Decisional Privacy and the Rights of the Child

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Georgina Dimopoulos (Faculty of Business and Law, Swinburne University of Technology, Australia)

Decisional Privacy and the Rights of the Child

Georgina Dimopoulos (Faculty of Business and Law, Swinburne University of Technology, Australia)

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English

Routledge
27 May 2024

Psychological methodology; Constitutional & administrative law

Series: Routledge Research in Human Rights Law

Decisional privacy gives individuals the freedom to act and 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.

By: Georgina Dimopoulos (Faculty of Business and Law Swinburne University of Technology Australia)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781032123486
ISBN 10: 1032123486
Series: Routledge Research in Human Rights Law
Pages: 232
Publication Date: 27 May 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Forthcoming

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 Jamie6. The ‘greatest advancement in transgender rights’ for Australian children? Re-reading the Full Court’s judgment in Re Kelvin7. Validating treatment that ‘goes to the heart of an individual’s identity’: re-reading the Court of Appeal’s judgment in Bell v Tavistock8. Recognising and respecting children’s right to decisional privacy: conflicts, complexities and opportunities Conclusion Index

Georgina Dimopoulos is a socio-legal researcher and an Australian lawyer who has worked across the higher education sector, government, courts, commercial legal practice and community organisations. She holds a PhD from Melbourne Law School at the University of Melbourne and is experienced in legal and policy evaluation, and doctrinal, qualitative and empirical research, in the areas of family law and children’s rights.

Reviews for Decisional Privacy and the Rights of the Child

'Decisional privacy for a child, a multifaceted and presently poorly developed concept, is of critical importance in the evolution of parenting-related family law jurisprudence. This book offers real insight not presently elsewhere available. It is a must-read.' The Honourable Justice Josh Wilson, Federal Circuit and Family Court of Australia 'This book will appeal to those grappling with the tensions between children’s rights, parental responsibilities and state duties in assessing children’s best interests. Its innovative approach to decisional privacy will influence future best practice across the family justice community internationally.' Professor Nicola Taylor, Faculty of Law, University of Otago, New Zealand