ces74@cam.ac.uk
College Contact Details
Room: 13 Chapel Court 9/11
Associate Professor
Hon LLB (Adelaide), BCL (Oxon), PhD (Cantab)
Interests
Claire’s research lies in the field of children’s rights, comparative law and international human rights law. She has published on a wide range of issues including parenthood (especially international surrogacy), child trafficking and children and sustainable development.
Her first book, "Children's Rights in Intercountry Adoption" was awarded the Inner Temple Book Prize for New Authors, as well as the Faculty of Law's Yorke Prize, and has been cited by the Court of Appeal. Her second book, "Children and the European Court of Human Rights" will be published by OUP in December 2020.
Claire is on the Editorial Board of the International Journal of Law, Policy and the Family. She is an Associate Member of Harcourt Chambers, and an Academic Fellow of Inner Temple, and has worked with organisations such as United Nations Office of the High Commissioner for Human Rights, the European Union, Save the Children, and Avocats Sans Frontieres on issues concerning child protection, human rights, and rule of law.
CV / Biography
Claire undertook her undergraduate studies at the University of Adelaide, where she completed a Bachelor of Laws (First Class Honours), Bachelor of International Studies, and Diploma of Languages (Spanish). She obtained her BCL (with distinction) from the University of Oxford, and her PhD at University of Cambridge.
Before joining the Cambridge Law Faculty, she was a lecturer at King's College London.
Publications
Books
Children and the European Court of Human Rights (OUP), forthcoming
Publisher:
OUP
Published Forthcoming
Eastern and Western Perspectives on Surrogacy (ed) (Intersentia, 2019)
Co-editor(s):
Jens M Scherpe and Terry Kaan
Publisher:
Intersentia
ISBN 13:
9781780686523
Published Jun 2019
Children’s Rights in Sustainable Development: Implementing the UNCRC for Future Generations (ed) (Cambridge University Press, 2019)
Publisher:
Cambridge University Press
Published Apr 2019
Children's Rights in Intercountry Adoption: A European Perspective (Intersentia, 2014)
Publisher:
Intersentia
ISBN 13:
9781780682280
Published Oct 2014
Articles
"Children, Parents and the European Court of Human Rights" (2019) 6 European Human Rights Law Review 643
Citation:
(2019) 6 European Human Rights Law Review 643
Published: Dec 2019
"Protecting children’s rights: why governments must be bold to tackle childhood obesity" (2019) 394 The Lancet 1393
Citation:
(2019) 394 The Lancet 1393
Published: Nov 2019
"The end of corporal punishment? " (2018) 48(8) Family Law 954-956
Citation:
(2018) 48(8) Family Law 954-956
Published: Aug 2018
"Male circumcision vs female genital mutilation: Two sides of the same coin?" (2018) 48(6) Family Law 652-654
Citation:
(2018) 48(6) Family Law 652-654
Published: Jun 2018
"International Surrogacy before the European Court of Human Rights" (2017) 13(3) Journal of Private International Law 546-567
Citation:
(2017) 13(3) Journal of Private International Law 546-567
DOI:
https://doi.org/10.1080/17441048.2017.1385901
Published: Jan 2018
"Why sex still matters" (2017) 47(4) Family Law 367-369
Citation:
(2017) 47(4) Family Law 367-369
Published: Apr 2017
"Child Euthanasia: A right too far?" (2016) 46(12) Family Law 1394-1396
Citation:
(2016) 46(12) Family Law 1394-1396
Published: Dec 2016
"Reviewing the UK’s implementation of human rights obligations" (2016) 46(10) Family Law 656-658
Citation:
(2016) 46(10) Family Law 656-658
Published: Oct 2016
"Adoption Targets: The Good, the Bad and the Ugly" (2016) 46(2) Family Law 148-150
Citation:
(2016) 46(2) Family Law 148-150
Published: Feb 2016
"Outsourcing Ethical Dilemmas: Regulating International Surrogacy Arrangements" (2016) 24(1) Medical Law Review 59-75
Citation:
(2016) 24(1) Medical Law Review 59-75
Published: Jan 2016
"Cross-Border Public Care and Adoption Proceedings in the European Union" (2016) 38(1) Journal of Social Welfare and Family Law 94-102
Citation:
(2016) 38(1) Journal of Social Welfare and Family Law 94-102
Published: Jan 2016
"The Regulation and Recognition of Surrogacy in English Law" (2015) 27(1) Child and Family Law Quarterly 83-95
Citation:
(2015) 27(1) Child and Family Law Quarterly 83-95
Published: Apr 2015
"Participation and Natural Justice: Children’s Rights and Interests in Hague Abduction Proceedings" (2014) 9(1) Journal of Comparative Law 129-144
Citation:
(2014) 9(1) Journal of Comparative Law 129-144
Published: Sep 2014
"Human Rights and Private International Law: Regulating International Surrogacy" [2014] 10(1) Journal of Private International Law 157-169
Citation:
[2014] 10(1) Journal of Private International Law 157-169
DOI:
10.5235/17441048.10.1.157
Published: Apr 2014
"The Child's Voice in Adoption Proceedings: A European Perspective" (2013) 21(4) International Journal of Children's Rights 590-615
Citation:
(2013) 21(4) International Journal of Children's Rights 590-615
Published: Dec 2013
