Children's Rights

Recently the UK and many US states have brought in policies and laws that limit or entirely prevent trans adults and/or trans youth’s access to gender-affirming healthcare. These restrictions on trans access to gender-affirming healthcare are justified on paternalistic grounds, that is, on the basis of the benefits to trans youth and trans adults of these restrictions. This paper argues that a state cannot permissibly limit trans people’s access to gender-affirming healthcare on paternalistic grounds. First, the paper constructs and defends (...) a weak anti-paternalist principle (§2). Second, the paper argues that paternalistic restrictions on trans adults accessing gender-affirming healthcare that have been implemented in Florida, Missouri, and the UK fall afoul of this weak anti-paternalist principle (§3- 5). Finally, the paper discusses the bans on trans teenagers accessing puberty blockers that have been implemented by 25 US states and the UK. It argues that the combination of (a) extant accounts of when paternalistic restrictions on teenagers accessing X can be justified even though restrictions on adults accessing X cannot be justified and (b) the argument made in the rest of the paper implies that these paternalistic bans on trans teenagers accessing puberty blockers are impermissible. (shrink)

In Swedish schools, the so-called ‘Participation Model’ is used to observe and analyse participation, with the intention of supporting an inclusive learning environment. While this model is widely promoted by government agencies, its theoretical alignment to the concept(s) of inclusion is not established. This article therefore compares and maps the six aspects of participation within the Participation Model (i.e. belonging, accessibility, interaction, autonomy, involvement and acceptance) with a hierarchically ordered set of commonly occuring definitions of inclusive education (ranging from the (...) lowest level, placement, to the highest, community). The Participation Model was found to provide necessary and sufficient conditions for the lower levels of inclusion, as well as necessary conditions for the higher levels of inclusion. However, we show that the model suffers from construct underrepresentation and outline a few possible solutions intended to increase the theoretical alignment between the Participation Model and the higher levels of inclusive education. Finally, we suggest directions for further research. (shrink)

Numerous arguments concerning harms to animals, the environment, and children plausibly establish a defeasible moral duty to avoid training and encouraging kids to regularly eat animal products – practices we call ‘carnist caregiving’. Yet existing social structures make avoiding carnist caregiving unreasonably difficult or unthinkable for many caregivers. We argue that these caregivers are unjustly induced and/or pressured into carnist caregiving. For social structures are unjust when they make it unreasonably difficult for caregivers to avoid wronging dependent children. So justice (...) requires reforming the social structures, like school meal programs, that systematically prevent caregivers from providing plant-based caregiving for kids. (shrink)

In this article, I offer a child-centred account of the value of company-keeping relationships between children and adults. These are relationships enjoyed by a child and an adult who is neither a mere acquaintance nor integrally involved in that child's care or upbringing. The adult party might, for example, be a visiting grandparent, a neighbour the child likes to help with gardening, or a ‘fun auntie’ who occasionally babysits. After defining company-keeping relationships, I argue that their child-centred value varies significantly (...) across contexts depending on how the adult party relates to the child and on the needs of the particular child. In some contexts, they promote the child's capacity for independent agency and mitigate undue shame. When these goods arise, it is not despite but because of the fact that the adult party is an outsider to routine family life and is not responsible for the child's ‘training’. I then investigate whether such relationships should be protected or promoted to respect children's rights of association. While I conclude that most company-keeping relationships are excluded from these rights, I defend the more modest view that a child can be morally wronged by a parent who severs or prevents them from forming company-keeping relationships. (shrink)

In this paper, I argue that respecting a child’s autonomy requires feeding them a plant-based diet, at least until they develop the capacity to formulate their own judgments about the morality of animal consumption. Drawing on the independence view of autonomy, I begin with the premise that a child’s autonomy is violated when their parents enrol them into particular moral, religious, or philosophical doctrines before they are capable of independently examining those doctrines. I then argue that feeding children animal products (...) constitutes such a violation, as it presupposes a contested view about the morality of animal consumption and involves forcing children to participate in a practice that is based on that view. (shrink)

