Session 06.2 Identity, Selfhood and Family Law
Tracks
Track 2: Room LG18
Tuesday, July 29, 2025 |
12:00 PM - 1:00 PM |
LG18 - The David Li Kwok Po Lecture Theatre |
Overview
Individual papers
Chair: TBC
Children and Young People: Identity, Selfhood and Family Law
Professor Nicola Taylor, University of Otago, New Zealand & Professor Marilyn Freeman, Westminster Law School, UK
Speaker
Professor Nicola Taylor
Professor of Family Law
Faculty of Law, University of Otago
Children and Young People: Identity, Selfhood and Family Law
Abstract
This presentation addresses why change is needed in the way we think about identity and selfhood in the family justice and related fields. Article 8 of the UNCRC provides children with the right to preserve their identity. However, this is currently a right hidden in plain sight, largely unrecognised by law, policy and practice. It has been interpreted narrowly despite the wide-ranging and evolving nature of the concept of identity and the broad potential scope of the Article in domestic and cross-border contexts. This may be attributable, in part, to the reasons motivating Article 8’s inclusion in the UNCRC in 1989. Yet, the preservation of a child’s identity cannot be frozen in time. It should apply to the more static features of identity already identified within Article 8 (name, nationality, family relations) as well as those aspects that arise in response to significant life events and transformations experienced by children within and outside of their families (e.g., gender, out-of-home care, forced marriage, relocation, abduction, migration, detention). Article 8’s companion Articles 3, 5, 7 and 12 should be better incorporated into our thinking regarding children’s right to identity. Our presentation will lift the veil on family law and consider how it can better address child identity issues. A more expansive approach to Article 8 will lead to identity becoming a more explicit consideration in relevant cases before the courts and other decision-makers. Children need to be actively involved in shaping their own identity and their views on this should be ascertained and taken into account in legal decision-making processes. We also reflect on the possibility of a General Comment to clarify Article 8’s scope and interpretation, whether identity should feature in child-related statutory enactments, and how to teach family law to better equip lawyers, judges, related professionals, and society going forward.
Biography
Professor Nicola Taylor is the Professor of Family Law and Director of the Children’s Issues Centre in the Faculty of Law at the University of Otago in New Zealand. She also holds the Alexander McMillan Leading Thinker Chair in Childhood Studies. Nicola has qualifications in both law and social work, a PhD, has been admitted as a Barrister and Solicitor of the High Court of New Zealand, and is a qualified mediator. She is a leading socio-legal researcher and has undertaken many studies with children, parents and professionals on family law and children’s rights issues including post-separation care arrangements, relocation, international child abduction, children’s views and participation, child-inclusive practice, family dispute resolution, children’s identity issues in international family law contexts, relationship property division and succession law. Nicola’s research findings have been invaluable in informing legislative, legal policy and professional practice developments within New Zealand and internationally.
Professor Marilyn Freeman
Westminster Law School
Children and Young People: Identity, Selfhood and Family Law
Biography
Professor Marilyn Freeman is Co-Director of the International Centre for Family Law, Policy and Practice (ICFLPP), Principal Research Fellow at The Westminster Law School, London, and Chairperson of the International Association of Child Law Researchers (IACLaR). She is widely acknowledged as a leading expert in the area of international child abduction and international children’s law, and publishes widely in her areas of expertise. She has undertaken several key research projects including those investigating The Long-Term Effects of International Child Abduction, and (together with Professor Nicola Taylor) The Outcomes for Children who Object to Return under the 1980 Hague Convention. She holds an academic door tenancy at 4PB, one of the key sets of barristers’ chambers in London specialising in international child abduction cases, and is qualified as a Family Mediator trained to undertake direct consultation with children, cases involving international child abduction, and other international family disputes.
