Overview of major theories that underpin the position of children’s rights
It is important to understand the theories on children’s rights. The Child liberation theory originated from the United States of America, The Child protectionist theory started in Europe and the Child liberal paternalist theory is a hybrid theory developed by scholars in the western world. It attempts to balance the child liberationist and the child protectionist theory.
Child liberationist theory States that the vulnerable and helpless image
ascribed to children does not represent their true nature. As such, the concept
of childhood is a social construct that dismisses the perception that
childishness is a biological trait. This theory speaks to the reinvention of
one’s understanding of children and their emancipation from this helpless
state.
Children
are viewed at the same footing as adults and as a consequence, they enjoy the
same rights like adults. According to the
liberationist, ‘the segregation of children and the denial from them of adult
rights, such as the rights to travel, work, own property, Privacy, confidentiality,
information, association, sexual expression, vote, and take control their own sexual and reproductive lives,
inhibited the child’s right to self-determination or to make choices as to how
to live his or her own life’. This speaks to the default enjoyment of rights
like equality, that accords them a level of participation. This is an
indication that one cannot look at children from a futurist perspective where
they are considered as adults and as such they possess equal rights. The
children liberationist theory considers childhood as a social invention that
leads to oppressive and unwarranted discrimination that excludes children from
the adult world.
Child
protectionists’ theory on the other hand, reiterates the differences that exist between
children and adults in the context that they are not yet adults. The
differences between children and adults inform the status of the child. The
protectionists view childhood as a natural state that is characterized by both
physical and psychological immaturity and vulnerability. It is argued that the
dependency of the child is used as the reason to emphasize the need for
protection, and to reiterate adults as duty holders with obligations to ensure
that they fulfil the enjoyment of the rights of the child e.g Clean water, food,
health, shelter, medicine, healthcare, education. The
theorists perceive further that an attempt to treat children as equal to adults
is catastrophic as it requires them to bear of responsibilities beyond their
capacities.
Liberal paternalist theory balances the position of the liberalists and
the protectionists. To this end, while the views of adults are acknowledged,
the position of the children is ascertained on a case by case basis especially
where the capacities of the children have evolved. The difference between
children and adults is ascertained on a case-by-case basis, particularly with
older children. Difference-centred theorists liberate theorizations from these
dichotomies by providing a space where childhood is acknowledged as being an
important stage in life without reference to adulthood. The debate between
child protection and child liberation has been recognised in the formulation of
children’s rights as welfare rights – rights to protection– on the one hand,
and liberty rights – rights to participation – on the other. Welfare rights
have been considered to be concerned with the protection of children, whereas
liberty rights have been described as being geared towards a child’s
self-determination.
An
exclusive application of one or the other approach on matters children’s rights
may lead to unintended and contradictory results.
Protection Rights Vs Autonomous Rights
It is worthwhile to stress the need to recognize the status of the child as a rights holder. Children clearly have legal rights, but there is a difference between rights of protection and rights of choice.
First,
let us consider child dependency vs. child autonomy. A “dependent” child depends
on parents or others to meet the child’s basic needs, because the child
isn’t capable of meeting those needs all by himself or herself. Usually, the
younger a child is, the more dependent that child is on parental support. The
term “autonomous” means independent, or free from being controlled by
other people. An “autonomous” child is free from parental control, because the
child is presumed to be capable of meeting his or her own needs.
“Protection rights” of this kind for children do not depend on the child’s being a certain age or having achieved any minimum level of capacity. These rights include such safeguards as rights to property, rights to physical care and security, protection from abuse, and rights to procedural due process.
“Choice rights,” on the other hand, grant individuals the authority to make their own legally binding decisions such as voting, marrying, making contracts, exercising religious preferences, or choosing whether and how to be educated. The Minority status does not discriminate against children on the contrary, it “protects” children and society from the long-term consequences of a child’s immature choices. It also protects children from being exploited by those who might take advantage of their unique vulnerability. To confer prematurely the full range of choice rights on children would ironically remove the protection and the guidance they need in order to develop the mature capacity required to make informed meaningful choices.
Be aware of the Sexual Rights Activists who claim that children have a right to Sex, Comprehensive Sexuality Education, Contraceptives et.c
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