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      Decisional Privacy and the Rights of the Child

      DOI link for Decisional Privacy and the Rights of the Child

      Decisional Privacy and the Rights of the Child book

      Decisional Privacy and the Rights of the Child

      DOI link for Decisional Privacy and the Rights of the Child

      Decisional Privacy and the Rights of the Child book

      ByGeorgina Dimopoulos
      Edition 1st Edition
      First Published 2022
      eBook Published 21 October 2022
      Pub. Location London
      Imprint Routledge
      Pages 264
      eBook ISBN 9781003224167
      Subjects Health and Social Care, Law
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      Dimopoulos, G. (2022). Decisional Privacy and the Rights of the Child (1st ed.). Routledge. https://doi.org/10.4324/9781003224167

      ABSTRACT

      Decisional privacy gives individuals the freedom to act and to make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child, and extends the work of respected children’s rights scholars, to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria.

      This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children.

      This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.

      TABLE OF CONTENTS

      Acknowledgements
      List of abbreviations
      Note on referencing style
      A child-friendly summary

      Introduction

      PART A: Privacy and Children’s Rights: A Theoretical Perspective
      1. The meaning and value of privacy
      2. A children’s rights approach to decisional privacy
      3. Re-reading court judgments from a children’s rights perspective

      PART B: Children’s Right to Decisional Privacy in Practice
      4. Medical treatment for gender dysphoria as a ‘special medical procedure’
      5. ‘Harsh’ but ‘bound’: re-reading the Full Court’s judgment in Re Jamie
      6. The ‘greatest advancement in transgender rights’ for Australian children? Re-reading the Full Court’s judgment in Re Kelvin
      7. Validating treatment that ‘goes to the heart of an individual’s identity’: re-reading the Court of Appeal’s judgment in Bell v Tavistock
      8. Recognising and respecting children’s right to decisional privacy: conflicts, complexities and opportunities

      Conclusion
      Index

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