Letter in reply to previous article on children's rights.

Can appealing to children’s rights help to solve the non-identity problem in cases of procreation? A number of philosophers have answered affirmatively, arguing that even if children cannot be harmed by being born into disadvantaged conditions, they may nevertheless be wronged if those conditions fail to meet a minimal standard of decency to which all children are putatively entitled. This paper defends the tenability of this view by outlining and responding to five prominent objections that have been raised (...) against it in the contemporary literature: the identifiability objection; the non-existence objection; the waiving of rights objection, the lack of legitimate complaint objection; and the unfairness objection. (shrink)

Children’s Rights and Moral Parenting offers systematic treatment of a variety of issues involving the intersection of the rights of children and the moral responsibility of parents.

Originally published in 1981, this book provides a detailed account of the emergence of the children's rights movement, and analyses the concept of a right. It considers the justifications which may be sought when rights are claimed. Particular attention is given to the problem which arises when different rights are seen to be in conflict with each other or with other kinds of moral consideration. These arguments are then examined with regard to such special features of children (...) as their incomplete but developing rationality and their material dependence on adults. (shrink)

Liberals who want to support multiculturalism need to be able to justify the parental authority to instill cultural value systems or worldviews into children. However, such authority may be at odds with liberal demands that citizens be autonomous. This paper argues that parents do not have the legitimate authority to instill in their children a specific value system, contrary to the complex and intriguing arguments of Robert Noggle (2002). Noggle’s argument, which draws heavily on key ideas in Rawls’ theory of (...) justice, is that children are not moral agents and that parents are in a special kind of fiduciary relationship vis-à-vis their children. Noggle’s position is contrasted with the more limited conception of parental authority advanced by David Archard (2002). I argue that we can accept that parents are agents of their children, but contra Noggle, this does not entitle them to impose their parochial value systems onto their children. I argue that while children have an interest in acquiring values, they do not have an interest in acquiring a value system. (shrink)

Several charters of rights have been issued in Europe to solemnly proclaim the rights of children during their hospital stay. However, notwithstanding such general declarations, the actual implementation of hospitalized children’s rights is unclear. The purpose of this study was to understand to which extent such rights, as established by the two main existing charters of rights, are actually implemented and respected in Italian pediatric hospitals and the pediatric units of Italian general hospitals, as (...) perceived by the nurses working in them. (shrink)

Teachers White and Thompson allowed students to explore the primary-source readings from several philosophers in a 5th grade course called Apogee. The essay is written with a focus on Patience and other virtues.

This chapter contains sections titled: Basic Principles Concerning Rights Against Parents' Rights Against State or Citizen Rights Formal Characteristics of Children's Rights Conclusion.

This paper discusses children's right to play and its bioethical importance for children affected by war. Against the background of the current military conflicts, it analyses physical, psychological, and institutional factors that limit children's right to play in a situation involving armed conflict. Considering that the lack of institutional support of play for children affected by war constitutes a failure to fulfil our societal and political obligation under Article 31 of the United Nations Convention on the Rights of the (...) Child, this paper analyses the understanding of play adopted in this legal instrument. In line with the distinctions made in the Convention, it discusses the importance of play for children's life and survival, for their health and well‐being, as well as for the recovery of trauma experienced by children affected by armed conflict. It thereby aims to contribute to the recognition and protection of this right on the grounds of bioethics and healthcare. (shrink)

It is widely known that criminal punishment, especially imprisonment, has negative effects for innocent persons, most notably the families of prisoners. This is an issue attracting increasing attention from penal theorists and philosophers. Adding to this literature, this article examines the extent to which incarceration of a parent is consistent with fundamental rights that are often ascribed to children. In particular, we focus on children's rights against being separated from their parents. To this end, we begin with a (...) discussion of the philosophical basis for children's rights against being separated from their parents against their will. Drawing from recent work by Kimberley Brownlee and Matthew Liao, we argue that children have such a right and that it is grounded in children's welfare interest and the importance of parent–child relationships for children to develop adequately into autonomous agents. We then examine three arguments why imprisoning a parent is justified despite the fact that children have a right against being separated from their parents. For each of these arguments, we argue that while they may show the imprisonment of a particular parent to be sometimes compatible with respecting the right against parent–child separation, an extensive use of imprisonment as punishment of the sort that persists in many states is not. (shrink)