There is wide agreement that children have human rights, and that their human rights differ from those of adults. What explains this difference which is, at least at first glance, puzzling, given that human rights are meant to be universal? The puzzle can be dispelled by identifying what unites children’s and adults’ rights as human rights. Here I seek to answer the question of children’s human rights – that is, rights they have merely in virtue of being human and of (...) being children – by exploring how children’s interests are different from adults’, and how respect for children’s and adults’ moral status yields different practical requirements. If human rights protect interests, then children have many, but not all, of the human rights of adults, and, in addition, have some human rights that adults lack. I discuss the way in which children’s human rights, as I conceive of them here are, or fail to be, reflected in the law; as an illustration, I use the most important legal document listing children’s rights, namely the 1990 United Nations Convention on the Rights of the Child. (shrink)

This paper argues that child participation cannot be reduced to the formal act of lending an ear to the child. In family, educational, religious, administrative, and judicial settings, a child may be heard while still being mispositioned, exposed to relational risk, filtered through adult scripts, or left without reasons, safeguards, or repair. The paper reframes child-friendly justice as a problem of responsive equality: institutions must create a protected position from which the child's voice can become safe, intelligible, consequential, and reviewable. (...) Article 12 of the United Nations Convention on the Rights of the Child (CRC) supplies the route into the process, a route that becomes legally meaningful when joined to the best-interests discipline of CRC Article 3: due weight, feedback, reasoned judgment, competent roles, risk-sensitive procedure, and accountable review. The argument moves beyond a court-centered model by treating schools, families, community authorities, and administrative bodies as child-affecting institutional fields. It shows that participation can reproduce harm when disclosure is forced, repeated, mediated by the wrong actor, or treated as a performance of maturity and agreement. The proposed alternative is a scaled model of justice: minimum procedural floors, standard safeguarding infrastructure, and intensified protection where vulnerability, dependence, conflict, or institutional opacity require them. The paper closes with an operational test for whether hearing has become responsive equality: whether the institution safely positioned the child, responded to resistance, distinguished lived participation from appearance, assigned accountable safeguards, preserved future capacities, and carried the adult burden of repair. A child-friendly decision is thus not one that merely closes a case, but one that preserves, as far as safety allows, the child's dignity, trust, relational capacity, future agency, and access to repair. (shrink)

We owe young people special moral consideration in virtue of their developmental immaturity: we must not foreclose their futures by impeding the development of capacities they need for autonomous agency. I argue that providing children with extreme cognitive assistance—help that is ubiquitously available, very domain-general, and largely substitutive of their own cognitive effort—violates this obligation. When children routinely rely on such assistance, they systematically fail to exercise core regulatory skills (inhibitory control, working memory, cognitive flexibility, and planning), and capacities that (...) go unexercised predictably fail to develop normally. This matters urgently: building artificial systems capable of providing exactly this kind of assistance to children is the explicit, stated goal of the world's largest technology companies, who are investing hundreds of billions of dollars toward achieving this aim. Worse, they may already have succeeded: cognitive assistance need not be maximally substitutive, available, and domain-general to impede development. I conclude by considering whether compensating demand for cognitive exercise might arise elsewhere and argue that the prospects are dim. (shrink)

The topics of refugee protection and family migration have both received significant attention in the philosophical literature. However, until recently, issues at the intersection of these two subjects were rarely discussed. In this entry, we outline and explore some of the most important questions concerning these issues of refugee family unity, separation, and reunification, considering what obligations (if any) states might have to respect and protect the value of family life for refugees in light of the different sorts of situations (...) refugees may be in. In particular, we consider how the family unification rights of resettlement refugees may differ from the rights of first-asylum refugees, and how these issues might be complicated when unaccompanied minors are involved. Along the way, we discuss a number of related questions, such as: why should states respect and protect the unity of refugees’ families? which family members do refugees have rights to reunite with? and, how much weight should the importance of family life have in non-ideal circumstances when places for refugees in safe states are scarce? (shrink)

Liberal K-12 education faces a predicament. It seeks to promote children’s personal autonomy. Yet this aim faces the problem that autonomy is usually conceived as an adult capacity, not something children can meaningfully exercise. K-12 education therefore often focuses on preparing children for autonomous adulthood, but these strategies for cultivating adult autonomy paradoxically risk undermining children’s present-day identities and values. This dissertation seeks a way out of these pitfalls by rethinking autonomy from the ground up. It distinguishes two complementary forms: (...) autonomy-as-independence and autonomy-as-individuality. Autonomy-as-independence captures the day-to-day capacity for responsibility and liability, but it is not the most fitting lens for K-12 education. Autonomy-as-individuality, by contrast, is understood as a form of self-governance shaped by a narrative identity and oriented toward harmony across one’s commitments. This conception provides a more suitable foundation for developing a liberal framework for education: one that respects pluralism while also promoting autonomy for children as present learners and pending adults. This dissertation develops a framework for an autonomy-as-individuality enhancing education that draws on Diana Meyers’ relational account of autonomy, Joseph Raz’s teleological model of authority, and John Rawls’ conception of moral personhood. Together, these resources yield a liberal, autonomy-promoting theory of education that is both pluralist and neutral when promoting students’ future capacities, while still affirming the justice-relevance of children’s lives as learners. (shrink)

