This is no ordinary book about child law—about custody and contact orders, about
adoption and wardship, or about agonized decisions to be made in the ‘best
interests’ of the child in the context of health care and hospitals. Nor is it a book
about youth crime and the youth justice system. Rather, it is an extraordinary
critique of insouciant women (who routinely and uncritically—and, in many places,
with the full support of the law—terminate pregnancies that they find inconvenient)
and irresponsible corporate actors, polluting and poisoning the environment. In this
sense, it is a book about the need for child protection in the face of destruction,
exploitation, and criminality. Above all, it is a book about the vulnerability of the
child.
The book starts with the controversial claim that human rights law has failed
children, most spectacularly by neglecting the ‘humanity’ of the preborn child. In
this way, not only is embryonic and fetal life devalued, the child is rendered
‘invisible.’ Granted, human embryonic and fetal life is not yet developed human
life; the embryo and the fetus does not yet have ‘personhood’. Nevertheless, we
now know that there is a clear biological continuity between the DNA in the cells of
the early embryo that is replicated all the way through to the mature adult human. It
does not follow from this biological fact (the continuity thesis) that termination is
never justified; but, so it is argued, it should give us pause—at the very least, we
should take a hard look at the pro-choice culture (associated in North America with
cases such as Roe v. Wade) that, in many legal systems, is taken to be a civilizing
recognition of the fundamental interests of women.