Parental Guidance, State Responsibility and Evolving Capacities

Claire Fenton-Glynn, PhD (2013) University of Cambridge, is a Senior Lecturer at the Faculty of Law, University of Cambridge. She has published widely on children's rights, focusing in particular on parenthood, surrogacy and adoption. Her work has been cited with approval by the Supreme Court, Law Commission of England and Wales, and the UN Special Rapporteur on the Sale of Children. Brian Sloan, PhD (2011), University of Cambridge, is a Fellow in Law at Robinson College, Cambridge. He has published widely on family and child law, and his work on adoption law was cited with approval by the UK Supreme Court.

 Notes on Contributors

 Introduction

 Brian Sloan and Claire Fenton-Glynn



Part 1: Decoding Article 5

 1The Enigma of Article 5 of the United Nations Convention on the Rights of the Child

 Central or Peripheral?

 Elaine E. Sutherland

 2The Scope and Limitations of the Concept of Evolving Capacities within the crc

 Gerison Lansdown

 3Assessing Children’s Capacity

 Reconceptualising Our Understanding through the UN Convention on the Rights of the Child

 Aoife Daly



Part 2: Article 5 and Domestic Legal Systems

 4‘Evolving Capacities’ and ‘Parental Guidance’ in the Context of Youth Justice

 Testing the Application of Article 5 of the Convention on the Rights of the Child

 Ursula Kilkelly

 5Parental Guidance in Support of Children’s Participation Rights

 The Interplay Between Arts 5 and 12 in the Family Justice System

 Nicola Taylor



Part 3: Parental Responsibility and Evolving Capacities

 6Do Parents Know Best?

 John Eekelaar

 7From Reasonable to Unreasonable

 Corporal Punishment in the Home

 Trynie Boezaart

 8Parental Responsibilities and Rights during the “Gender Reassignment” Decision-Making Process of Intersex Infants

 Guidance in Terms of Article 5 of the Convention on the Rights of the Child

 Lize Mills and Sabrina Thompson



Part 4: The Impact of Article 5 in Adoption Proceedings

 9Children’s Capacities and Role in Matters of Great Significance for Them

 An analysis of the Norwegian County Boards’ Decision-Making in Cases about Adoption from Care

 Amy McEwan-Strand and Marit Skivenes

 10Children’s Views, Best Interests and Evolving Capacities in Consenting to Their Own Adoption

 A Study of nsw Supreme Court Judgements for Adoptions from Care

 Judy Cashmore, Amy Conley Wright and Sarah Hoff

 11Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis

 Brian Sloan



Part 5: Case Studies on the Application of Article 5

 12Article 5: The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children

 Sheila Varadan

 13Scotland’s Named Person Scheme

 A Case Study of Article 5 of the United Nations Convention on the Rights of the Child in Practice

 Gillian Black

 14New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child

 Mark Henaghan

 Index