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Chapter
The wrongs of children's rights
DOI link for The wrongs of children's rights
The wrongs of children's rights book
The wrongs of children's rights
DOI link for The wrongs of children's rights
The wrongs of children's rights book
ABSTRACT
Child liberationists insist that the emancipation of children requires granting them rights of self-determination. Defenders of the 'caretaker thesis' urge that a child's interests are served by a denial of the rights of self-determination and the exercise on the child's behalf by a caretaker. This chapter discusses the presumed contrast between an atomistic and communitarian ideal of society. The hegemony of rights discourse is subjected to criticism from a variety of angles and sources. Three further strands of criticism relevant to the case of children are: rights talk has a certain all-or-nothing character which exacerbate the modern tendency to keep the worlds of adulthood and childhood separate; rights talk is morally impoverished and neglects an alternative ethical view of the world, in which the affectionate, caring interdependence which ideally characterises the parent-child relationship assumes an exemplary significance. Ascribing rights to children rests on a misunderstanding both of rights and of the nature of childhood.