The pandemic has adversely impacted children. The vaccine roll-out to children aged 12 - 17 years is important to curb the spread of the virus and allow children to revert to some form of normality. Children’s rights to equality, education, health and food have been impeded during the pandemic. However, there is a persistent hesitancy towards the vaccine roll-out. This is apparent from a case before the High Court in Pretoria, in the pending matter between the African Christian (...) Democratic Party and others v The Minister of the National Department of Health: Dr M Phaahla and Others. SECTION27’s intervention as amicus curiae highlights the importance of vaccines, and provides evidence to illustrate the adverse impact of the pandemic on learners’ rights to equality, education, food and health. Further, the evidence illustrates the inequalities that exist among learners. (shrink)

This article considers the question of how much weight the infringement of children's right to bodily integrity should be given compared with competing considerations. It utilises the example of circumcision to explore this question, taking as given this practice's opponents' view of circumcision's harmfulness. The article argues that the child's claim against being subjected to circumcision is neither a mere interest nor a right so strong that it trumps all competing interests. Instead, it is a right of moderate strength. Indeed, (...) even the aggregate strength of children's rights against the practice of circumcision as a whole is not so weighty so as to always trump competing interests. The harms are not sufficiently serious to justify such a status. And the expressive wrongs associated with non-negligently benevolent harming are much less serious than those associated with intentional harming. The debate over banning circumcision thus cannot be conducted only in terms of competing rights. Competing interests, such as those that would be set back by the departure of religious citizens, should be considered as well and might plausibly justify allowing even a rights-infringing practice to continue. (shrink)

(2011). Rethinking Children's Rights: Attitudes in Contemporary Society. By Phil Jones and Sue Welch. British Journal of Educational Studies: Vol. 59, Research capacity building, pp. 357-358.

Children are young human beings. Some children are very young human beings. As human beings children evidently have a certain moral status. There are things that should not be done to them for the simple reason that they are human. At the same time children are different from adult human beings and it seems reasonable to think that there are things children may not do that adults are permitted to do. In the majority of jurisdictions, for instance, children are not (...) allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment. What makes children a special case for philosophical consideration is this combination of their humanity and their youth, or, more exactly, what is thought to be associated with their youth. One very obvious way in which the question of what children are entitled to do or to be or to have is raised is by asking, Do children have rights? If so, do they have all the rights that adults have and do they have rights that adults do not have? If they do not have rights how do we ensure that they are treated in the morally right way? Most jurisdictions accord children legal rights. Most countries—though not the United States of America—have ratified the United Nations Convention on the Rights of the Child which was first adopted in 1989. The Convention accords to children a wide range of rights including, most centrally, the right to have their ‘best interests’ be ‘a primary consideration’ in all actions concerning them, the ‘inherent right to life’, and the right of a child “who is capable of forming his or her own views … to express these views freely in all matters affecting the child”. However it is normal to distinguish between ‘positive’ rights, those that are recognised in law, and ‘moral’ rights, those that are recognised by some moral. (shrink)

Child Law starts with the question "Who is the Child?" In direct contrast to the CRC, which calls for putting the interests of the child first in all policies dealing with children, it appears that the interests of others are the major consideration de facto. In law, children's right to protection is severely limited by the presence of a maximum age limit, with no consideration of the starting point: current and ongoing scientific research has demonstrated the effects of this non-consideration (...) in a number of abnormalities and diseases, not only in children, but in adults and the elderly. The WHO has published a number of studies to that effect, and the 2012 Report on Endocrine Disruptors more than confirms this claim. This and other scientific insights that have largely been ignored show the flaws and inadequacies of the legal regimes intended to protect children, in a number of areas, from the basic public health to the right to normal development; child labor law conventions; in conflict situations; as a result of climate and other events; children as illegal migrants; and as inmates in prison camps. (shrink)

Is parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of trust, (...) this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights. (shrink)

Justice for children meets specific obstacles when it comes to its realization due not only to the nature of rights and the peculiarities of children as subjects of rights. The conflict of interests between short-term and long-term aims, and the different interpretations a state can do on the question concerning how to materialize social rights policies and how to interpret its commitments on social justice play also a role. Starting by the question on why the affluent states (...) do not seem to be motivated enough to fully assume those duties of justice toward children —derived form recognizing children’s rights—, this article aims to explore and shed light on what psychology of motivation and moral psychology, and positive approaches could offer in relation to political and ethical challenges toward childhood. Hence this article advocates for the modification and enrichment of the philosophical discourse on children’s rights with what psychology has proved to have a more efficient impact in agents’ action and motivation. In doing so, practical philosophy could improve its role helping understand and eventually surpassing some akratic tendencies in the public sphere with respect to children’s rights. (shrink)

