Wednesday, October 4, 2017
Aoife Daly (School of Law and Social Justice, University of Liverpool) has posted Daly A., ‘Rewriting of the Castle Case’ in Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore, Children's Rights Judgments: From Academic Vision to New Practice (Hart, 2017) on SSRN. Here is the abstract:
This rewritten judgment is part of a project - the children's rights judgments project - which aims to consider how or whether judgments may be different if they took into account principles of the UN Convention on the Rights of the Child. The Castle case considered whether the 2010 refusal by police to release three teenagers from 'kettling' or containment in a London protest constituted a breach of police duties. This alternative judgment determines, unlike the original one, that police did indeed breach duties because children must be considered as a distinct group in protests, and police should receive training on how to treat them in this context.