Children & the Law: Shaping the Modern Welfare Principle in the British Isles

This book examines the balance between a child's welfare interests and rights in modern family law, comparing England and Wales, Ireland, and other jurisdictions using the same indicators. It highlights jurisdictional differences in the extent to which welfare interests or rights determine how the law is applied to children.

Format: Paperback / softback
Length: 302 pages
Publication date: 30 December 2022
Publisher: Taylor & Francis Ltd

Balancing a child's welfare interests and rights to ensure recognition and respect for their autonomous identity while fostering family unity has emerged as a significant challenge in modern family law. This comprehensive book, a sequel to "The Principle of the Welfare of the Child: A History," delves into the examination, comparison, and contrast of the responses of England, Wales, and Ireland to this complex challenge. By employing a standardized set of indicators, the book explores the distinction between welfare interests and rights in each country and tracks changes in their balance over time. Through a comprehensive profiling approach, the book unveils significant jurisdictional variations in the extent to which welfare interests or rights shape the application of law to children.

The book begins by providing an overview of the historical context and legal developments that have shaped the understanding and treatment of children's welfare in these three countries. It then delves into the application of the welfare principle, examining the various legal frameworks and principles that guide the protection and promotion of children's rights.

In the subsequent chapters, the book compares and contrasts the responses of England, Wales, and Ireland to the challenge of balancing welfare interests and rights. It examines the different legal frameworks, policies, and practices in each country, highlighting both similarities and differences in their approaches. The book also explores the role of social, cultural, and economic factors in shaping the response to child welfare issues and how these factors influence the balance between welfare interests and rights.

One of the key findings of the book is the recognition of the importance of a child-centered approach to child welfare. It emphasizes the need to prioritize the well-being and best interests of the child while also considering the needs and rights of their families. The book suggests that a balanced approach that considers both welfare interests and rights is essential to ensuring the long-term well-being and development of children.

Furthermore, the book highlights the jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children. It examines the role of courts, policymakers, and social workers in shaping the legal framework and practices in each country and how these factors influence the balance between welfare interests and rights.

The book concludes by offering recommendations for improving the balance between welfare interests and rights in modern family law. It suggests that policymakers, legal professionals, and social workers should work together to develop a comprehensive and child-centered approach to child welfare that considers both welfare interests and rights. The book also calls for increased awareness and education about children's rights and the importance of fostering family unity.

In conclusion, "Balancing Welfare Interests and Rights in Modern Family Law: England, Wales, and Ireland" is a valuable resource for scholars, policymakers, legal professionals, and social workers interested in understanding the challenges and opportunities of balancing welfare interests and rights in modern family law. The book provides a comprehensive analysis of the responses of these three countries to the challenge of child welfare and offers valuable insights into the factors that influence the balance between welfare interests and rights. By promoting a child-centered approach and fostering family unity, the book aims to contribute to the well-being and development of children and their families.

Weight: 480g
Dimension: 233 x 156 x 19 (mm)
ISBN-13: 9781032214894