Del i serien Elgar Studies in International Family Law

Children’s Right to Identity, Selfhood and International Family Law

Inbunden, Engelska, 2025

2 479 kr

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This pioneering book explores the child’s right to identity, and the concept of selfhood, in both domestic and cross-border contexts. It highlights life events and transformations that children and young people often experience in the field of international family law and related areas which may impact on their identity, and considers the legal protections available to them. The book analyses the psychological and sociocultural factors that contribute to identity formation and discusses how this can sometimes be damaged or disrupted by significant life experiences and adversities. How the law can be used to best protect children at risk of interrupted or maladjusted identity development is also addressed.Adopting an interdisciplinary approach, the book begins with contributions examining the formation of childhood identity, analysing psychological and cultural perspectives on development. These provide insight into how the child’s right to preservation of their identity is currently interpreted and applied under Article 8 of the UN Convention on the Rights of the Child, and how this is interpreted and applied in international and domestic legal settings. The book highlights the likely consequences of conflict, discrimination and oppression on children and young people, revealing how the associated events and transitions, as well as those emanating from more positive foundations, often influence the evolution and integration of their identities over time. To conclude, the book suggests a range of improvements to help ensure that children’s right to identity is more frequently taken into account in the international family justice field, ultimately improving the decisions being made about vulnerable children and young people.Children’s Right to Identity, Selfhood and International Family Law is designed for students, academics, and all professionals and practitioners in family and human rights law. Its focus on practical methodologies makes it an essential read for lawyers, judges, mediators, social workers, counsellors, NGOs, child/family support organisations, and family members whose children experience identity-impacting changes to their lives.

Produktinformation

Utgivningsdatum2025-05-16
Mått156 x 234 x undefined mm
FormatInbunden
SpråkEngelska
SerieElgar Studies in International Family Law
FörlagEdward Elgar Publishing Ltd
ISBN9781035313921

Tillhör följande kategorier

Familjerätt inom Juridik
Folkrätt inom Juridik
Politiskt förtryck inom Samhälle och politik

ContentsForeword xvMia DambachPART I INTRODUCTION1 Unveiling the connection between child identity and family law 2Marilyn Freeman and Nicola TaylorPART II IDENTITY: WHAT IT MEANS AND WHY IT MATTERS2 Article 8 UNCRC: to protect or neglect? Consideration of its(potential) meaning and effect 24Soraya Bou-Sfia3 Identity: a psychological perspective 44Astrid Martalas4 Cultural identity: ‘Ko au te awa, ko te awa ko au – I am theriver and the river is me’ 62Trudy Ake and Sarah Calvert5 Discovering our donor conception as adults: a sisters’selfhood dialogue 75Fiona Darroch and Kathleen Pithouse-MorganPART III IDENTITY: INTERNATIONAL FAMILY LAW CONTEXTS6 International adoption and cross-border placement of children 86Laura Carpaneto and Ester di Napoli7 Surrogacy and identity: moving beyond genetics? 110Michael Wells-GrecoRelocation and international child abduction: the impact onchildren’s identity 128Nicola Taylor and Marilyn Freeman9 Care and protection of children: identity formation forchildren in out-of-home care 150Amy Conley Wright and Judy Cashmore10 Violence and the child’s sense of identity 169Mariëlle Bruning11 Forced marriages, child brides and forced religiousconversions of women and girls 191Sulema Jahangir and Carolina Marín Pedreño12 The child’s right to gender identity 211Claire Fenton-Glynn13 Children’s rights and the justice system: exploring themeaning and application of the right to identity 229Ursula Kilkelly14 Unaccompanied migrant children, including traffickedchildren and asylum seekers 243Ronaldah Lerato Karabo Ozah and Fortunate Seneka Mongwai15 Children, identity and the impacts of parental deportation: afamigration perspective 266Nazia Yaqub and Helen Stalford16 The (self)identity of the child soldier: international law andbest practices 284Mark DrumblPART IV CONCLUSION AND FUTURE DIRECTIONS17 The evolving scope of international transformations of children 302John Tobin

‘This edited collection represents a significant scholarly effort to deepen and expand the legal and conceptual understanding of identity within international family law. [...] For scholars, practitioners, and policymakers engaged in family law and children’s rights, this collection offers both conceptual insight and practical guidance. Its central message resonates across the diverse contexts examined in the book. In this respect, Children’s Right to Identity, Selfhood and International Family Law represents an important contribution to contemporary debates about how law can better recognise and protect the complex realities of children’s lives.’