Tuesday, July 20, 2010

Riba: "Principles and Prospects for a European System of Child Protection"

Josep Ferrer Riba (Universitat Pompeu Fabra) has posted "Principles and Prospects for a European System of Child Protection" on SSRN.  Here is the abstract:

In the process of restating the principles of European family law currently underway, it should be asked to what extent a common European system of child protection exists and what principles and values it comprises. In our view this system is multi-polar and has to be built from the principles of the United Nations Convention on the Rights of the Child (1989), the instruments emanating from the Council of Europe, and especially from European Court of Human Rights case law. The article sets out and discusses the procedural and substantive principles derived from this case law. Although the UN Convention and ECtHR case law – applying the Rome Convention – approach child protection from opposing perspectives (in one case the affirming of children’s rights, and in the other, the right to respect for family autonomy) a trend towards convergence and interaction between Conventions and their monitoring bodies can be discerned in recent ECtHR decisions. The final part of the article assesses this trend and the perspectives for the future.
 

AC

http://lawprofessors.typepad.com/family_law/2010/07/riba-principles-and-prospects-for-a-european-system-of-child-protection.html

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Comments

In family law in ireland, children are often not considered human beings but rather chattels. Evidence of this exists when children are forced to have their spirits broken like horses for refusing to have contact with violent and abusive parents.
This breaking down is a crime under human rights, but somehow it is all legal in family law.
Trauma Bonding is another method ordered by the very judges who claim best interests of the child is paramount.
Yet breaking down and trauma bonding often lead to disassociative identity disorder and other mental health problems, so why do men and women of the bench order this abuse of children?
these judges are guilty of child abuse in the same way as any other human being is guilty.
Somehow in Ireland women and children are mere possessions and must do as they are told and obey the patriarch.
I note the same use of abuse being used as the Catholic church used in the past- the breaking of the human child through abuse, fragmenting his/her tiny soul forever.
We adults need to look carefully at ourselves to make sure we the abused children of the past have not now become the abusers.
To objectify children means it is easy to manipulate and control them in order to enforce a law that even pedophile fathers and abusers must have contact with their children.
We speak about child protection but do we actually know what it means.?
We say a child has the right to live violence free and in peace, so why then do judges place children in the custody of violent adults?
Is it any different to the 1950's when children were rubberstamped into the care of the Catholic church to be knowingly abused- for the good of their souls of course- they being all born of Eve ill women.

Posted by: Sara | Sep 25, 2010 1:22:35 PM

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