No weight for “due weight”? : (Record no. 5792)

MARC details
000 -LEADER
fixed length control field 02661nab a22002897a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151448.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 180327s2018 -nz||||| |||| 00| 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency AFVC
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Daly, Aiofe
9 (RLIN) 7435
245 ## - TITLE STATEMENT
Title No weight for “due weight”? :
Remainder of title a children’s autonomy principle in best interest proceedings
Statement of responsibility, etc Aiofe Daly
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc Brill Online,
Date of publication, distribution, etc 2018
500 ## - GENERAL NOTE
General note International Journal of Children’s Rights, 2018, 26(1): 61-92
520 ## - SUMMARY, ETC.
Summary, etc Article 12 of the UN Convention on the Rights of the Child (CRC) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children’s views, and it is associated strongly with the indeterminate notion of “competence”. In this article, case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children’s rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent, for example) particularly lose out. Children’s views appear only to be given “significant weight” if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents’ rights, it is proposed in this article that a children’s autonomy principle is adopted in proceedings – in legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome, unless it is likely that significant harm will arise from their wishes. They should also have “autonomy support” to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults. (Author's abstract). Record #5792
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CHILDREN
9 (RLIN) 127
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CONTACT (ACCESS)
9 (RLIN) 29
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CHILDREN'S RIGHTS
9 (RLIN) 135
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element FAMILY LAW
9 (RLIN) 244
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element JUSTICE
9 (RLIN) 333
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element PARENTS
9 (RLIN) 430
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element SEPARATION
9 (RLIN) 522
650 #5 - SUBJECT ADDED ENTRY--TOPICAL TERM
9 (RLIN) 617
Topical term or geographic name as entry element Convention on the Rights of the Child (UNCROC)
650 #5 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element YOUNG PEOPLE
9 (RLIN) 660
773 0# - HOST ITEM ENTRY
Title International Journal of Children’s Rights, 2018, 26(1): 61-92
830 ## - SERIES ADDED ENTRY--UNIFORM TITLE
9 (RLIN) 5280
Uniform title International Journal of Children’s Rights
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="http://booksandjournals.brillonline.com/content/journals/10.1163/15718182-02601012">http://booksandjournals.brillonline.com/content/journals/10.1163/15718182-02601012</a>
Link text Read abstract
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Journal article

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