This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, in the various (...) senses in which we might consider the child’s views, and in the questions of how to weight those views and how their weighting makes a practical difference in coming to a decision. In so doing we criticise other accounts that simply regard a child’s views as having consultative value. We also make better sense of how we might weight a child’s views. The philosophical issues addressed in the article carry implications for how we might understand Article 12 that are not satisfactorily identified and addressed in the voluminous literature on Article 12 within childhood studies. These issues also have implications for how we might understand the distinction between adults and children in respect of powers of personal choice. We conclude by emphasising the importance and value of the right that Article 12 seeks to formally identify. (shrink)

This article addresses the debate on fuzzy cases concerning the so called ‘mild’ and sporadic instances of physical violence against children by caregivers. The end of violence toward children is a current goal in the international scenario. However, myths on the use of violence and the scope of parental rights still survive. Thus, I examine the main theoretical, ethical and political challenges regarding conceptual clear-cut boun- daries and the burden of proof when justifying violence. Finally, I defend the role of (...) a preventive approach on children’s wellbeing and family intervention as a fruitful way to surpass polarized debates on permi- ssibility and criminalization. (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)

Our concern is with the ethical issues related to girlhood and bodily integrity—the right to be free from physical harm and harassment and to experience freedom and security in relation to the body. We defend agency, positive self-relations, and health as basic elements of bodily integrity and we advocate that this normative concept be used as a conceptual tool for the protection of the rights of girls. We assume the capability approach developed by Martha Nussbaum as an ethical framework that (...) enables us to evaluate girls’ well-being and well-becoming in relation to the potential, and often subtle, threats they face. The capability approach can be understood as a theory of justice, and, therefore, as an ethical and political approach. An enriched concept of bodily integrity can help in the design of better policies to address gender biases against girls because it could contribute to seeing them as active agents and valid participants. (shrink)

Children are affected by poverty more often than adults, and growing up in poverty has severe and long-lasting negative consequences for a child’s well-being. How-ever, children are also in a very weak position, both to escape poverty on their own and to publicly and politically enforce their claims to a better life. Accordingly, children living in poverty are victims of two intersecting forms of powerlessness: they are children and they are poor. In this article, we analyze this particular type of (...) powerlessness from a children’s rights perspective and argue that, in order to effectively restore justice to children in pov-erty, the State has to implement a comprehensive children’s rights regime. We argue that the State is obliged to consider children’s best interests in all its policies – even those that are not directly related to children – in order to compensate for the lack of political agency during childhood. This demand reflects the particular social and political status of children, namely: that they are dependent on others for their well-being, that childhood is a phase of particular vulnerability and that (young) children lack certain competencies that are needed to enforce their claims. (shrink)