Do Children Have Rights?
Contents
Do Children Have Rights?
Children’s rights are a complex issue. On one hand, children are dependent on adults for their care and protection. But on the other hand, children are individual human beings with their own interests and developing ability to make choices. So how do we balance these factors and determine what rights children should have? There’s no simple answer, but let’s look at some of the key considerations.
Children’s Limited Capacity
One of the main arguments against extensive children’s rights is that children have limited capacity to make major decisions. Their brains are still developing, and they lack life experience and judgment. For example, young kids can’t:
- Fully understand the consequences of their choices
- Anticipate future needs and goals
- Weigh risks appropriately
This is why we restrict certain rights for minors, like voting, driving, smoking, drinking, and consenting to sex. Kids just aren’t ready.As philosopher David Archard explains, “Children will lack the competence, judgement and self-restraint of adults. This entails that they cannot be granted the same rights as adults.”However, capacity exists on a spectrum. Infants are entirely dependent, but as kids grow older they gain skills and maturity. So rights can be granted gradually as competence increases.By around 15-18, adolescents develop abilities similar to adults in terms of reasoning, risk-taking, and processing emotions and social information. At this point, many rights are extended.So children’s rights must balance their evolving capacity against a need for protection.
Best Interests Principle
Since kids can’t always make sound choices, adults are responsible for protecting their safety and well-being. This is known as the “best interests principle.” Parents and the state act as guardians charged with making decisions in a child’s best interests.For example, parents may restrict a 12 year old from watching mature movies, or authorities won’t let a child drop out of school, because these choices could be harmful. Kids don’t always know what’s best for them.But critics argue that the best interests principle is paternalistic and gives adults too much power over children’s lives. And biases can influence determinations of “best interests.”So while adults should provide guidance, respecting children’s autonomy is also important as they mature. Finding the right balance is key.
Children as Individuals with Rights
In recent decades, there’s been a shift toward recognizing children as individuals with human rights, not just as passive dependents.The United Nations Convention on the Rights of the Child (CRC), adopted in 1989, enshrines civil, political, economic, social and cultural rights for children. It reflects a changing perspective on children as people worthy of dignity and self-determination.The CRC establishes rights including:
- Freedom of expression
- Access to information
- Privacy
- Participation in decisions affecting them
- Protection from abuse and exploitation
The CRC balances these rights with the need for guidance from parents and guardians.Overall, it aims to give children an active voice while also protecting their well-being as vulnerable individuals. The CRC has been widely adopted, demonstrating broad international consensus on extending human rights to children.
Evolving Capacities and Supported Autonomy
In recent years, some ethicists have promoted a “supported autonomy” model. This acknowledges children’s evolving capacities and aims to support their developing ability for self-determination.As bioethicist Laura Purdy explains, “Even young children have views about their own welfare. And as children grow and develop, their capacities expand.”Rather than making decisions unilaterally on their behalf, parents and other adults should provide guidance and support to help children exercise their rights and make choices appropriate to their maturity level.Purdy gives the example of a 4 year old choosing her clothes. The parent provides options suitable for the weather and occasion, explains the pros and cons, and lets the child decide from there. The parent supports the child’s autonomy within reasonable constraints.This approach aims to nurture self-determination skills so children can gradually take charge of their own lives. It balances the need for protection with respect for emerging autonomy.
Case Study: Medical Decision Making
Medical decision making highlights the tensions between parental authority, evolving capacities, and children’s rights.On one hand, minors are considered incompetent to provide informed consent. Parents are empowered to make medical choices based on the child’s best interests.But situations arise where the child’s wishes conflict with the parents’ judgement. For example, a mature teenager may refuse life-sustaining treatment, while parents want to continue. Whose wishes prevail?Laws on consent and refusal of treatment vary. Some health care ethics approaches aim to balance parental responsibility with children’s developing autonomy.For minor medical decisions, young children’s wishes may be considered based on their maturity. For major decisions, adolescents’ views gain more weight, though parents often retain authority.Overall, there’s a gradual shift from parental control toward supported autonomy as children gain competence. This nuanced approach aims to serve both well-being and emerging self-determination.
Participation Rights
Another issue is children’s right to have a voice in institutions and decisions affecting them. The CRC upholds children’s right to express their views freely and participate in matters affecting their lives.However, kids often have little power within schools, courts, hospitals and other institutions. There are calls for mechanisms to empower children’s participation, like student councils, youth advisory panels, and appointing child advocates.Enabling children to voice their perspectives, values and concerns is important for both self-determination and the just functioning of institutions. But participation rights must also consider children’s vulnerability.Overall, children’s rights require balancing evolving capacities, well-being, and autonomy. There are no easy answers, only continuing efforts to define rights that serve children’s multidimensional needs. By supporting their development, while also providing appropriate direction and protection, we can help children thrive both today and as the adults of tomorrow.