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What rights (if any) do children have

In David Archard & Colin M. Macleod (eds.), The Moral and Political Status of Children. Oxford University Press. pp. 31--52 (2002)

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  1. Capacity, claims and children's rights.Mhairi Cowden - 2012 - Contemporary Political Theory 11 (4):362-380.
    Children are often denied rights on the basis of their incompetence. A theory of rights for children is essential for consideration of the child's political status, yet the debate surrounding children's rights has been characterised by the divisive concept of ‘capacity’ typified in the two leading rights theory, Interest Theory and Will Theory. This article will provide a thorough analysis of the relationship between capacity, competence and rights. Although Interest Theory has successfully dealt with the competence requirement for being a (...)
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  • Justice for Children: Autonomy Development and the State.Harry Adams - 2008 - State University of New York Press.
  • The Nature of Nurture: Poverty, Father Absence and Gender Equality.Alison E. Denham - 2019 - In Nicolás Brando & Gottfried Schweiger (eds.), Philosophy and Child Poverty: Reflections on the Ethics and Politics of Poor Children and Their Families. Springer. pp. 163-188.
    Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...)
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  • Educating the Reasonable: Political Liberalism and Public Education.Frodo Podschwadek - 2021 - Springer.
    Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...)
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  • How bad can a good enough parent be?Liam Shields - 2016 - Canadian Journal of Philosophy 46 (2):163-182.
    Almost everyone accepts that parents must provide a good enough upbringing in order to retain custodial rights over children, but little has been said about how that level should be set. In this paper, I examine ways of specifying a good enough upbringing. I argue that the two dominant ways of setting this level, the Best Interests and Abuse and Neglect Views, are mistaken. I defend the Dual Comparative View, which holds that an upbringing is good enough when shortfalls from (...)
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  • Can Culture Justify Infant Circumcision?Eldar Sarajlic - 2014 - Res Publica 20 (4):327-343.
    The paper addresses arguments in the recent philosophical and bioethical literature claiming that social and cultural benefits can justify non-therapeutic male infant circumcision. It rejects these claims by referring to the open future argument, according to which infant circumcision is morally unjustifiable because it violates the child’s right to an open future. The paper also addresses an important objection to the open future argument and examines the strength of the objection to refute the application of the argument to the circumcision (...)
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  • Rethinking the value of families.Yonathan Reshef - 2013 - Critical Review of International Social and Political Philosophy 16 (1):130-150.
    In the growing philosophical literature on the family and its value, the parents' fiduciary role often serves to explain why the family is valuable from a child-centred perspective. Recently it has been further argued that this fiduciary role also explains the distinctive value the family has for parents. By offering a critique of that argument, the paper advances an alternative parent-centred account of the value of the family. It points out the process in families whereby parents reproduce some of their (...)
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  • Wohlergehensverluste bei Kleinkindern durch den coronabedingten Wegfall der außerhäuslichen Betreuung. Eine kritische kinderethische Analyse der Betreuungsverbote und -einschränkungen.Monika Platz - 2020 - Zeitschrift für Praktische Philosophie 7 (2):359-384.
    In diesem Aufsatz vertrete ich die These, dass die Betreuungsverbote und einschränkungen für Kleinkinder, die im Zuge der Corona-Pandemie in Deutschland galten und immer noch gelten, in bestimmten Fällen zu signifikanten Verlusten des Wohlergehens von Kleinkindern führen. Dabei beziehe ich mich auf Kleinkinder, die in Strukturen leben, in denen die außerhäusliche Betreuung einen gewichtigen Beitrag zur Kinderbetreuung leistet. Ich werde dafür argumentieren, dass für diese Kinder der Wegfall der Kinderbetreuung bedeuten kann, dass gewichtige aktuelle immaterielle Wohlergehensinteressen nur noch teilweise oder (...)
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  • Relational Autonomy as a Way to Recognise and Enhance Children’s Capacity and Agency to be Participatory Research Actors.Janice McLaughlin - 2020 - Ethics and Social Welfare 14 (2):204-219.
    There has been a marked increase in the active involvement of children and young people in social research. This move is underpinned by rights based arguments that children and young people should have a voice, and that this voice should be listened to. However, concerns have been raised about the appropriateness of children’s and young people’s rights and participation in research. This is primarily due to queries over whether they have enough capacity to enact the individual agency required to be (...)
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  • Criminal Parental Responsibility: Blaming parents on the basis of their duty to control versus their duty to morally educate their children.Leonie Le Sage & Doret De Ruyter - 2008 - Educational Philosophy and Theory 40 (6):789-802.
    Several states in the United States of America and countries in Europe punish parents when their minor child commits a crime. When parents are being punished for the crimes committed by their children, it should be presumed that parents might be held responsible for the deeds of their children. This article addresses the question whether or not this presumption can be sustained. We argue that parents can be blamed for the crimes of their children, not because they have the duty (...)
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  • Criminal Parental Responsibility: Blaming parents on the basis of their duty to control versus their duty to morally educate their children.Doret De Ruyter Leonie Le Sage - 2008 - Educational Philosophy and Theory 40 (6):789-802.
