Justice

Age can have a significant impact on how children and young people experience the world, and intersects with other inequalities they may face. This research theme explores the idea of justice in relation to, and as understood by, children and young people including the implications of socially and legally constructed age-boundaries.
 
  • Social justice (including poverty) and its impact on children’s experience and outcomes
  • Criminal Justice
  • Environmental Justice
  • Age equality and the implications of social, legal and political constructions of age-based categories
  • Children's rights

Example of Activities

Children's Rights Judgements Project

Professor Kathryn Hollingsworth (Newcastle Law School) is working with Professor Helen Stalford from Liverpool University on a new project called the Children’s Rights Judgments Project (CRJP).  CRJP is an exciting new collaboration between experts from jurisdictions across the world to develop the emerging methodology of judgment (re)writing, adopting a children’s rights approach.  A children’s rights approach promotes children as active agents and places their needs, best interests, and participation at the centre of decisions that affect them.

Participants in the project will revisit an existing case, drawn from a range of legal sub-disciplines (such as health, education, immigration, family, child protection and criminal justice) and jurisdictions (including supra-national courts), with a view to redrafting the judgment from a children’s rights perspective.

The rewritten judgments will shed light on the conceptual and practical challenges of securing children’s rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children’s rights.

Each judgment will be accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including: the particular children’s rights perspective adopted; the extent to which it addresses the children’s rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice.

Participants are invited to select cases on one or more of the following grounds:

  • The judgment is regarded as inherently wrong or flawed in its reasoning.
  • The judgment is regarded as reflective of attitudes towards children’s lives/rights at the time but no longer responds to modern social, economic, legal, cultural and technological developments that impact upon children’s lives.
  • The judgment is regarded as ideologically and normatively robust but has produced unforeseen or unintended consequences, as evidenced in subsequent case law or legislative developments.

For more information on the project, including the collaborators, see http://www.liv.ac.uk/law/research/european-childrens-rights-unit/childrens-rights-judgments/