If we agree that the adoption of Human Rights Instruments during the second half of the last century has led to a system of globally accepted values, are these also applicable to children? There are some indications that the Convention on the Rights of the Child is beginning to have an impact, in particular where a culture of rights is already in existence. This paper examines policy issues concerned with three interconnected rights: to education, rest and (...) leisure, and freedom from exploitation. Does the fact that a society subscribes to a culture of rights make any difference in this respect?The paper begins by considering different approaches to the right of freedom from economic exploitation in International Instruments and discusses a number of aspects relevant to the work of children. It then compares recent amendments to child labour legislation in two societies, one of which is a state party to several children's rights conventions, while the other has not ratified any International Treaties of relevance to its own child citizens. (shrink)

By blurring the distinction between formal school and education writ large, homeschooling both highlights and complicates the tensions among the interests of parents, children, and the state. In this essay, Robert Kunzman argues for a modest version of children's educational rights, at least in a legal sense that the state has the duty and authority to enforce. At the same time, however, it is important to retain a principled distinction between schooling and education—not only to protect children's basic educational (...) rights, but also to prevent the state from overreaching into the private realm of the home and family. (shrink)

The article presents and analyzes part of research outcomes, which was conducted in two lower secondary school in Poland. It rises issue of the level of respect the children’s right to self-expression at school as a key element of development democratic environment in education and create empowerment among students Giving children the opportunity to exercise their right is a key element in a democratic society.

This article argues that investigators doing developmental and social research with children have, for the most part, failed to acknowledge the inherent implications of their work for children's rights. The impact of these studies upon children's rights occurs at every stage; from hypothesis formulation to hypothesis testing to dissemination of findings. This paper addresses the issue in the context of developmental research on children's ability to report experienced events accurately. This particular research area has generated data that has (...) been extrapolated to legal contexts and created a foundation for assumptions about the credibility of child witnesses. This in turn has had profound effects on children's right to be heard and the weight given to their testimony. The argument is made that there is a need for social scientists to explicitly articulate how their work may impact upon children's rights and what is in fact the social agenda in this regard underlying their research. (shrink)

Worldwide, many impoverished parents migrate, leaving their children behind. As a result children are deprived of continuity in care and, sometimes, suffer from other forms of emotional and developmental harms. I explain why coercive responses to care drain are illegitimate and likely to be inefficient. Poor parents have a moral right to migrate without their children and restricting their migration would violate the human right to freedom of movement and create a new form of gender injustice. I propose and defend (...) an institutional solution. Taxes levied on the remittances sent by temporary migrants ought to be used to provide migrants' children with psychological counselling in order to mitigate the harm resulted from discontinuity in care. (shrink)

The United Nations Convention on the Rights of the Child sets out the rights to which all children should have access. Included in the Convention is children’s right to participate and have a say in matters affecting them. This right is equally applicable within a research context as it is in children’s everyday lives. This desk-top study reviews published ethics guidelines and university ethics documents associated with research involving children in school contexts, to determine the presence (...) of children’s participation rights. It draws attention to how growing understandings of children’s participation rights, and the ethical issues associated with these, are inadequately encompassed within ethics guidelines and documents. (shrink)

This paper argues that liberal tenats that justify intervention to promote the welfare of an incompetent do not suffice as a basis for analyzing parent-child relationships, and that this inadequacy is the basis for many of the problems that arise when thinking about the state's role in resolving family conflicts, particularly when monitoring parental discretion in medical decision-making on behalf of a child. The state may be limited by the best interest criterion when dealing with children, but parents are not. (...) The state's relation with the child is formal while the parental relation is intimate, having its own goals and purposes. While the liberal canons insist on the incompetent one's best interest, parents are permitted to compromise the child's interests for ends related to these familial goals and purposes. Parents decisions should be supervened, in general, only if it can be shown that no responsible mode of thinking warrants such treatment of a child. Keywords: proxy medical consent, children's rights, state's protection of children, parental authority and the state's intervention, paternalism, liberalism, parental values CiteULike Connotea Del.icio.us What's this? (shrink)