    Several states in the United States of America and countries in Europe punish parents when their minor child commits a crime. When parents are being punished for the crimes committed by their children, it should be presumed that parents might be held responsible for the deeds of their children. This article addresses the question whether or not this presumption can be sustained. We argue that parents can be blamed for the crimes of their children, not because they have the duty (...)
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  • The quest for compliance in schools: unforeseen consequences.Joan F. Goodman & Emily Klim Uzun - 2013 - Ethics and Education 8 (1):3-17.
    This study investigates the reaction of high school students in an alternative urban secondary school to highly controlling, authoritarian practices. Premised on the published theories, we imagined that students would object to the regime and consider it unduly repressive. Student reactions were elicited through questionnaires and interviews. To our considerable surprise, most respondents approved of the authoritarian regime and disapproved of granting students more self-expression. Most have come to believe that they do not deserve freedom from pervasive rules, for they (...)
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  • Student agency: success, failure, and lessons learned.Joan F. Goodman & Nimet Suheyla Eren - 2013 - Ethics and Education 8 (2):123-139.
    Students in urban under-resourced schools are often disengaged from the curriculum. Distributing voice to them would seem an obvious counter to their alienation, allowing them to be co-constructors rather than objects of their education. Beyond being pragmatically sound, student agency is, arguably, a psychological and moral imperative. However, what is imperative is not necessarily doable as we illustrate in two student agency high school projects. We analyze the outcomes using four previously identified factors: school context, project scope, personal gratification, and (...)
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  • Vulnerability and Autonomy – Children and Adults.Johannes Giesinger - 2019 - Ethics and Social Welfare 13 (3):216-229.
  • Parental enhancement and symmetry of power in the parent–child relationship.Anca Gheaus - 2016 - Journal of Medical Ethics 42 (6):70-89.
    Many instances of parental enhancement are objectionable on egalitarian grounds because they unnecessarily amplify one kind of asymmetry of power between parents and children. Because children have full moral status, we ought to seek egalitarian relationships with them. Such relationships are compatible with asymmetries of power only to the extent to which the asymmetry is necessary for (1) advancing the child's level of advantage up to what justice requires or (2) instilling in the child morally required features. This is a (...)
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  • Making Room for Children's Autonomy: Maria Montessori's Case for Seeing Children's Incapacity for Autonomy as an External Failing.Patrick R. Frierson - 2016 - Journal of Philosophy of Education 50 (3):332-350.
    This article draws on Martha Nussbaum's distinction between basic, internal, and external capacities to better specify possible locations for children's ‘incapacity’ for autonomy. I then examine Maria Montessori's work on what she calls ‘normalization’, which involves a release of children's capacities for autonomy and self-governance made possible by being provided with the right kind of environment. Using Montessori, I argue that, in contrast to many ordinary and philosophical assumptions, children's incapacities for autonomy are best understood as consequences of an absence (...)
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  • Are Adults and Children One Another’s Moral Equals?Giacomo Floris - 2023 - The Journal of Ethics 27 (1):31-50.
    The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...)
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  • The State’s Duty to Ensure Children are Loved.Luara Ferracioli - 2014 - Journal of Ethics and Social Philosophy 8 (2):1-19.
    Do children have a right to be loved? An affirmative answer faces two immediate challenges: (i) a child's basic needs can be met without love, therefore a defence of such a right cannot appeal to the role of love in protecting children's most basic needs, and (ii) since love is non-voluntary, it seems that there cannot be a corresponding duty on the part of parents to love their child. In this essay, I defend an affirmative answer that overcomes both of (...)
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  • Citizenship for children: By soil, by blood, or by paternalism?Luara Ferracioli - 2018 - Philosophical Studies 175 (11):2859-2877.
    Do states have a right to exclude prospective immigrants as they see fit? According to statists the answer is a qualified yes. For these authors, self-determining political communities have a prima facie right to exclude, which can be overridden by the claims of vulnerable groups such as refugees and children born in the state’s territory. However, there is a concern in the literature that statists have not yet developed a theory that can protect children born in the territory from being (...)
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  • Parents' rights and the value of the family.Harry Brighouse & Adam Swift - 2006 - Ethics 117 (1):80-108.
  • Student Rights and the Special Characteristics of the School Environment in American Jurisprudence.J. C. Blokhuis - 2015 - Journal of Philosophy of Education 49 (1):65-85.
    In American jurisprudence, there can be no presumption of constitutional rights coextensive with those of adults for children in any institutional context. This includes public schools, in part because of the legal status of minors and in part because the ‘special characteristics of the school environment’ are predicated on a ‘custodial and tutelary’ relationship between teachers and pupils.
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  • On the margins: personhood and moral status in marginal cases of human rights.Helen Ryland - 2020 - Dissertation, University of Birmingham
    Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...)
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  • Children at the Borders.Josefsson Jonathan - 2016 - Dissertation, Linköping University
    In the wake of a steady flow of child migrants attempting to cross borders and states’ efforts to restrict immigration, various public controversies have arisen about the rights of asylum-seeking children. The ‘moral gap’ between the outcome of democratically enacted laws and the aim of controlling immigration, on the one hand, and public calls to protect the universal rights of asylum seeking children, on the other, have created a political challenge for Western democracies. This thesis sets out to examine two (...)
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