Journal article
The right time for rights? Judicial engagement with the UN Convention on the Rights of the Child in Part VII proceedings
Australian Journal of Family Law , Vol.36(1), pp.63-89
07/2023
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Abstract
This article examines the use of the UN Convention on the Rights of the Child ('CRC') in judicial decision-making in proceedings under Part VII of the Family Law Act 1975 (Cth). It presents the findings of an empirical study of published judgments at first instance from 1990–2021 that refer to the CRC, offering quantitative and qualitative insights into how judges have engaged with this international convention. Two key conclusions are drawn. The first is that children's rights are not yet a way of thinking for judges in Part VII proceedings. Secondly, further judicial engagement with children's right to express their views and be heard could improve children's meaningful, safe participation in decision-making about their best interests. This article stimulates dialogue about whether, and if so, how the CRC can be incorporated more robustly into Australian family law policy and practice.
Details
- Title
- The right time for rights? Judicial engagement with the UN Convention on the Rights of the Child in Part VII proceedings
- Creators
- Georgina Dimopoulos (Author) - Southern Cross University, Law
- Publication Details
- Australian Journal of Family Law , Vol.36(1), pp.63-89
- Publisher
- LexisNexis Butterworths
- Identifiers
- 991013174013402368
- Academic Unit
- Centre for Children and Young People; Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Journal article