Judicial Oppression of Child Rights in Democratic States and by International Human Bodies: A Comparative Perspective

The book analyzes in depth selected contemporary U.S., Canadian and European landmark and other cases illustrating the nature and impact of the legal regime that undermines child human rights empowerment in many Westerm democracies. The book analyzes in depth selected contemporary U.S., Canadian and European landmark and other cases illustrating the nature and impact of the legal regime that undermines child human rights empowerment in many Westerm democracies. The objectives in writing this book are to (i) encourage a re-evaluation of the legal regime that fosters the erosion of the notion of children as autonomous holders of fundamental human rights and not but subjects with weak derivative rights stemming from parental or family rights; (ii) highlight the courts‘ proper role in a democracy of protecting child and youth human rights empowerment and to (iii) contribute to fostering an evolution in the historical notion of the court’s patris patriae doctrine as including the protection and strengthening of child autonomous fundamental human rights and child empowerment. Ultimately then the book highlights through the child rights domain the significant role the courts must and should play in strengthening democratic values and principles.