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Writer's pictureDr Nicolas Brando

Not Just for Kids: A Critical Analysis of Liberal Theories of Children’s Rights

Updated: Apr 18, 2024




In this post, I want to introduce the main issues and claims made in my forthcoming monograph Childhood in Liberal Theory: Equality, Difference and Children’s Rights (Oxford University Press, forthcoming).

 

Children hold a unique position within society, often perceived as different from adults and subjected to differential treatment in various spheres of life. But should this differential treatment be justified? Are children fundamentally different from adults in a way that justifies their distinct treatment under the law? These are the questions at the heart of Childhood in Liberal Theory, a philosophical exploration of childhood within the context of liberal theory.

 

Despite the growth of philosophical research on childhood and children’s rights during the last decades, a systematic study on the moral and political status of children in liberal political theory is absent. Childhood in Liberal Theory fills this gap, and offers a novel look at the concept of ‘childhood’ and children’s rights within the tradition of liberal theories of justice. It proposes an ambitious deconstruction of the concept of ‘childhood’, and an Adaptive model of children’s rights as the most apt way of including children within liberal discourses on justice.

 

Structure


The book is structured into three parts, each addressing key aspects of childhood within liberal theory.

 

Defining Childhood: The first part critically examines existing conceptions of ‘childhood’, highlighting its moral relevance and normative implications. An Adaptive Model is proposed as an alternative understanding of ‘childhood’ that considers individuals' unique circumstances and social categorisation.

Grounding Children's Rights: Here, the focus shifts from ‘childhood’ as a concept to the theoretical foundations of children's rights. The Adaptive Model informs discussions on the justification for children's rights, proposing a capability-based conception of right-holding consistent with liberal equality.

Applying the Adaptive Model: The final part operationalises the theoretical framework by assessing its applicability to real-world issues. Through discussions with young people and analysis of controversial topics such as children's right to work and vote, the book explores the justifiability of restricting certain rights and freedoms to children.

 

Deconstructing ‘Childhood’


Have you ever considered the weight of being labelled a ‘child’ in a world where age determines how others perceive and treat you? From infancy to adolescence, the societal construct of childhood casts a shadow on every aspect of a young person's life. It dictates not only how they are viewed by others but also the extent of their agency and autonomy. From societal perceptions to legal and political treatment, being categorised as a ‘child’ often means being seen as different from the ‘standard’ adult human. This differentiation raises critical questions about justice: Should children be subjected to different laws and regulations simply because of their age? Does such differentiation align with the principles of equality and freedom that liberal theories of justice espouse?

 

The first aim of this book is to problematise our assumptions about what ‘childhood’ is, and how this affects those categorised under that term. It delves into the multifaceted nature of childhood, unpacking the assumptions, biases, and expectations that come with this categorisation. I aim to examine how societal norms, how we understand social concepts, and how we make practical use of them shapes the lived experiences of children, influencing everything from their access to resources to their legal rights and responsibilities.

 

Children in the Liberal Tradition


Central to my exploration is a critical analysis of liberal theories of childhood, refracted through the lens of what I label an Adaptive Model. Traditionally, liberal perspectives have grappled with how to reconcile the inherent differences between children and adults within the framework of equality and freedom. These perspectives often fall short of fully capturing the nuanced realities of childhood.

 

The Standard Liberal approach typically justifies differential treatment of children by emphasising their perceived vulnerability and developmental needs. While acknowledging the importance of protecting children and fostering their autonomy, this perspective tends to essentialise childhood as a static stage of dependency. In contrast, the Liberationist perspective challenges the dichotomy between childhood and adulthood, advocating for equal treatment and recognition of children's agency. However, the Liberationist’s emphasis on equality fails to account for the diverse needs and interests that stem from vulnerability, development and children’s embeddedness in specific cultural and social contexts.

 

Enter the Adaptive Model—a holistic framework that seeks to transcend traditional dichotomies by embracing the dynamic nature of childhood. At its core, the Adaptive Model acknowledges that childhood is not a monolithic experience but rather a continuum shaped by a myriad of factors, including socio-cultural contexts, individual capacities, and developmental trajectories. By adopting the Adaptive Model, we can move beyond simplistic categorisations of children as inherently different from adults and instead recognise them as unique individuals with diverse needs, interests and capabilities. This model encourages a shift from age-based distinctions to a more nuanced understanding of the human condition, taking into account diverse capacities, vulnerabilities, and agency.

 

Through the lens of the Adaptive Model, the book aims to reframe the conversation around children's rights within the context of liberal theory. Rather than treating children as passive recipients of protection (as Standard Liberals) or as miniature adults (as Liberationists), we can approach them as active agents in the construction of their own lives. By critically engaging with existing perspectives and proposing a more nuanced framework, the book aims to contribute to a more inclusive and equitable understanding of childhood—one that honours the complexity and diversity of children's agency and life worlds while upholding the principles of liberal justice.

 

Methodological Framework


At the heart of my inquiry lies a rigorous methodological framework that guides the philosophical exploration of childhood within the context of liberal theory. While its core methodological tools come from the philosophical tradition, it aims to bring novel insights into the philosophy of childhood and children’s rights through a more interdisciplinary engagement with the literature on children’s rights, drawing upon insights from feminist theory, sociology, and critical legal theory.

 

Reflective Method: Central to the methodology is the Reflective Method—a philosophical approach to political and legal analysis that aims at achieving coherence and consistency between moral judgments and principles of justice. Rooted in the philosophical tradition of reflective equilibrium, this method challenges us to critically examine our intuitions about justice and assess their compatibility with broader principles of equality and freedom.

 

Imagine the Reflective Method as a journey of self-discovery, where we interrogate our moral intuitions and beliefs in light of foundational principles of liberal justice. By subjecting our judgments to critical scrutiny, we strive to achieve a state of reflective equilibrium—a harmonious balance between our particular judgements and our general principles of justice (in this case, equality and freedom).

 

Through the Reflective Method, I explore the moral relevance of childhood and its implications for theories of justice. It interrogates existing conceptions of childhood, critically assessing their alignment with liberal principles of equality and freedom. By engaging in this reflective task, the book aims to refine our understanding of childhood and its relationship to justice, ensuring that the theoretical framework is grounded in sound moral reasoning.

 

Social Constructivism: Complementing the Reflective Method is the lens of social constructivism, which recognises that our understanding of childhood is not solely determined by inherent biological or developmental factors but shaped by social, cultural, and historical contexts. This perspective encourages us to critically examine the ways in which societal norms, power dynamics, and cultural beliefs shape our perceptions of childhood and influence the treatment of children within society and as right holders.

 

By incorporating insights from social constructivism, the book aims to provide a deeper understanding of the social and cultural factors that shape our understanding of childhood and children’s rights, and its implications for justice. It asks from us to interrogate the discursive practices that construct and reinforce the boundaries and expectations associated with childhood and children’s rights, shedding light on the complex interplay between societal structures and individual experiences.

 

Conclusion


Childhood in Liberal Theory aims to offer a comprehensive and insightful analysis of childhood and children’s rights within the philosophical tradition of liberal theories of justice. By challenging existing conceptions and proposing an alternative framework grounded in principles of equality and freedom, the book provides a foundation for redefining justice for children.







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