Yaqub, N. orcid.org/0000-0003-1026-0394 (2024) Can GPS Monitoring Be Viewed as a Bodyguard, Rather than a Prison Guard?: The Use of Electronic Monitoring to Reduce the Risk of Cross-Border Parental Child Abduction. Modern Law Review. ISSN 0026-7961
Abstract
Globally, the number of cases of international parental child abduction has remained consistent in the past decade, despite the array of legal provisions designed to prevent it. The current legal approach is ineffective. Reflecting on the findings of an empirical study on parental abduction from the UK, the article considers a novel solution which aims to protect children at risk of abduction through electronic monitoring. The electronic monitoring of children has negative connotations, particularly its use in the criminal justice system. The article considers whether electronic monitoring, in the context of family law proceedings, could serve a protective rather than a punitive purpose. Such an approach requires a conceptual shift, to view electronic monitoring as a bodyguard for the privileged few, rather than as a prison guard. The article reflects on the use of electronic monitoring in parental abduction cases by the Family Courts and examines the proposal drawing on the rights found in the European Convention on Human Rights and the UN Convention on the Rights of the Child. A rights-based analysis, as opposed to one constructed solely on the child's best interests in English family law, enables its application in other legal jurisdictions and protective contexts.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2024 The Author(s). This is an open access article under the terms of the Creative Commons Attribution License (CC-BY 4.0), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 06 Sep 2024 09:36 |
Last Modified: | 07 Nov 2024 14:36 |
Status: | Published online |
Publisher: | Wiley |
Identification Number: | 10.1111/1468-2230.12932 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:216878 |