- Title Pages
- List of Abbreviations
- List of Contributors
- 1 Introduction
- 2 A State of Imperfect Transformation: Law, Myth, and the Feminine in <i>Outside Over There</i>, <i>Labyrinth,</i> and <i>Pan's Labyrinth</i>
- 3 Towards a Sociology of Children's Rights
- 4 Why Judges Need to Know and Understand Childhood Studies
- 5 Courts and the Construction of Childhood: A New Way of Thinking
- 6 Childhood, the United Nations Convention on the Rights of the Child, and Research: What Constitutes a ‘Rights-Based’ Approach?
- 7 Child-Led Organizations and the Advocacy of Adults: Experiences from Bangladesh and Nicaragua
- 8 Transforming Children's Human Rights—From Universal Claims to National Particularity
- 9 Modern African Childhoods: Does Law Matter?
- 10 The Age of Conflict: Rethinking Childhood, Law, and Age Through the Israeli-Palestinian Case<sup>1</sup>
- 11 Children's Participation in Court Proceedings when Parents Divorce or Separate: Legal Constructions and Lived Experiences
- 12 Children's Consent and ‘Assent’ to Healthcare Research
- 13 Children and Young People as Moral and Legal Actors: Findings from Studies Conducted in Northern Italy
- 14 Rights-Based Restorative Justice in Canada: From Silence to Citizenship
- 15 New Zealand Children and Young People's Perspectives on Relocation Following Parental Separation
- 16 Vulnerability, Children, and the Law
- 17 ‘When the Kissing has to Stop’: Children, Sexual Behaviour, and the Criminal Law
- 18 Tackling Cyber-Bullying from a Children's Rights Perspective
- 19 Exploring the Contested Role of Mandatory Reporting Laws in the Identification of Severe Child Abuse and Neglect
- 20 Domestic Violence, Contact, and the ECHR
- 21 Reframing the Practice of ‘Son Preference’ Through the Millennium Development Goals
- 22 Time to Grow Up: The UN Committee on the Rights of the Child's Jurisprudence of the Right to Development
- 23 CRC's Performance of the Child as Developing
- 24 Minding the Gap? Children with Disabilities and the United Nations Convention on the Rights of Persons with Disabilities
- 25 ‘Special’ Treatment, ‘Special’ Rights: Children Who Hear Voices as Doubly Diminished Identities
- 26 The Child's Right to Privacy and Article 8 European Convention on Human Rights
- 27 Foster Care Partnerships in Finland 1990–2010: From Social Task to Ensuring Better Market Share?
- 28 Parental Discipline, Criminal Laws, and Responsive Regulation
- 29 Litigating the Child's Right to a Life Free from Violence: Seeking the Prohibition of Parental Physical Punishment of Children Through the Courts
- 30 Discipline and the Ethics of Care—Constructing Caregiver Discourses from an Urban Poor Area in Tanzania
- 31 Caring for Children: Risks and Responsibilities in the Law of Tort
- Index of Names
- Index of Subjects
Domestic Violence, Contact, and the ECHR
Domestic Violence, Contact, and the ECHR
- (p.339) 20 Domestic Violence, Contact, and the ECHR
- Law and Childhood Studies
- Oxford University Press
The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as witnesses. The impact of the research on the effects of witnessing or experiencing violence on children has not been confined to so-called ‘intact’ families. It has also led to an increased awareness of the continued risks posed to child victims during post separation contact with the abusive parent. The concern is such that it has led to a number of calls for a legal presumption against contact in such cases, such as that adopted in New Zealand. Facilitating post separation contact between a child and a parent has generally been viewed as being in the best interests of the child and as a result is very rarely entirely refused. This chapter assesses the current legal response to the issue within the context of the relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights, and whether the implementation of a legal presumption against contact in cases involving domestic violence would represent a breach of those provisions.
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