsibilities by paying those to whom we owe
responsibility? Or by paying others to fulfil our caring
obligations for us? In each of these circumstances the chapters in
this collection explore what it means to have family
responsibilities, what constitutes an adequate performance of such
responsibilities and the point at which the state intervenes. At
the heart of this collection is an interest in the way in which the
changing family affects people's perception and exercise their
family responsibilities, and how the law attempts to regulate (and
understand) those responsibilities. The essays range across intact
and separated or fragmented families, from lone and shared
parenting in single homes to caring across households (and even
across international boundaries) to reflect on the actual caring
responsibilities of family members and on the fulfilment of
financial responsibilities in families. This collection seeks to
advance our understanding of the attempts of the law, and its
limits, in regulating the responsibilities which family members
take for each other.
Focusing on moral, social and legal responsibilities as opposed to
rights or obligations, this volume explores the concept of
responsibility in family life, law and practice. Divided into four
parts, the study considers the nature of family responsibility;
constructions of children's responsibilities; shifting conceptions
of family responsibilities; and family, responsibility and the law.
The collection brings together leading experts from the disciplines
of sociology, socio-legal studies and law to discuss
responsibilities prior to birth, responsibilities for children, as
well as responsibilities of children and of the state towards
family members. The volume informs and challenges the developing
conceptualization of responsibilities which arise in
interdependent, intimate and caring relationships and their legal
regulation. It will be of great interest to researchers and
practitioners working in this complex field.
Feminist Perspectives on Child Law is a collection of
interdisciplinary socio-legal essays which explore the complex
relationship between childhood,gender and the law. Drawing on a
wide range of feminist and critical theories and empirical
research, these original essays challenge the gender neutrality of
law; they explore the shifting constructions of childhood by law,
legal practice and popular culture; and they provide critical and
timely insights into the complex relationship between adults and
children. The essays go beyond the traditional boundaries of child
law within the law school curriculum and within legal practice by
addressing a wide range of issues, such as health, criminal
justice, education, sexuality and domestic violence. By approaching
these issues in innovative ways, the essays question the impact of
gender on social and cultural understandings of childhood and on
contemporary interpretations of child welfare and give voice to the
different choices and experiences of male and female children.
Feminist Perspectives on Child Law is a collection of
interdisciplinary socio-legal essays which explore the complex
relationship between childhood,gender and the law. Drawing on a
wide range of feminist and critical theories and empirical
research, these original essays challenge the gender neutrality of
law; they explore the shifting constructions of childhood by law,
legal practice and popular culture; and they provide critical and
timely insights into the complex relationship between adults and
children. The essays go beyond the traditional boundaries of child
law within the law school curriculum and within legal practice by
addressing a wide range of issues, such as health, criminal
justice, education, sexuality and domestic violence. By approaching
these issues in innovative ways, the essays question the impact of
gender on social and cultural understandings of childhood and on
contemporary interpretations of child welfare and give voice to the
different choices and experiences of male and female children.
This book provides a comprehensive examination of the legal
regulation of the provision of healthcare to young children in
England and Wales. A critical analysis is given on the law
governing the provision of healthcare to young and dependent
children identifying an understanding of the child as vulnerable
and in need of protection, including from his or her own parents.
The argument is made for a conceptual framework of relational
responsibilities which would ensure that consideration is given to
the needs of the child as an individual, to the experiences of
parents gained as they care for their child and that the wider
context, such as attitudes towards disability, public health issues
or the support and resources available, is examined. This book
makes an important contribution to understanding the law regulating
the provision of healthcare to young and dependent children and to
the development of a discourse of responsibility.
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