We argue that individual and institutional caregivers have a defeasible moral duty to provide dependent children with plant-based diets and related education. Notably, our three arguments for this claim do not presuppose any general duty of veganism. Instead, they are grounded in widely shared beliefs about children’s interests and caregivers’ responsibilities, as well as recent empirical research relevant to children’s moral development, autonomy development, and physical health. Together, these arguments constitute a strong cumulative case against inculcating in children the dietary (...) practice of regularly eating meat (and other animal products) — a practice we call ‘carnism’. (shrink)

What would the institution of the family look like, if it were reformed according to republican desiderata? Would it even survive such re-shaping?

Surrogacy involves a private agreement whereby a woman who gestates a child attempts to surrender her (putative) moral right to become the parent of that child such that another person (or persons), of the woman’s choice, can acquire it. Since people lack the normative power to privately transfer custody, attempts to do so are illegitimate, and the law should reflect this fact.

John Tillson argues, on grounds of children’s well-being, that it is impermissible to teach them religious views. I defend a practice of pluralistically advocating religious views to children. As long as there are no monopolies of influence over children, and as long as advocates do not use coercion, deceit, or manipulation, children can greatly benefit without having their rational abilities subverted, or incurring undue risk to form false beliefs. This solution should counter, to some extent, both perfectionist and antiperfectionist reasons (...) against initiating children into religions. (shrink)

Este trabajo titulado " El Deber de Adoptar y los Derechos de la niñez en Chile" será incluido en el Volumen 24. Número 86(2024) de Revista Iberoamericana en la sección Foro de Debate denominada “Infancias Latinoamericanas: desafíos para la garantía de derechos en la región".

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological progeny. (...) I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

I argue against the queer adoption right of children and propose this contention via the Disrespectful Adoption Argument.

This paper explains alternative views about the nature and value of childhood, and how particular conceptions of childhood matter to a practical issue relevant to the topic of the book: children's voting rights. I don't defend any particular view on this matter; rather, I explain how recent accounts of what is uniquely good or bad about being a child bear on arguments for and against enfranchising children. I also explain why children who live in a society in which many adults (...) fail to comply with their duties of intergenerational justice have a weightier interest in voting, and hence why the case for children's enfranchisement is stronger in such cases. (shrink)

In diesem Beitrag möchte ich Argumente für zwei Thesen vorbringen. Erstens möchte ich darlegen, dass der Ausschluss vom Wahlrecht durch eine Altersgrenze rechtfertigungsbedürftig ist. Zweitens werde ich argumentieren, dass es keine hinreichende Rechtfertigung für diesen Ausschluss gibt. Wenn beide Behauptungen richtig sind, dann folgt, dass wir die Altersgrenze beim Wahlrecht abschaffen sollten. Meiner Auffassung nach reicht es also nicht, dass wir das Wahlalter von 18 auf ein geringeres Alter wie 16 oder 14 herabsetzen, wie häufig gefordert wird. Vielmehr sollte jeder (...) Mensch unabhängig von seinem Alter die Möglichkeit bekommen, sich selbstständig als Erstwähler zu registrieren und dann auch wählen zu gehen. (shrink)

