Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?
Journal Article
Macfarlane, L. (2018)
Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?. Juridical Review, 75-97
Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests… shall be a primary consideration’ in all actions concerning th...
Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development
Journal Article
Barnes Macfarlane, L. (2018)
Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development. Edinburgh Law Review, 22(1), 101-107. https://doi.org/10.3366/elr.2018.0458
"A letter", Nietzsche once wrote, "is an unannounced visit, the postman the agent of rude surprises". Given the extremely personal nature of many family law judgments, it is r...
Serving Best Interests in ‘Known Biological Father Disputes’ in the United Kingdom
Book Chapter
Macfarlane, L. (2016)
Serving Best Interests in ‘Known Biological Father Disputes’ in the United Kingdom. In E. E. Sutherland, & L. A. B. MacFarlane (Eds.), Implementing Article 3 of the United Nations Convention on the Rights of the Child : best interests, welfare and well-being (149-164). (1). Cambridge, UK: Cambridge University Press
Article 3 of the UN Convention on the Rights of the Child provides that in ‘all actions concerning children’ the ‘best interests of the child shall be a primary consideration’...
Article 3 and Adoption in and from India and Nepal
Book Chapter
Whitecross, R. (2016)
Article 3 and Adoption in and from India and Nepal. In E. E. Sutherland, & L. Barnes MacFarlane (Eds.), Implementing Article 3 of the United Nations Convention on the Rights of the Child (213-230). New York: Cambridge University Press
Nepal has experienced an increase in intercountry adoption in recent years. Following the opening up of authorisation to arrange adoptions, the number of child centres offerin...
‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’
Journal Article
Macfarlane, L. (2015)
‘Taking care of the small: Article 6 of the Convention on the Rights of the Child and childhood accidental injury claims in Scotland’. Stellenbosch Law Review, 26(2), 424-442
This article addresses the right to life, survival and development, guaranteed to every child by the United Nations Convention on the Rights of the Child, article 6, within th...
F v F: MMR vaccine - welfare need or welfare norm?
Journal Article
Macfarlane, L. B. (2014)
F v F: MMR vaccine - welfare need or welfare norm?. Edinburgh Law Review, 18, 284-289. https://doi.org/10.3366/elr.2014.0214
Notwithstanding extensive media coverage and commentary, the recent judgment of
the High Court Family Division in F v F1 is not one that tells us very much about
children’s ri...