Vulnerable Children and the Law : International Evidence for Improving Child Welfare, Child Protection and Children's Rights

Global support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together. Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children. 'it provides a current and thought-provoking text which should prove an invaluable resource for all policymakers, social workers and lawyers working to protect vulnerable children.' - Children & Young People Now 'This is a book that seeks to promote ideas from other jurisdictions and cultures, and it is an excellent book for the progressive social worker. It would be fascinating to see the same kind of book with the same kind of chapters from non English speaking countries, such as Europe and the Far East.' - The Association of Child Abuse Lawyers' Newsletter Vulnerable Children and the Law: International Evidence for Improving Child Welfare, Child Protection and Children’s Rights......Page 4 Preface and Acknowledgements......Page 11 Introduction......Page 13 Part I: Children and Citizenship......Page 23 1. Children’s Rights: The Effective Implementation of Rights-based Standards......Page 25 2. Child Protection in Humanitarian Emergencies......Page 43 3. Children in the Shadows: Child Trafficking in the UK......Page 61 4. Child Combatants and Peace Processes: Challenges of Inclusion and Exclusion......Page 77 5. Unaccompanied Children as Illegal Immigrants in the United States......Page 95 6. Children, Vulnerability and Rights: Protecting the Rights of Children in Custody in Northern Ireland......Page 111 Part II: Indigenous and Non-national Children and Vulnerability......Page 127 7. The Victimisation of Indigenous Children......Page 129 8. Non-national Children and Vulnerability: The Child Protection Context......Page 147 9. Mana Tamariki, Takahi Tamariki – Māori Child Pride, Māori Child Abuse......Page 163 10. International Human Rights Law and the Needs of Indigenous Children......Page 183 Part III: Child Welfare and Family Identity ......Page 201 11. High Frequency Parental Contact for Infants in Care: Whose Rights are Being Served?......Page 203 12. Maternal Incest: Challenges for Child Protection......Page 221 13. Lost Identities: Denying Children their Family Identity......Page 237 14. Should Adoption Be an Option?......Page 253 Part IV: Child Welfare and Legal Intervention......Page 269 15. Child Protection and Family Law: The Australian Experience......Page 271 16. The Police Role in Identifying and Responding to Children Experiencing Domestic Violence......Page 285 17. Relocation of Children in Family Law Disputes......Page 301 18. Working with Separated Families......Page 319 19. Deciding the Best Interests of the Child: Legal Responses to Child Protection Concerns......Page 335 20. Conclusion......Page 349 List of Contributors......Page 357 Subject Index......Page 361 Author Index......Page 366 Blank Page......Page 2

Global support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability.

This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together.

Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.