When we raise children what we are typically aiming for is a kind of flourishing; we want children to live well as children, and to grow to become adults who live well too. Undoubtedly, part of what we are aiming for when we aim for a child’s flourishing is that they meet their developmental milestones well, and that they succeed among their peers. We are also generally interested in how a child regards themselves; we want children to believe that they (...) have value, and that what they care about has value too. We also typically want children to have an appreciation for their relative value among others; that they are important among many other important beings, and we want them to act well in that knowledge. Of course, not all persons who raise children aim for those ends. Some do not care for how a child conceives of themselves, or whether the child flourishes at all. Others care for their children, and how they conceive of themselves, but aim poorly. As result, some children come to believe that they only deserve love and kindness when they succeed at meeting a caregiver’s ends. Some children come to believe that they have no worth at all. And yet other children, rather than believing they are unworthy, come to regard themselves as of superior worth; as children, for example, who bully and sneer at other children for being a different race, a different class, gender, ability, etc. may. When a child comes to understand themselves in these terms, we typically see it at best as morally problematic, and at worst as a tragedy. Despite our interest in children’s self-conceptions, and the vast literature on how to conceive of and regard children, there is relatively little regarding how children should conceive of and regard themselves. In order to explain how children should conceive of themselves it is my contention that a new account of self-respect is needed for the context of childhood; one that is responsive to the moral value of children, as well as their developmental capacities to recognize that value. Given that developmental psychology is complex and subject to significant variation as children develop, my aim in this paper is to offer a snapshot of what I take self-respect to amount to in early childhood. In particular, I focus on an account fitting for children between three to six years of age. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

This article brings into relief two desiderata in childrearing, the importance of which the pandemic has made clearer than ever. The first is to ensure that, in schools as well as outside them, children have ample opportunities to enjoy goods that are particular to childhood: unstructured time, to be spent playing with other children, discovering the world in company or alone, or indeed pursuing any of the creative activities that make children happy and help them learn. I refer to these (...) as “special goods of childhood.” The second desiderata is to turn childrearing into a more communal practice, with lesser parental monopoly of care. For this, we need to give children access to multiple caring adults, and thus more opportunities to form secure and protected relationships. (shrink)

Defiendo la opinión de que la infancia es intrínsecamente valiosa en lugar de tener valor solo en la medida en que conduce a una buena edad adulta. Ni la visión de los “niños como adultos inacabados” ni la más extravagante de “los adultos como niños defectuosos” son convincentes por sí mismas porque ambas son formas incompletas de contar la historia de la infancia y la edad adulta. Un breve artículo no puede resolver la cuestión del valor relativo de la niñez (...) y la adultez, pero sugiero que es plausible que algunos tipos de valor que podemos disfrutar plenamente como niños sean, en el caso de la mayoría de las personas, diferentes de aquellos que podemos disfrutar como adultos. A medida que nos hacemos adultos mejoramos nuestros conocimientos y habilidades: acumulamos experiencia y controlamos mejor nuestras emociones. Por lo tanto, nos volvemos capaces de una plena agencia moral. Además, nos volvemos más decididos y adquirimos las habilidades ejecutivas necesarias para perseguir nuestros objetivos de manera efec-tiva y, por lo tanto, tenemos nuevos tipos de logros disponibles. Al mismo tiempo, en la transición a la edad adulta perdemos, en promedio, no solo habilidades físicas deseables como la agilidad y la flexibilidad, sino también gran parte de la plasticidad mental, la imaginación, la curiosidad y la percepción vívida, a veces sinestésica, del mundo (es decir, la capacidad de experimentar el mundo a través de más de un sentido a la vez). En el proceso, la capacidad de imaginar mundos radicalmente diferentes y las habilidades filosóficas y artísticas que teníamos de niños se pierden en general o al menos se reducen en gran medida. Por lo tanto, el cambio de la niñez a la edad adulta puede no ser en todos los sentidos un progreso, como diría la visión de los “niños como adultos inacabados”, o una regresión, como sugiere la visión de los “adultos como niños defectuosos”. Más bien, es una transformación de un tipo de ser humano intrínsecamente valioso a un tipo diferente de ser humano intrínsecamente valioso. Mi relato se basa en el trabajo en filosofía con niños y en nuevas investigaciones en psicología del desarrollo. Si bien hablo de los niños en general, no hace falta decir que las afirmaciones sobre las habilidades de los niños se aplican de manera diferente a los diferentes grupos de edad; sin embargo, asumo que la distinción entre “infancia” y “edad adulta” es, como tal, pertinente. (shrink)

