000 02713nab a22003377a 4500
999 _c6825
_d6825
005 20250625151535.0
008 200929s2020 -nz|| |||| 00| 0 eng d
040 _aAFVC
100 _aHenaghan, Mark
_91333
245 _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
260 _bBrill,
_c2020
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
650 _aFAMILIES
_9238
650 _aFAMILY COURT
_9241
650 _aFAMILY LAW
_9244
650 _aMĀORI
_9357
650 _aPARENTS
_9430
650 4 _9617
_aConvention on the Rights of the Child (UNCROC)
650 _aMĀTUA
_95550
650 _aTAMARIKI
_9597
650 0 _aTIKANGA TUKU IHO
_95542
650 _aTURE WHĀNAU
_95982
650 _aWHĀNAU
_9642
651 4 _aNEW ZEALAND
_92588
773 0 _tInternational Journal of Children's Rights, 2020, 28(3): 588-612
830 _aInternational Journal of Children's Rights
_95280
856 _uhttps://doi.org/10.1163/15718182-02803003
_zDOI: 10.1163/15718182-02803003
942 _2ddc
_cARTICLE