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_c6825 _d6825 |
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005 | 20250625151535.0 | ||
008 | 200929s2020 -nz|| |||| 00| 0 eng d | ||
040 | _aAFVC | ||
100 |
_aHenaghan, Mark _91333 |
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_aNew Zealand case studies to test the meaning and use of Article 5 of the 1989 United Nations Convention on the Rights of the Child _cMark Henaghan |
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_bBrill, _c2020 |
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500 | _aInternational Journal of Children's Rights, 2020, 28(3): 588-612 | ||
520 | _aArticle 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 |
_aCHILDREN'S RIGHTS _9135 |
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650 |
_aFAMILIES _9238 |
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650 |
_aFAMILY COURT _9241 |
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_aFAMILY LAW _9244 |
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_aMĀORI _9357 |
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_aPARENTS _9430 |
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650 | 4 |
_9617 _aConvention on the Rights of the Child (UNCROC) |
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_aMĀTUA _95550 |
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_aTAMARIKI _9597 |
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650 | 0 |
_aTIKANGA TUKU IHO _95542 |
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650 |
_aTURE WHĀNAU _95982 |
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650 |
_aWHĀNAU _9642 |
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651 | 4 |
_aNEW ZEALAND _92588 |
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773 | 0 | _tInternational Journal of Children's Rights, 2020, 28(3): 588-612 | |
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_aInternational Journal of Children's Rights _95280 |
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_uhttps://doi.org/10.1163/15718182-02803003 _zDOI: 10.1163/15718182-02803003 |
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942 |
_2ddc _cARTICLE |