New Zealand case studies to test the meaning and use of Article 5 of the 1989 United Nations Convention on the Rights of the Child (Record no. 6825)

MARC details
000 -LEADER
fixed length control field 02713nab a22003377a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151535.0
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fixed length control field 200929s2020 -nz|| |||| 00| 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency AFVC
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Henaghan, Mark
9 (RLIN) 1333
245 ## - TITLE STATEMENT
Title New Zealand case studies to test the meaning and use of Article 5 of the 1989 United Nations Convention on the Rights of the Child
Statement of responsibility, etc Mark Henaghan
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc Brill,
Date of publication, distribution, etc 2020
500 ## - GENERAL NOTE
General note International Journal of Children's Rights, 2020, 28(3): 588-612
520 ## - SUMMARY, ETC.
Summary, etc Article 5 of the UN Convention on the Rights of the Child recognises the importance of parents and wider family members in ensuring that children are given appropriate directions on their rights in the UN Convention on the Rights of the Child. This paper analyses the wording of Article 5 and four New Zealand case studies to test the possible interpretations of Article 5. The paper builds on the work of Landsdown and Kamchedzera (Landsdown, 2005; Kamchedzera, 2012) who have done previous comprehensive analyses of the ambit and significance of the wording in Article 5. Article 5, like all international instruments, is not designed to provide prescriptive answers to challenging problems where there is a clash of which rights should prevail for children in particular situations. The central theme of this paper is that where there is a clash of a child’s rights, the tiebreaker should be which right in the particular situation will best enhance the unique identity of a particular child. The paper draws on the work of Ronen () which argues that the purpose of a child’s rights framework is so the child can construct their individualised identity which is authentic and real for that particular child. The New Zealand case studies have been chosen to exemplify particular aspects of Article 5 and see how they are played out in particular court settings and whether the outcome enhances or inhibits the child’s opportunity to develop their unique identity. (Author's abstract). Record #6825
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CHILDREN'S RIGHTS
9 (RLIN) 135
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Topical term or geographic name as entry element FAMILIES
9 (RLIN) 238
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Topical term or geographic name as entry element FAMILY COURT
9 (RLIN) 241
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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 MĀORI
9 (RLIN) 357
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element PARENTS
9 (RLIN) 430
650 #4 - 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 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element MĀTUA
9 (RLIN) 5550
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TAMARIKI
9 (RLIN) 597
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TIKANGA TUKU IHO
9 (RLIN) 5542
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TURE WHĀNAU
9 (RLIN) 5982
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element WHĀNAU
9 (RLIN) 642
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name NEW ZEALAND
9 (RLIN) 2588
773 0# - HOST ITEM ENTRY
Title International Journal of Children's Rights, 2020, 28(3): 588-612
830 ## - SERIES ADDED ENTRY--UNIFORM TITLE
Uniform title International Journal of Children's Rights
9 (RLIN) 5280
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://doi.org/10.1163/15718182-02803003">https://doi.org/10.1163/15718182-02803003</a>
Public note DOI: 10.1163/15718182-02803003
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Journal article

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