Introduction Ix
`difference' Or Discrimination? Exploring The Concepts Underpinning Children's Rights, Discrimination and The Need to Acknowledge Difference
Introduction = 1
Children's Rights: Liberation, Protection Or (il)legitimate Differentiation? = 2
Child Protectionism = 3
Child Liberation = 5
Children's Rights, Interests, and The Law = 8
Equality and Non-discrimination in International and National Human Rights Law = 12
Equality and Non-discrimination in International Human Rights Law = 12
Limits to Non-discrimination = 16
Equality and Age-based Differentiation = 20
Assessing Age-based Distinctions = 27
Assessing Age-based Distinctions -- The Case of New Zealand = 33
Some Legislative and Judicial Responses = 38
Conclusion = 41
Children's Rights and Medical Treatment: Issues of Capacity, Choice and Consent
Introduction = 45
Difference Or Discrimination? Paternalism and Autonomy in The Context of Medical Treatment = 46
The Child's Right to Medical Treatment = 48
International Human Rights Law and The Child's Right to Medical Treatment = 48
New Zealand Domestic Legislation and The Child's Right to Medical Treatment = 49
Judicial Interpretation of The Child's Right to Medical Treatment = 53
New Zealand Jurisprudence -- Medical Treatment of The Young Child = 54
The Medical Treatment of Adolescents = 65
Limiting The Child's Right to Medical Treatment and The Child's Right to Refuse Medical Treatment: Differential Or Discriminatory Treatment? = 69
Conclusion = 70
Human-assisted Reproduction and The Child's Right to Identity
Introduction = 73
International Human Rights Law and Human-assisted Reproduction = 75
Substantive Human Rights and Ahr = 77
Children's Rights and The Law Regarding Ahr in The United Kingdom and Australia: a Comparison of Approaches = 88
The Right to Identity of Donor-conceived Children in The United Kingdom = 88
The Right to Identity of Donor-conceived Children in Australia = 92
International Obligations and Overseas Jurisdictions: The Impact for New Zealand Legislation = 94
The Right of New Zealand Children Born of Assisted Human Reproduction = 95
Ahr and The Right to Identity in New Zealand -- Advancing Openness Or Discrimination = 99
The Potential for Discrimination Remaining in Current Legislation = 100
Advancing Children's Rights With Increased Openness = 105
Conclusion = 106
The Corporal Punishment of Children in New Zealand: The Power of Parental Rights in New Zealand
Introduction = 107
The Corporal Punishment of Children: a Historical and Philosophical Framework = 108
Corporal Punishment of Children: Recent Academic Debate in New Zealand = 111
Corporal Punishment As a Violation of The Child's Human Rights = 114
Discrimination Or Differentiation? Section 59 Within The Framework of New Zealand Domestic Legislation = 129
Conclusion = 141
Taking Liberties: The Detention of The At-risk Child in Ireland
Introduction = 143
Constitutional and Legislative Protection of The Rights of The At-risk Child in Ireland = 144
Constitutional Protection = 144
Legislative Protection = 145
Judicial Interpretation of The Constitutional and Legislative Protection Afforded to The At-risk Child = 147
F.n. V Minister for Education = 147
T.d. V Minister of Education and Others = 149
D.g. V The Eastern Health Board and Others = 153
The Rights of The At-risk Child in International Human Rights Law = 157
D.g. V Ireland = 157
The Rights of The At-risk Child Under International Human Rights Standards = 160
Discriminatory Detention of The At-risk Child = 163
Conclusion = 165
Age Discrimination and The Rights of Irish-born Children of Asylum Seekers
Introduction = 167
International Human Rights Protection for Children Born of Asylum Seekers = 168
The Right of The Child to Respect for Family and Private Life = 168
The Rights of Children Born of Asylum Seekers Under The European Convention of Human Rights = 170
The Rights of Irish-born Children of Asylum Seekers = 179
Constitutional Protection = 179
Legislative Protection = 184
Judicial Interpretation of The Rights of Irish-born Children of Asylum Seekers: Lobe, Osayande and Others V. Minister for Justice, Equality and Law Reform = 186
Lobe: Disregarding The Rights of The Child-citizen, Discriminating Against The Rights of The Child = 199
Conclusion = 202
Conclusion = 205
Bibliography = 211