RESUMO: As novas tecnologias revolucionaram tanto as relações humanas quanto as formas de exploração. Com o uso massivo e a dependência das redes sociais, muitas pessoas descobriram fontes de ganhos fnanceiros a partir da exposição da imagem, seja da sua ou de outrem. Nesse cenário, a intimidade de centenas de crianças é exposta por seus pais ou responsáveis em troca de audiência, fama e recursos fnanceiros. Partindo dessa problemática, o presente artigo investiga os impactos do trabalho infantil mediante a exploração (...) da imagem e da intimidade da criança nas plataformas digitais. Por se tratar de uma nova modalidade de produção abundante de artistas mirins, suas consequências têm impactado a atual geração, sobretudo na saúde biopsicossocial. -/- PALAVRAS-CHAVE: Trabalho Infantil. Exposição Virtual. Exploração da Imagem. Redes Sociais. -/- ABSTRACT: New technologies have revolutionized both human relationships and forms of exploitation. With the massive use and dependence on social networks, many people have discovered sources of fnancial gain from the exposure of the image, whether theirs or someone else’s. In this scenario, the intimacy of hundreds of children is exposed by their parents or guardians in exchange for audience, fame and fnancial gain. Based on this problem, this article investigates the impacts of child labor through the exploitation of the image and intimacy of the child on digital platforms. As it is a new modality of abundant production of child artists, its consequences have impacted the current generation, especially in biopsychosocial health. -/- KEYWORDS: Child Labor. Virtual Exposure. Image Exploitation. Social networks. (shrink)

When and why are coercion, indoctrination, manipulation, deception, and bullshit morally wrongful modes of influence in the context of educating children? Answering this question requires identifying what valid claims different parties have against one another regarding how children are influenced. Most prominently among these, it requires discerning what claims children have regarding whether and how they and their peers are influenced, and against whom they have these claims. The claims they have are grounded in the weighty interests they each equally (...) have in their wellbeing, prospective autonomy and being regarded with equal concern and respect. Plausibly children have valid claims regarding the content and means of influence they themselves are subjected to. For instance, considerations of concern and respect for children confer duties on others enable them to know important information and develop important skills. Children also plausibly have valid claims to be free from certain means of influence including indoctrination. This is because indoctrinatory practices threaten to diminish both their capacity to reason soundly, thereby constituting a wrongful harm, and their opportunities to form judgements and choices in response to relevant evidence and reasons, thereby constituting a wrong of disrespect. (shrink)

I argue that the best available parent view, in its present formulation, struggles to accommodate for our very weighty duty not to perpetuate historical injustices. I offer an alternative view that reconciles this tension.

The net benefit of vaccinating children is unclear, and vulnerable people worldwide should be prioritised instead, say Dominic Wilkinson, Ilora Finlay, and Andrew J Pollard. But Lisa Forsberg and Anthony Skelton argue that covid-19 vaccines have been approved for some children and that children should not be disadvantaged because of policy choices that impede global vaccination.

Journal of Applied Philosophy, EarlyView.

In philosophy, there are two competitor views about the nature and value of childhood: The first is the traditional, deficiency, view, according to which children are mere unfinished adults. The second is a view that has recently become increasingly popular amongst philosophers, and according to which children, perhaps in virtue of their biological features, have special and valuable capacities, and, more generally, privileged access to some sources of value. This article provides a conceptual map of these views and their possible (...) interpretations, and notes their bearing on issues of population ethics and on the duties that we are owed during childhood. (shrink)

There is a broad philosophical consensus that both children’s and prospective parents’ interests are relevant to the justification of a right to parent. Against this view, I argue that it is impermissible to sacrifice children’s interests for the sake of advancing adults’ interest in childrearing. Therefore, the allocation of the moral right to parent should track the child’s, and not the potential parent’s, interest. This revisionary thesis is moderated by two additional qualifications. First, parents lack the moral right to exclude (...) others from associating with the child. Second, children usually come into the world as part of a relationship with their gestational mother; often, this relationship deserves protection. (shrink)

Parenting involves an extraordinary degree of power over children. Republicans are concerned about domination, which, on one view, is the holding of power that fails to track the interests of those over whom it is exercised. On this account, parenting as we know it is dominating due to the low standards necessary for acquiring and retaining parental rights and the extent of parental power. Domination cannot be fully eliminated from child-rearing without unacceptable loss of value. Most likely, republicanism requires that (...) we minimise children’s domination. I examine alternative models of child-rearing that are immune to republican criticism. (shrink)

The COVID-19 pandemic has forced clinicians, policy-makers and the public to wrestle with stark choices about who should receive potentially life-saving interventions such as ventilators, ICU beds and dialysis machines if demand overwhelms capacity. Many allocation schemes face the question of whether to consider age. We offer two underdiscussed arguments for prioritising younger patients in allocation policies, which are grounded in prudence and fairness rather than purely in maximising benefits: prioritising one’s younger self for lifesaving treatments is prudent from an (...) individual perspective, and prioritising younger patients works to narrow health disparities by giving priority to patients at risk of dying earlier in life, who are more likely to be subject to systemic disadvantage. We then identify some confusions in recent arguments against considering age. (shrink)

We argue that the universal recommendations against “off-label” pediatric use of approved COVID-19 issued by the FDA, CDC, and AAP are overbroad. Especially for higher-risk children, vaccination can be ethically justified even before FDA authorization or approval – and similar reasoning is relevant for even younger patients. Legal risks can also be managed, although the FDA, CDC, and Department of Health and Human Services (HHS) should move quickly to provide clarity.

