Children's Rights Judgments Network

儿童权利判决网络将支持来自世界各地的多达50名儿童权利学者合作，重新审查现有的法律案件，并从儿童权利角度重新起草这些案件。改写的判决书将有助于阐明在司法决策中保障儿童权利的概念和实践挑战，并将探讨理论和实践方面的发展如何为儿童权利的法律保护提供信息和(重新)注入活力。每份判决书都将附有评注，解释原案的历史和法律背景以及修订判决书所依据的理由，其中包括：采用的特定儿童权利观点；在多大程度上解决了原判中明显存在的儿童权利缺陷；以及备选版本可能对法律、政策或实践产生的潜在影响。儿童权利判决项目的独特之处在于，它准确地说明了如何在卫生、行政、教育、移民、家庭、儿童保护和刑事司法等一系列法律领域将儿童权利纳入司法推理。此外，它还在若干司法管辖范围内探讨了这一问题，着眼于儿童权利如何为世界各地不同国家法院以及国际法院(欧洲法院、欧洲人权法院和国际刑事法院)的审议提供参考。领先的儿童权利学者将与早期职业研究人员一起工作，以产生判决和评论。判决书的撰写是一个具有挑战性和技巧的过程，不仅需要平衡考虑儿童的权利和利益，而且需要平衡考虑与特定案件有关的其他当事方。因此，该网络将借鉴两名法官的经验和指导，判决书的初稿也将接受其他法律从业人员、非政府组织代表以及儿童和青年的审查，以期检验其可行性和全面性。没有参加该网络的其他感兴趣的各方可以在专门的儿童权利判决网站上跟踪进展情况，该网站将包括开创性的儿童权利文献的阅读清单和现有儿童权利判决的良好做法范例。判决书和评注将作为编辑过的文集出版，将在2017年4月举行的社会法律研究协会年会上推出。

The Children's Rights Judgments Network will support the collaboration of up to 50 children's rights scholars from across the world in revisiting existing legal cases and re-drafting them from a children's rights perspective. The rewritten judgments will help to illuminate the conceptual and practical challenges of securing children's rights within judicial decision-making and will 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.This very modern, applied approach to legal scholarship is inspired by similar highly successful projects, such as the Feminist Judgments Project (2010). The Children's Rights Judgments Project is unique in that it illustrates precisely how children's rights can be integrated into judicial reasoning across a range of legal areas including health, administrative, education, immigration, family, child protection and criminal justice. Moreover, it explores this in a number of jurisdictional contexts, looking at how children's rights can inform deliberations in different national courts across the world, as well as in the international courts (the European Court of Justice, the European Court of Human Rights, and the International Criminal Court). Leading children's rights academics will work alongside early career researchers to produce the judgments and commentaries. Judgment writing is a challenging and skillful process, demanding a balanced consideration not just of the rights and interests of children, but of other parties implicated in a particular case. Thus, the network will draw on the experience and guidance of two judges, and early drafts of the judgments will also be subjected to the scrutiny of other legal practitioners, representatives from the NGO sector and children and young people with a view to testing their feasibility and comprehensiveness. Other interested parties who are not participating in the network can follow progress on a dedicated Children's Rights Judgments website, which will include a reading list of seminal children's rights literature and good practice examples of existing children's rights judgments. The judgments and commentaries will be published as an edited collection which will be launched at the annual Socio-Legal Studies Association Conference in April 2017.