Index = 221
`difference' Or Discrimination? Exploring The Concepts Underpinning Children's Rights, Discrimination and The Need to Acknowledge Difference
Introduction = 1
Children's Rights: Liberation, Protection Or (il)legitimate Differentiation? = 2
Child Protectionism = 3
Child Liberation = 5
Children's Rights, Interests, and The Law = 8
Equality and Non-discrimination in International and National Human Rights Law = 12
Equality and Non-discrimination in International Human Rights Law = 12
Limits to Non-discrimination = 16
Equality and Age-based Differentiation = 20
Assessing Age-based Distinctions = 27
Assessing Age-based Distinctions -- The Case of New Zealand = 33
Some Legislative and Judicial Responses = 38
Conclusion = 41
Children's Rights and Medical Treatment: Issues of Capacity, Choice and Consent
Introduction = 45
Difference Or Discrimination? Paternalism and Autonomy in The Context of Medical Treatment = 46
The Child's Right to Medical Treatment = 48
International Human Rights Law and The Child's Right to Medical Treatment = 48
New Zealand Domestic Legislation and The Child's Right to Medical Treatment = 49
Judicial Interpretation of The Child's Right to Medical Treatment = 53
New Zealand Jurisprudence -- Medical Treatment of The Young Child = 54
The Medical Treatment of Adolescents = 65
Limiting The Child's Right to Medical Treatment and The Child's Right to Refuse Medical Treatment: Differential Or Discriminatory Treatment? = 69
Conclusion = 70
Human-assisted Reproduction and The Child's Right to Identity
Introduction = 73
International Human Rights Law and Human-assisted Reproduction = 75
Substantive Human Rights and Ahr = 77
Children's Rights and The Law Regarding Ahr in The United Kingdom and Australia: a Comparison of Approaches = 88
The Right to Identity of Donor-conceived Children in The United Kingdom = 88
The Right to Identity of Donor-conceived Children in Australia = 92
International Obligations and Overseas Jurisdictions: The Impact for New Zealand Legislation = 94
The Right of New Zealand Children Born of Assisted Human Reproduction = 95
Ahr and The Right to Identity in New Zealand -- Advancing Openness Or Discrimination = 99
The Potential for Discrimination Remaining in Current Legislation = 100
Advancing Children's Rights With Increased Openness = 105
Conclusion = 106
The Corporal Punishment of Children in New Zealand: The Power of Parental Rights in New Zealand
Introduction = 107
The Corporal Punishment of Children: a Historical and Philosophical Framework = 108
Corporal Punishment of Children: Recent Academic Debate in New Zealand = 111
Corporal Punishment As a Violation of The Child's Human Rights = 114
Discrimination Or Differentiation? Section 59 Within The Framework of New Zealand Domestic Legislation = 129
Conclusion = 141
Taking Liberties: The Detention of The At-risk Child in Ireland
Introduction = 143
Constitutional and Legislative Protection of The Rights of The At-risk Child in Ireland = 144
Constitutional Protection = 144
Legislative Protection = 145
Judicial Interpretation of The Constitutional and Legislative Protection Afforded to The At-risk Child = 147
F.n. V Minister for Education = 147
T.d. V Minister of Education and Others = 149
D.g. V The Eastern Health Board and Others = 153
The Rights of The At-risk Child in International Human Rights Law = 157
D.g. V Ireland = 157
The Rights of The At-risk Child Under International Human Rights Standards = 160
Discriminatory Detention of The At-risk Child = 163
Conclusion = 165
Age Discrimination and The Rights of Irish-born Children of Asylum Seekers
Introduction = 167
International Human Rights Protection for Children Born of Asylum Seekers = 168
The Right of The Child to Respect for Family and Private Life = 168
The Rights of Children Born of Asylum Seekers Under The European Convention of Human Rights = 170
The Rights of Irish-born Children of Asylum Seekers = 179
Constitutional Protection = 179
Legislative Protection = 184
Judicial Interpretation of The Rights of Irish-born Children of Asylum Seekers: Lobe, Osayande and Others V. Minister for Justice, Equality and Law Reform = 186
Lobe: Disregarding The Rights of The Child-citizen, Discriminating Against The Rights of The Child = 199
Conclusion = 202
Conclusion = 205
Bibliography = 211
Index = 221