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dc.contributor.authorCumming, Joyen_US
dc.contributor.authorD. Mawdsley, Ralphen_US
dc.contributor.authorWaal, Eldaen_US
dc.contributor.editorJ. Joy Cumming & Elizabeth Dicksonen_US
dc.date.accessioned2017-04-24T08:50:23Z
dc.date.available2017-04-24T08:50:23Z
dc.date.issued2006en_US
dc.date.modified2011-04-05T07:02:00Z
dc.identifier.issn13277634en_US
dc.identifier.urihttp://hdl.handle.net/10072/13740
dc.description.abstractThe 'best interests of the child' is a principle that guides much decision-making about children's futures, albeit a principle without explicit conceptualisation for practice. In addressing competing rights of parents, children and school administrators, or even competing demands among those claiming parental interests, to make educational decisions and determine children's best interests, the three countries in this paper afford an overlapping kaleidoscope of legal perspectives. All three countries discussed in this paper have written constitutions, but only the Constitution of the United States of America has been interpreted to contain an implicit right of parents to make education decisions for their children. While the Constitution of South Africa, like that of the United States, contains a Bill of Rights, it protects the rights of children without mentioning parents. Australia, which has no Bill of Rights in its Constitution, protects children under statute and common law. Both South Africa and Australia are signatories of the United Nations Convention on the Rights of the Child (CRC) which influences their interpretation of best interest of the child. The United States, one of only two countries in the world (the other being Somalia) that is not a signatory, must balance the rights of children with parents' constitutional right to direct the education of their children. South Africa's Constitution, unlike that of Australia and the United States, expressly provides that the best interest of the child is the governing principle in addressing all matters involving the child. This paper explores the ways these three countries recognise the best interests of the child but differ in implementation of that concept, examining along the way the different legal issues and contestations that emerge, with particular emphasis on educational matters. The import of the United States and South African approaches for Australia are also examined.en_US
dc.description.peerreviewedYesen_US
dc.description.publicationstatusYesen_AU
dc.format.extent414096 bytes
dc.format.mimetypeapplication/pdf
dc.languageEnglishen_US
dc.language.isoen_AU
dc.publisherAustralia and New Zealand Education Law Associationen_US
dc.publisher.placeBrisbane, Australiaen_US
dc.publisher.urihttp://www.anzela.edu.au/en_AU
dc.relation.ispartofstudentpublicationNen_AU
dc.relation.ispartofpagefrom43en_US
dc.relation.ispartofpageto71en_US
dc.relation.ispartofissue2en_US
dc.relation.ispartofjournalAustralia & New Zealand Journal of Law & Educationen_US
dc.relation.ispartofvolume11en_US
dc.rights.retentionYen_AU
dc.subject.fieldofresearchcode330199en_US
dc.titleThe 'best interests of the child', parents' rights and educational decision-making for children: A comparative analysis of interpretations in the United States of America, South Africa and Australiaen_US
dc.typeJournal articleen_US
dc.type.descriptionC1 - Peer Reviewed (HERDC)en_US
dc.type.codeC - Journal Articlesen_US
gro.facultyArts, Education & Law Group, School of Education and Professional Studiesen_US
gro.rights.copyrightCopyright 2006 Australia & New Zealand Education Law Association. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.en_AU
gro.date.issued2006
gro.hasfulltextFull Text


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