Special Issue "Children’s Rights and Family Law"

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (30 May 2016)

Special Issue Editor

Guest Editor
Prof. Lee Ann Basser

Law School, La Trobe University, Plenty Road & Kingsbury Drive, Melbourne, VIC 3086, Australia
Website | E-Mail
Interests: children’s rights; family law; disability rights & disability law; human rights

Special Issue Information

Dear Colleagues,

This Special Issue of Laws focuses on key issues in children’s rights and family law in the 21st century and, more than 25 years after the adoption of the UN Convention on the Rights of the Child (CRoC), asks question about the future of children’s rights. Papers in this Special Issue will, among other topics, address the following questions: Given that family law now recognizes many pathways to parenthood—what impact does this have on the rights of the child – to family life; to know her/his parents? What rights does a child have in the context of assisted reproductive technology and surrogacy—how do these technologies impact the child’s right to identity, including knowledge of genetic make up? When children’s voices are generally absent from family law proceedings, how can we give effect to the child’s right to participation?  How are the rights of refugee children impacted by asylum processes? The UN Convention on the Rights of Persons with Disabilities explicitly recognizes that rights in that Convention extend to children with disabilities—how does this impact the right to respect for home and family?

Prof. Lee Ann Basser
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All papers will be peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access quarterly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • children’s rights;
  • family law;
  • child abuse;
  • participation;
  • sexual identity;
  • surrogacy;
  • right to health;
  • child welfare and child protection;
  • privacy

Published Papers (1 paper)

View options order results:
result details:
Displaying articles 1-1
Export citation of selected articles as:

Research

Open AccessArticle Future Persons and Legal Persons: The Problematic Representation of the Future Child in the Regulation of Reproduction
Received: 22 December 2015 / Revised: 29 January 2016 / Accepted: 22 February 2016 / Published: 26 February 2016
PDF Full-text (218 KB) | HTML Full-text | XML Full-text
Abstract
Increasingly, the law has been paying attention to the future child and the prevention of preconceptual harms. Regulation on procreation often appeals to the future child’s interests in order to justify the prevention of the child’s existence. However, besides bioethical critique, there is
[...] Read more.
Increasingly, the law has been paying attention to the future child and the prevention of preconceptual harms. Regulation on procreation often appeals to the future child’s interests in order to justify the prevention of the child’s existence. However, besides bioethical critique, there is also a legal-theoretical problem that has been neglected so far. This article argues that the future child whose existence is prevented by an appeal to its own interests does not fit in the “regular” concept of law’s subject: the legal person. This creates two representation problems: First, the law lacks the proper vocabulary to address and represent this non-existent entity. Second, the appeal to its own interests as a justification of the prevention of the child’s existence creates a paradox, as the future child is treated as a subject and a non-subject at the same time. These two representation problems complicate the way law can “deal with” this singular entity. Since the vocabulary of the legal person is not equipped to articulate the future child, this article argues that further research is needed to understand what the future child is and how it functions in law. Full article
(This article belongs to the Special Issue Children’s Rights and Family Law)
Back to Top