The sources, extent and margins of parental obligations in taking decisions regarding their children’s medical care are subjects of ongoing debates. Balancing children’s immediate welfare with keeping their future open is a delicate task. In this paper, we briefly present two examples of situations in which parents may be confronted with the choice of whether to authorise or demand non-therapeutic interventions on their children for the purpose of fertility preservation. The first example is that of children facing cancer (...) treatment, and the second of children with Klinefelter syndrome. We argue that, whereas decisions of whether to preserve fertility may be prima facie within the limits of parental discretion, the right to an open future does not straightforwardly put parents under an obligation to take actions that would detect or relieve future infertility in their children—and indeed in some cases taking such actions is problematic. (shrink)

This article argues that uses of exclusion by schools in the United Kingdom (UK) often violate children’s moral rights. It contends that while exclusion is not inherently incompatible with children’s moral rights, current practice must be reformed to align with them. It concludes that as a non-punitive preventive measure, there may be certain circumstances in schools where it is necessary to exclude a child in order to safeguard the weighty interests of others in the school community. (...) However, reform is needed to ensure that exclusion is a measure of last resort, unjust discrimination is eliminated, appropriate and timely alternative provision is available, cultures of listening are developed, and blanket policies are removed. The argument is framed in terms of children’s weighty interests as identified in the United Nations Convention on the Rights of the Child. The moral bearing of these interests on UK schools is defended, and an overview of exclusion practices commonly used in UK schools is provided. Finally, the extent to which the use of exclusion in UK schools might violate the moral rights of the child is considered by evaluating empirically informed arguments for and against such policies couched in terms of interests identified in the Convention. (shrink)

ALTHOUGH "CHILD LABOR" IS UNIVERSALLY CONDEMNED, CHILD WORK will be a feature of global life for the foreseeable future because many children without adequate access to the requisites of human dignity must work to gain them. With help from the recent work of John Wall, Mary M. Doyle Roche, Bonnie J. Miller-McLemore, and others, the author claims children's right to work in Ethna Regan's sense, as an expression of a "situated universal." Rights on this view are real but contingent. (...) They are means to protect universal human goods and vulnerabilities under attack in particular situations. In this case, a situated right to work protects children's flourishing in a global culture still shaped by liberal and capitalist institutions, even as it criticizes that culture's injustices and exclusions. (shrink)

Martin Guggenheim, What's Wrong with Children's Rights Cambridge, MA: Harvard University Press, 2005, pp. 320.

This paper advances a novel conception of the child’s best interest in regard to pediatric surgeries that do not promote the preventive or therapeutic health needs of children, or elective pediatric surgeries (EPS). First, children’s capacity for decision-making is examined, and the best decision-making model for EPS is identified as the Best Interest Standard. What follows is a discussion of the interests of children in the context of EPS, the correlation of fundamental interests to rights, and guidelines for (...) weighing children’s competing interests. Next, the rights and duties of parents as proxy decision makers are considered. Finally, a reinterpretation of the Best Interest Standard is proposed, identifying as paramount a child’s ability to make elective medical decisions for herself when she reaches maturity. (shrink)

Events surrounding the September 11 terrorist attacks on the United States raise compelling moral questions about the effects of war and globalization on children in many parts of the world. This paper adopts Sartre's notion of freedom, particularly its connection with materiality and intersubjectivity, to assess the moral responsibility that we have as a global community toward our most vulnerable members. We conclude by examining important first steps that should be taken to address the plight of children.

This paper considers what are the appropriate limits of parental or guardian proxy consent for a child's participation in medical or social science research. Such proxy consent, it is proposed, is invalid in regards “non-therapeutic research.” The latter research may add to scientific knowledge and/or benefit others, but any benefit to the child research participant is but a coincidental theoretical possibility and not a primary objective. Research involving children, without intended and acceptable prospect of beneficial outcome to the individual participant, (...) even if with negligible risk, does not meet the test for “best interests.” Proxy consent for children's involvement in research is justifiable only when given for and on behalf of the child in his or her best interest to enhance the child's well-being. Only in the latter case is the parental proxy consent situation analogous in regards key criteria to a competent individual consenting to research participation. (shrink)