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The rights of the child to be heard : critical analysis

By: Contributor(s): Publication details: BangaloreBangalore NLSIU 2011Description: 78 p. ; 25 cmOnline resources:
Contents:
INDEX Abstract ; Chapter 1, 1. Framework of Inquiry ; 1.1 Introduction ; 1.2 Subject matter ; 1.2.1 Aims and Objectives ; 1.2.2 Delimitation ; 1.3 methods and Materials-Approach .; Chapter 2, child Rights to Participation: A Framework; 2.1 Introduction ; 2.2 One Step towards its Development. ; 2.2.1 Child also a Right Holder ; 2.2.2 The Convention on the rights of the child: an Invention ; 2.2.3 Specific Provisions of the Convention ; 2.2.4 Principles of Interpretation; 2.3 Standards of implementation of the Provisions ; Chapter 3, International and National laws on Child Rights 3.1 Child as a rather Human Being ; 3. 1.2 The Universal Declaration of the Human Rights ; 3.1.3 The International Covenant on Civil and Political Rights ; 3.2 The European System ; 3.2.1 The European Convention on Human Rights ; 3.2.2 The European Convention on Exercise of child rights ; 3.2.3 The Charter of Fundamental Rights of the European Union ; 3.3 The Inter-American System ; 3.4 The African System ; 3.5 Conclusion ; Chapter 4, Rights of the Child to be Heard; 4.1 Do Children Have Rights? ; 4.2 The Rights of the Child to be Heard: a framework ; 4.2.1 Art. 12 of the Convention: an analysis ; 4.2.2 " ... the Child who is capable of forming his or her own views ; 4.2.3 " ... right to express these views freely ; 4.2.4 " ... in all matters affecting the child ; 4.2.5 " ... the views of the being given due weight in accordance with the age and maturity of the child ; 4.2.6 "for this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child ; 4.2.7 either directly, or through a representative or on an appropriate body, in a manner consistent with procedural rules of National Laws" ; .3 Summary of the analysis ; Chapter 5, Representation of the Children in Judicial settings under the JJA and Model Rules; 5.1 Introduction ; 5.1.2 Reflective Exercise ; 5.2 Need for Representation of the Child before the Court; 5.2.1 Terminology in use relevant to Representation of the Child ; 5.3 Guardian Ad Litem: An Introduction ; 5.4 Forms of Representing Children before the Court ; 5.5 GALs in the Context of JJ (Amendment) Act, 2006 ; 5.6 Duties of a child advocate; 5.7 Issues of Concern, Problems, Opportunities, Dilemmas, ethical issues ; 5.7.1 Balancing Child rights and parents rights ; 5.7.2 Cultural and other variables in determining what is in the Best Interest of the Child ; 5.7.3 Ethical dilemmas relating to asserting a child's capacity to choose ; 5.7.4 Training for GALs ; 5.8 Conclusion ; Chapter 6, Conclusion and Suggestion 6.1 Conclusion ; 6.2 Some suggestions ; 6.3 Final words; Annexure; 1. United Nations Convention on the Rights of the Child.
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Dissertation . Not for loan LLM356

INDEX Abstract ; Chapter 1, 1. Framework of Inquiry ; 1.1 Introduction ; 1.2 Subject matter ; 1.2.1 Aims and Objectives ; 1.2.2 Delimitation ; 1.3 methods and Materials-Approach .; Chapter 2, child Rights to Participation: A Framework; 2.1 Introduction ; 2.2 One Step towards its Development. ; 2.2.1 Child also a Right Holder ; 2.2.2 The Convention on the rights of the child: an Invention ; 2.2.3 Specific Provisions of the Convention ; 2.2.4 Principles of Interpretation; 2.3 Standards of implementation of the Provisions ; Chapter 3, International and National laws on Child Rights 3.1 Child as a rather Human Being ; 3. 1.2 The Universal Declaration of the Human Rights ; 3.1.3 The International Covenant on Civil and Political Rights ; 3.2 The European System ; 3.2.1 The European Convention on Human Rights ; 3.2.2 The European Convention on Exercise of child rights ; 3.2.3 The Charter of Fundamental Rights of the European Union ; 3.3 The Inter-American System ; 3.4 The African System ; 3.5 Conclusion ; Chapter 4, Rights of the Child to be Heard; 4.1 Do Children Have Rights? ; 4.2 The Rights of the Child to be Heard: a framework ; 4.2.1 Art. 12 of the Convention: an analysis ; 4.2.2 " ... the Child who is capable of forming his or her own views ; 4.2.3 " ... right to express these views freely ; 4.2.4 " ... in all matters affecting the child ; 4.2.5 " ... the views of the being given due weight in accordance with the age and maturity of the child ; 4.2.6 "for this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child ; 4.2.7 either directly, or through a representative or on an appropriate body, in a manner consistent with procedural rules of National Laws" ; .3 Summary of the analysis ; Chapter 5, Representation of the Children in Judicial settings under the JJA and Model Rules; 5.1 Introduction ; 5.1.2 Reflective Exercise ; 5.2 Need for Representation of the Child before the Court; 5.2.1 Terminology in use relevant to Representation of the Child ; 5.3 Guardian Ad Litem: An Introduction ; 5.4 Forms of Representing Children before the Court ; 5.5 GALs in the Context of JJ (Amendment) Act, 2006 ; 5.6 Duties of a child advocate; 5.7 Issues of Concern, Problems, Opportunities, Dilemmas, ethical issues ; 5.7.1 Balancing Child rights and parents rights ; 5.7.2 Cultural and other variables in determining what is in the Best Interest of the Child ; 5.7.3 Ethical dilemmas relating to asserting a child's capacity to choose ; 5.7.4 Training for GALs ; 5.8 Conclusion ; Chapter 6, Conclusion and Suggestion 6.1 Conclusion ; 6.2 Some suggestions ; 6.3 Final words; Annexure; 1. United Nations Convention on the Rights of the Child.