Book Chapters
"Surrogacy in a Globalised World: Comparative Analysis and Thoughts on Regulation" (with Jens M Scherpe) in Jens M Scherpe, Claire Fenton-Glynn and Terry Kaan (ed(s)), Eastern and Western Perspectives on Surrogacy (Intersentia, 2019)
Publisher:
Intersentia
Published Jun 2019
"The Legal Status of Intersex Persons in Australia" (with Claire Fenton-Glynn) in Jens Scherpe, Anatol Dutta and Tobias Helms (ed(s)), The Legal Status of Intersex Persons (Intersentia, 2018)
Publisher:
Intersentia
Published Dec 2018
"Creating International Families: Private International Law and the Industry of Parenthood" (with Claire Fenton-Glynn) in Victoria Stephens and Gillian Douglas (ed(s)), International and National Perspectives on Child and Family Law: Festschrift for Nigel Lowe (Intersentia, 2018)
Publisher:
Intersentia
Link
Published Jun 2018
"Re C v XYZ County Council" (with Claire Fenton-Glynn) in Kathryn Hollingsworth, Helen Stalford and Stephen Gilmore (ed(s)), Rewriting Children’s Rights Judgments: From Academic Vision to New Practice (Hart, 2017)
Publisher:
Hart
Published Nov 2017
"Theory and Practice on Article 8 ECHR in England and Wales" (with Jens M Scherpe and Kirsty Hughes) in Andrea Büchler and Helen Keller (ed(s)), Family Forms and Parenthood: Theory and Practice of Article 8 ECHR in Europe (Intersentia, 2016)
Publisher:
Intersentia
Published Sep 2016
"Adoption in a European Perspective" (with Claire Fenton-Glynn) in Jens M Scherpe (ed(s)), European Family Law (Volume III) (Edward Elgar, 2016)
Publisher:
Edward Elgar
ISBN 13:
978 1 78536 304 7
Published Jan 2016
"Transnational Family Law" (with -) in Peer Zumbansen (ed(s)), Oxford Handbook of Transnational Law (Forthcoming) (Oxford University Press), forthcoming
Publisher:
Oxford University Press
Published Forthcoming
"Anonymous Relinquishment and Baby-Boxes: Life-saving mechanisms or a violation of human rights?" in Katharina Boele-Woelki and Nina Dethloff (ed(s)), Family Law and Culture in European: Developments, Challenges and Opportunities (Intersentia, 2014)
"The Law as a Prisoner of History: An Examination of Aborginal Title in South Austalia" (with Shaun Berg) in Shaun Berg (ed(s)), Coming to Terms: The Legal Implications of the Letters Patent and Founding Documents upon Aboiginal Land in the Colonisation of South Australia (Wakefield Press, 2010)
Publisher:
Wakefield Press
Published Jan 2010
Book Reviews
John Eekelaar and Mavis Maclean: Family Justice: The Work of Family Judges in Uncertain Times (2014) 18 Edinburgh Law Review 165-166
Published Dec 2013
Rob George: Ideas and Debates in Family Law (2013) 72(2) Cambridge Law Journal 469-471
Published Jul 2013
Fifty Years of Family Law: Essays for Stephen Cretney [2012] 71(3) Cambridge Law Journal 734-736
Published Nov 2012
Case Notes
Human rights and the law of nullity: Akhter v Khan (2018) 48 (10) Family Law 1265-1268
Published: Oct 2018
Published: Oct 2018
Revoking Adoption: Re J (Adoption: Appeal) (2018) 48(4) Family Law 372-374
Published: Apr 2018
Children’s welfare vs community interests: Contact, religion and transgender rights (2018) 48(2) Family Law 134-136
Published: Feb 2018
What price a child? Recovering damages in tort for international surrogacy (2017) 47(12) Family Law 1293-1295
Published: Dec 2017
The importance of child friendly judgments (2017) 47(10) Family Law 1070-1072
Published: Oct 2017
Life-sustaining treatment and the best interests of the child (2017) 47(8) Family Law 810-812
Published: Aug 2017
When is a family not a family? (2017) 47(6) Family Law 586-588
Published: Jun 2017
Information on Origins: Right or Obligation? (2016) 46(8) Family Law 946-948
Published: Aug 2016
Reinterpreting s54 HFEA: How far is too far? (2016) 46(6) Family Law 656-658
Published: Jun 2016
Opposite sex civil partnerships and the ambit of Article 8 (2016) 46(4) Family Law 431-433
Published: Apr 2016
Austerity and the benefit cap: In whose best interests? (2016) Journal of Social Welfare and Family Law 467-469
DOI:
10.1080/09649069.2015.1121961
Published: Jan 2016
Re N – Conflict and Confluence of Adoption Law in Europe (2015) 45(12) Family Law 1433-1435
Published: Dec 2015
The Rise of Strict Scrutiny: Extending Re B-S to changes in care plans (2015) 37(1) Journal of Social Welfare and Family Law 105-107
DOI:
10.1080/09649069.2015.998015
Published: Apr 2015
The Difficulty of Enforcing Surrogacy Regulations (2015) 74(1) Cambridge Law Journal 34-37
Published: Apr 2015
Replacing One Type of Oppression with Another? Same-sex couples and religious freedom [2014] 73(1) Cambridge Law Journal 31-34
Published: Mar 2014
Paramountcy and the ECHR: A Conflict Resolved? [2012] 71(3) Cambridge Law Jounal 498-501
Published: Nov 2013
An Unbalanced Scale: Anonymous Birth and the European Court of Human Rights [2013] 72(2) Cambridge Law Journal 263-266
Published: Jul 2013
Reports
Adoption Without Consent
Body / Institution:
European Parliament
Link to report
Published: Apr 2016
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