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A review of literature on children's rights and legal pluralism

Giselle Corradi (UGent) and Ellen Desmet (UGent)
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Abstract
This paper reviews and reflects upon the literature in which children's rights and legal pluralism stand at the core. This scholarship has mainly addressed three research questions: how global children's rights standards interrelate with local normative orders and practices; how children as well as justice providers navigate legally plural orders; and how legal pluralism interplays with social change and the realisation of children's rights. As regards research topics, intra-family relations have received more scholarly attention than the position of children in the wider society. Even though, often implicitly, a variety of theoretical approaches may be discerned, particularly regarding the conceptualisation of children's rights (e.g. as semi-autonomous or static) and legal pluralism (e.g. as dichotomous or multi-level). In the conceptualisation of children and childhood, a social constructionist approach is predominant. On this basis, we formulate a number of suggestions for future research. It is concluded that further developing the subfield of children's rights and legal pluralism is worthwhile, not only because of the specificity of the knowledge needed, but also because this may deepen our understanding of the interplay between legal pluralism and human rights more generally.
Keywords
Childrens' Rights, Human Rights, Legal Pluralism, HRC, literature review, gender, family law and justice

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MLA
Corradi, Giselle, and Ellen Desmet. “A Review of Literature on Children’s Rights and Legal Pluralism.” JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW, vol. 47, no. 2, 2015, pp. 226–45, doi:10.1080/07329113.2015.1072447.
APA
Corradi, G., & Desmet, E. (2015). A review of literature on children’s rights and legal pluralism. JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW, 47(2), 226–245. https://doi.org/10.1080/07329113.2015.1072447
Chicago author-date
Corradi, Giselle, and Ellen Desmet. 2015. “A Review of Literature on Children’s Rights and Legal Pluralism.” JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW 47 (2): 226–45. https://doi.org/10.1080/07329113.2015.1072447.
Chicago author-date (all authors)
Corradi, Giselle, and Ellen Desmet. 2015. “A Review of Literature on Children’s Rights and Legal Pluralism.” JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW 47 (2): 226–245. doi:10.1080/07329113.2015.1072447.
Vancouver
1.
Corradi G, Desmet E. A review of literature on children’s rights and legal pluralism. JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW. 2015;47(2):226–45.
IEEE
[1]
G. Corradi and E. Desmet, “A review of literature on children’s rights and legal pluralism,” JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW, vol. 47, no. 2, pp. 226–245, 2015.
@article{7080014,
  abstract     = {{This paper reviews and reflects upon the literature in which children's rights and legal pluralism stand at the core. This scholarship has mainly addressed three research questions: how global children's rights standards interrelate with local normative orders and practices; how children as well as justice providers navigate legally plural orders; and how legal pluralism interplays with social change and the realisation of children's rights. As regards research topics, intra-family relations have received more scholarly attention than the position of children in the wider society. Even though, often implicitly, a variety of theoretical approaches may be discerned, particularly regarding the conceptualisation of children's rights (e.g. as semi-autonomous or static) and legal pluralism (e.g. as dichotomous or multi-level). In the conceptualisation of children and childhood, a social constructionist approach is predominant. On this basis, we formulate a number of suggestions for future research. It is concluded that further developing the subfield of children's rights and legal pluralism is worthwhile, not only because of the specificity of the knowledge needed, but also because this may deepen our understanding of the interplay between legal pluralism and human rights more generally.}},
  author       = {{Corradi, Giselle and Desmet, Ellen}},
  issn         = {{0732-9113}},
  journal      = {{JOURNAL OF LEGAL PLURALISM AND UNOFFICIAL LAW}},
  keywords     = {{Childrens' Rights,Human Rights,Legal Pluralism,HRC,literature review,gender,family law and justice}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{226--245}},
  title        = {{A review of literature on children's rights and legal pluralism}},
  url          = {{http://doi.org/10.1080/07329113.2015.1072447}},
  volume       = {{47}},
  year         = {{2015}},
}

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