This is a book about parents, power, and children and, in particular, the legitimacy of parents' power over their children. It takes seriously the challenge posed by moral pluralism, and considers the role of both theoretical rationality and practical judgement in resolving moral dilemmas associated with parental power. The book first examines the prevailing view about parental power: a certain form of paternalism, justified treatment of those who lack the qualities of an agent, and one that does not generate moral conflicts. It proposes an alternative, pluralist view of paternalism before showing that even paternalism properly understood is of limited application when we evaluate parental power. According to the caretaker thesis, parental power makes up for the deficits in children's agency, and for that reason children should be subjected to standard institutional paternalism. The liberation thesis stands at the other end of the spectrum concerning children's rights. The book then addresses the counter-argument that issues of legitimacy arise in the political domain and not in respect of parent-child relations. It also examines the 'right to parent' and whether parents should be licensed, monitored, or trained children's voluntariness and competence, and the right to provide informed consent for medical treatment and research participation. Finally, the book talks about parents' efforts to share a way of life with their children and the State's efforts to shape the values of future citizens through civic education. The overall approach taken has much more in common with the problem-driven political philosophy.
The body of the child was placed within a familiar environment, rendered threatening by the new social, religious and moral meanings ascribed to it. In transposing the threat from the personal to the national, the literature rendered support for the child rescue movement a patriotic act. Rescue was thus constituted a 'wise and patriotic, as well as a benevolent act', providing the individual with 'self-respect' and the nation with a 'prosperous and productive' workforce in the future. Child rescuers developed a taxonomy of space in which geography determined destiny. The relationship drawn between the nation and the child enabled child rescuers to articulate a new concept of children's rights, creating a direct claim to citizenship which bypassed the property rights of the parent. The work begun by Dr Barnardo, Thomas Bowman Stephenson, Edward de Montjoie Rudolf and Benjamin Waugh was now recognised as essential for national survival.
A new dimension of genocidal rape and its children
This chapter discusses some of the key facts around gender-based violence (GBV) in the Yugoslav wars. The Bosnian conflict was the first conflict with widespread use of GBV and forced impregnation alerting the world to rape as a weapon of war. The chapter explores a specific aspect of the child born of war (CBOW) discourse, namely that of children's rights within the context of the wider human rights issues affecting the children's immediate environment. The Balkan Wars were the first conflict that took place after the signing of the Convention on the Rights of the Child (CRC). All principles of the CRC can come into conflict with the local and regional cultural practices, and some such practices 'command even more legitimacy than the universal standards for the protection of children'.
Refiguring childhood stages a series of encounters with biosocial power, which is a specific zone of intensity within the more encompassing arena of biopower and biopolitics. Assembled at the intersection of thought and practice, biosocial power attempts to bring envisioned futures into the present, taking hold of life in the form of childhood, thereby bridging being and becoming while also shaping the power relations that encapsulate the social and cultural world(s) of adults and children. Taking up a critical perspective which is attentive to the contingency of childhoods – the ways in which particular childhoods are constituted and configured – the method used in the book is a transversal genealogy that moves between past and present while also crossing a series of discourses and practices framed by children’s rights (the right to play), citizenship, health, disadvantage and entrepreneurship education. The overarching analysis converges on contemporary neoliberal enterprise culture, which is approached as a conjuncture that helps to explain, and also to trouble, the growing emphasis on the agency and rights of children. It is against the backdrop of this problematic that the book makes its case for refiguring childhood. Focusing on the how, where and when of biosocial power, Refiguring childhood will appeal to researchers and students interested in examining the relationship between power and childhood through the lens of social and political theory, sociology, cultural studies, history and geography.
Children's Citizenship: Negotiating Structure, Shaping Meanings .”
International Journal of Children's Rights 22 : 21–42 .
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Joseph Carens’ Theory of Social Membership and Open
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Bennett , Jane .
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: 343). Since the end of the Cold War, for example, the UN has embraced liberal norms around democracy and human rights (Paris 2004 : 35). In addition to respecting the core peacekeeping norms of impartiality, consent, and the non-use of force except in self-defence, blue helmets are supposed to uphold cross-cutting thematic norms like gender equality, children's rights, and the protection of civilians (PoC) (UN DPKO 2008 : 16). It makes sense, then, that peacekeeping scholars frequently use the constructivist toolbox to analyse the form, function, and activities of
The UK’s response to children during the refugee crisis
asylum-seeking children has been a key area of contention in asylum debates in the UK, while the growth of a children's rights discourse has simultaneously enabled campaigns to centre on the welfare of children in asylum policy (Sirriyeh, 2014 ). The Children Act 2004 established a duty on state agencies in the UK to safeguard and promote the welfare of children, drawing on notions of children as inherently vulnerable. However, this duty excluded children in immigration detention centres since, although the UK ratified the CRC in 1991, until 2008 it held a reservation
the law of 11 July 1966
that gave adopted childrenrights that are identical to those of biological
Adoption for transmission
children; Georges Pompidou advocated this reform and (like Napoleon I)
was an adopter. The law of 11 July 1966 introduced to the Civil Code the
terminology for the two distinct modes of adoption: l’adoption plénière
and l’adoption simple.80
The purpose of l’adoption plénière is to give the adoptee the same
relationship in law with the adopters that a legitimate child has with
their parents. In other words this mode of adoption
From Eastern enlargement to the Lisbon Treaty and beyond
, Brussels, COM(2010) 636 final, 15.11.2010.
12 Some of the sections here have been published in Iusmen, I. (2013b) ‘The EU
and International Adoptions from Romania’, International Journal of Law, Policy
and the Family, 27(1), 1–27.
13 Author’s interview with Commission officials in DG Enlargement, Brussels, May
2008, July 2011.
14 Available at www.coe.int/t/dc/files/themes/childrens_rights/Declarationcommune
15 Comparative study relating to procedures for adoption among the Member States
of the European Union, practical difficulties encountered in this
most famous was arguably Raden Ajeng Kartini (1879–1904), a present-day Indonesian national hero for her advocacy of women's and children's rights. She was only a year older than Wilhelmina, and reputedly contributed to the crafting of some dolls. She also posed for a photograph with her sisters in a batik demonstration that was meant to show the queen how costumes were made for real people.
Rather than wear full-size costumes, then, the queen was given miniature