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[Equity Policy and Gender Equality] The Sovereignty of Children in Law The Sovereignty of Children in Law

        Despite the fact that laws concerning the rights of children are well settled in the international sphere‚and are recognized under the jus congens norms, national laws about children are still not completely adequate. Many legislative and cultural practices expose the fact that children are not recognized as the holders of rights. National legal authorities should not, in accordance with the existing international legislations, plead provisions of their own laws or deficiencies of those laws in response to a request against them for alleged violations of children’s rights that have occurred under their jurisdiction. In fact, the absence of appropriate legislation within national legal systems and the reluctance of legal authorities to seriously take children’s rights into consideration, have been two of the key reasons for the contraventions of children’s rights in national or international conflicts. Strange as it may seem, when we do not respect the rights of others, it might be considered a civil violation or a crime; but when the rights of children are violated it has, on many occasions, been dismissed as custom or argued that they gave their express consent.
     
        It is, in principle, true that literally millions of people believe that children are their property or that a child has no rights of his or her own, and thus the conduct of parents, guardians, representatives of organisations, and the administration of justice relating to children are permitted as a matter of law or nature. This book examines many different areas within the law which deal with the specific rights of children such as the philosophy of law, civil law, social law, tax law, procedural law, international law, human rights law and the humanitarian law of armed conflict. The intention is to show that there are many rules, provisions , norms, and principles within various areas of the law that relate to the rights of children. The extent to these rights implies the existence of certain regions of law which have to be acknowledged and respected by national authorities. However, the acknowledgment of rights is also a matter of intention, and may be implied or expressed by practice of authorities. The question of the child constituting a self-ruling subject of justice and its legal ability to create an independent individual legal personality for the protection of its rights, but not necessarily for the exercise of those rights , are the central issues of this book. (節錄〈封底〉,歐美所兼任研究員王玉葉女士)






本書目錄
 

     Abstract        x 
     Contributors       xi 
     Introduction
     Farhad Malekian
  xviii
    Chapter One: Dimensions of the Best Interests of the Child  
     The Child as an Autonomous Subject of Justice
     Farhad Malekian
      2
     The Sovereignty of Children in Law
      Kerstin Nordlöf
    56
      Who is a Child? The International Definition of a Child
      Marta Prucnal
    69
      Children’s Rights in the Norwegian Constitution
      Kirsten Sandberg
    87
      Some Reflections on a Dialogical Approach to the Recognition of Children in the
      Decision-Making Process
      Titti Mattsson
  101
     Chapter Two: Gender Legal Dilemmas  
      Contradictions in the Theory of the Child’s Competence
      Julia Köhler-Olsen
  116
      What Do We Mean When We Speak about Children’s Right to Development?
      Noam Peleg
  134
      Challenges and Dilemmas Regarding Non-Resident Fathers in Public Law
      Jim Reid
  157
     The Indian Perspective of Gender Discrimination on Girl Children and Fœticide
      Navdeep Kour Sasan
  178
     Chapter Three: Legal Perception of Culture  
      The Sovereignty of Children’s Rights within the Legislation of the Nordic Countries
      Kerstin Nordlöf
  194
      The Ottoman State and Religious Education for a Majority Population:
      A Search for the Best Interests of the Child
      Fatih Öztürk
  235
      Legislation in Japan Relating to the Characteristics and Issues of the Prevention
      of Child Abuse
      Kiyoe Takata
  258
      Rules Governing Child Custody in Iranian Legislation
      Hengameh Ghazanfari
  274
     Chapter Four: Economic Legal Problems  
      The Indebtedness of Children and Young Adults in Sweden
      Annina H. Persson
  290
      The Scale of the Swedish Tax System Concerning Children 
      Eleonor Kristoffersson
  300
      ‘Bringing up Baby’: Using Pre-parenting Agreements to Manage the Child-Parent 
       Relationship through and after Partnership Breakdown
       Angela Burns
  312
      Chapter Five: Legal Procedure  
       The Dimensions of a Fair Trial with Reference to Children
        Laura Ervo and Hannele Tolonen
  332
       The Nepalese Experience of the Judicial Enforcement of Children’s Rights
        Raju Prasad Chapagai
  346
       Coercive Legislation: Children’s Invisibility in the Legal Process
       Hjördis Flodström Enquist
  371
       Empowering Children as Victims of Crime in the Criminal Justice Process
       Anna Wergens
  384
       War Children’s Procedural Capacities in International Proceedings
       Helen Hamzei
  399
      Chapter Six: Jurisdiction of Criminal Courts  
       Children and Crime
       Knut Sveri
  424
       What has the American Juvenile Justice System Done to the Children?
       Lydia Wang
  430
       The Swedish Enforcement of Closed Juvenile Care
       Lisa Ragnesten
  458
       The International Criminal Court’s Perspective on Child Soldiers
       Shamila Batohi
  473
       Conclusion
       Farhad Malekian
  483


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