Katre Luhamaa

Katre Luhamaa
University of Tartu · Faculty of Law

Doctor of Philosophy (law)

About

18
Publications
2,580
Reads
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40
Citations
Introduction
My research lies in the field of international human rights law, family and child law, and in particular, the way in international child rights are implemented in the national legal systems.
Additional affiliations
March 2018 - June 2020
University of Bergen
Position
  • Senior Researcher
Education
September 2011 - September 2015
University of Tartu
Field of study
  • Law

Publications

Publications (18)
Article
A child’s right to participate is one of the general principles of the Convention on the Rights of the Child ( crc ). It is an integral part of a child’s right to have his/her best interest taken into account as a primary consideration. Therefore, it is indispensable in the decision-making connected with child welfare removals, the effects of which...
Article
Full-text available
European countries have a legal obligation to provide services to vulnerable families, and children must not be removed from their parents’ care unless no other viable measures are available. This paper examines whether and how eight jurisdictions provide necessary support and services to families with newborn babies who are considered to be at ris...
Article
Full-text available
European countries have a legal obligation to provide services to vulnerable families, and children must not be removed from their parents’ care unless no other viable measures are available. This paper examines whether and how eight jurisdictions provide necessary support and services to families with newborn babies who are considered to be at ris...
Article
Full-text available
Estonia’s legal system is generally regarded as very accepting of international (human-rights) law, with treaties in this domain and associated supervisory practice being implemented directly by national courts. The article analyses whether this extends to the Convention on the Rights of the Child (CRC) and the recommendations of the CRC Committee...
Article
Participation is one of the basic rights of the child, which includes participation in juridical decision-making processes that affect the life of the child; however, considering the complexity of judicial proceedings such as child welfare removal and the peculiarities connected to a child as a vulnerable human being in his/her developmental proces...
Article
Full-text available
This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect...
Article
Participation is one of the basic rights of the child, which includes participation in juridical decision-making processes that affect the life of the child; however, considering the complexity of judicial proceedings such as child welfare removal and the peculiarities connected to a child as a vulnerable human being in his/her developmental proces...
Research
The report compares the Norwegian child protection system (CPS) with the child protection systems in five countries that are known critics of the Norwegian CPS and vocal in the public debate. The five countries are the Czech Republic, Lithuania, Poland, Romania, and Russia. The main goal of the report is to present quality assured information about...
Article
Full-text available
How accountable are decisions about terminating parental rights to ensure an adoption from care? In this paper we examine if the proceedings in eight European jurisdictions are accountable to: a) the private parties, i.e. individuals that are concerned – such as parents, child; b) the general public that authorized the politicians and the governmen...
Article
Full-text available
How accountable are decisions about terminating parental rights to ensure an adoption from care? In this paper we examine if the proceedings in eight European jurisdictions are accountable to: a) the private parties, i.e. individuals that are concerned – such as parents, child; b) the general public that authorized the politicians and the governmen...
Poster
Full-text available
Professional competence of child representatives in child removal proceedings: findings from Estonia
Thesis
Full-text available
Universality of international human rights is a mainstream argument in international law. The ultimate aim of this dissertation is to analyse the interpretation and implementation of selected children’s rights in three states: Estonia, Finland, and Russia (hereinafter ‘the states’ or ‘the three states’). In particular, whether significant differenc...

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Projects

Projects (3)
Project
In most recent political discussions and position papers in Estonia and beyond, agency is set in the centre of social actions to guarantee societal success. However, not all people are able to perform positive agency and enjoy life because of vulnerabilities they or their environments carry. The present exploratory grant application is aimed to study vulnerability in childhood how it is created within subjects, shared in relationships with other people (other children, parents, specialists, such as teachers, social workers and judges) and created by welfare, education and justice systems. The study is interdisciplinary, combining approaches from Psychology, Sociology, Law, Educational Science and Social Work. It is comparative drawing data from international quantitative data sets of Children's Worlds Study and complementary qualitative studies with children. The project is both research-driven, and practice and policy oriented aimed to improve children's well-being.
Project
The research project “Discretion and the child’s best interests in child protection” aims to unlock the black box of discretionary decision-making in child protection cases by a comparative-empirical study of how discretionary decisions are made and justified in the best interests of the child. There are huge research gaps in this important area of the welfare state, with a great deal of uncertainty concerning how, when and why discretionary decisions about the child’s best interests are different between decision- makers within and between child protection systems. The main objectives for this project are to reveal the mechanisms for exercising discretion, and improve the understanding of the principle of the child’s best interests. These objectives will be reached by systematically examining the role of institutional, organisational and individual factors including regulations of best interest principles; professions involved; type of courts; type of child protection system; demographic factors and individual values; and the populations’ view on children and paternalism. DISCRETION employs an innovative methodological approach, with multilevel and cross- country studies. The project will, by conducting the largest cross-national study on decision-making in child protection to date, lift our understanding of international differences in child protection to a new level. By conducting randomized survey experiments with both decision-makers in the system and the general population, it generates unique data on the possible causal mechanisms explaining differences in discretionary decisions. The outcomes of DISCRETION are important because societies are at a crossroad when it comes to how children are treated and how their rights are respected, which creates tensions in the traditional relationship between the family and the state. DISCRETION will move beyond the field of child protection and provide important insights into the exercise of discretion in all areas where the public interest as well as national interest must be interpreted. For more information, go to www.discretion.uib.no The DISCRETION project at Centre for Research on Discretion and Paternalism has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation program (grant agreement no. 724460).
Project
The IDEA project aims to Improve Decisions for children by building capacity of professionals who represent children’s interests in the child protection system to Empower children and Advocate for the advancement of children’s rights in five partner countries (Ireland, Finland, Sweden, Estonia and Hungary).