Policy Press
Child Protection and the European Court of Human Rights
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Edited by:
About this book
Article 1 of the European Convention of Human Rights gives children the same protection of their fundamental rights and freedoms as adults. However, there is a notable absence of specific provisions for their rights. What does this imply in practice? This interdisciplinary volume brings together leading scholars in political science, law, social work and more to examine how the European Court of Human Rights (ECtHR) shapes – and is shaped by – child protection litigation and mobilisation. Norway has had more child protection cases decided by the ECtHR than any other country, and so this book, a first of its kind, uses Norway as a specific focus and explores the evolving role of the Court in balancing parental rights, state authority and children’s best interests, offering a fresh perspective on the intersection of international human rights law, children’s rights and child protection policy.
Topics
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Front Matter
i -
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Contents
iii -
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List of figures and tables
v -
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List of abbreviations
vi -
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Notes on contributors
vii -
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Acknowledgements
xii -
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Preface
xiii -
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1 Children’s rights under pressure: Norway, the European Court of Human Rights and the challenges to welfare state legitimacy
1 - PART I The European Court of Human Rights from a national perspective
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2 Are the child welfare cases against Norway in the European Court of Human Rights unique?
23 -
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3 Child protection and the European Court of Human Rights: the case of Finland and Article 8
45 -
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4 Children’s rights and European Court of Human Rights judgments’ effects on Norwegian courts and jurisprudence
59 -
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5 Implementing international human rights case law at the domestic street level: the case of Norwegian child protection
75 -
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6 Representations of children in European Court of Human Rights judgments
98 -
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7 Exploring ethnicity constructs in European Court of Human Rights judgments
116 - PART II Transnational influence of the European Court of Human Rights
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8 Prioritising the child’s best interests: mixed messages in the international human rights arena
135 -
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9 Think of the children! Children’s rights as the new frontier in anti-gender contestation
153 -
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10 When ‘bad friends’ lobby the court against human rights
178 -
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11 Mobilised interests, the European Court of Human Rights and children’s rights
192 - PART III The European Court of Human Rights and its jurisprudence
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12 Children and rights to identity at the European Court of Human Rights
211 -
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13 Normative considerations about the guiding principles for the European Court of Human Rights allocating custody in child protection
229 -
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14 The relationship between the UN Convention on the Rights of the Child and the European Court of Human Rights in numbers
244 -
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15 The European Court of Human Rights: an untapped source for advancing child rights?
260 -
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Index
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