Coronavirus disease 2019 can lead to respiratory failure. Some patients require extracorporeal membrane oxygenation support. During the current pandemic, health care resources in some cities have been overwhelmed, and doctors have faced complex decisions about resource allocation. We present a case in which a pediatric hospital caring for both children and adults seeks to establish guidelines for the use of extracorporeal membrane oxygenation if there are not enough resources to treat every patient. Experts in critical care, end-of-life care, bioethics, and (...) health policy discuss if age should guide rationing decisions. (shrink)

Gideon Yaffe has recently argued that children should be subject to lower standards of criminal liability because, unlike adults, they ought to be disenfranchised. Because of their disenfranchisement, they lack the legal reasons enfranchised adults have to comply with the law. Here I critically consider Yaffe’s argument for such disenfranchisement, which holds that disenfranchisement balances children’s interest in self-government with adults’ interest in having an equal say over lawmaking. I argue that Yaffe does not succeed in showing that these two (...) values need to be balanced, nor that disenfranchising children is a justifiable method of achieving this balance. In my conclusion, I sketch an alternative contractualist approach to disenfranchising children that, like Yaffe’s, appeals to the implications that enfranchisement has for political relations among citizens, but unlike Yaffe’s, rests on empirical claims about the influence of parents on children’s voting patterns rather than on a priori claims regarding who has a rightful say over lawmaking. (shrink)

The Routledge Handbook of the Philosophy of Childhood and Children is an impressive collection of original essays on conceptual and normative issues related to the first (post-natal) phases of human life. As co-editor Anca Gheaus notes in her introduction to the collection, philosophers’ historical inattention to these issues is “puzzling”, given the importance of childhood and children for both individual and societal flourishing (p. 1). Attentive readers will be even more puzzled by this fact, given the variety of interesting, challenging (...) questions raised by the collection’s 44 contributors. It is even more striking that despite the size and scope of the collection, most of its essays are introductory in nature, primarily orienting readers to ongoing philosophical debates or noting topics for future investigation. The very existence of such a collection makes a strong case that the philosophy of childhood and children is and will continue to be a worthwhile endeavor. (shrink)

The traditional liberal view on conflicts between care for wellbeing and respect for choice and desire is that we should look to degrees of competence and voluntariness to determine which moral imperative should take priority. This view has likely influenced the common view that children’s choices should be considered only to the extent that this promotes their future autonomy and helps us determine their best interests. I reject both the general traditional liberal view and its application to children. Competence and (...) voluntariness, as well as maturity, are at best proxies for what really matters, which is wellbeing, choice and desire. We typically have reason to respect children’s choices, irrespective of any further positive consequences. If we should more often make children do what they do not want to do, this is mainly because, though we should care about respecting their choices, we should care even more about their wellbeing and future autonomy. (shrink)

Adoption may be defined as ‘the legal process through which the state establishes a parental relationship, with all its attendant rights and duties, between a child and a (set of) parent(s) where there exists no previous procreative relationship’ . In adoptions from care, state intervention effectively converts an established, or nascent, adult– child relationship into ‘family’ in the legal sense. From the state’s perspective, adoption thus entails the transfer of parental responsibilities for a child in public care to a private (...) family unit, enabling the state to permanently delegate its duties towards a child to this new unit. This seemingly straightforward legal act raises deeper philosophical questions relating to such state ‘family creation’, particularly when the child’s perspective is taken. Such a child- centric approach normatively regards children as equal moral beings, who ought to be included in actions concerning them, regardless of their capacity to form and express an opinion. Accordingly, adoption from care can be described as a moral decision, aimed at doing what is in the child’s best interests. The purpose of this chapter is to explore a suspicion of a lack of child- centrism in adoption from care practice, and to illustrate how adopted children’s rights are inferior to those of their non- adopted peers. This will shed light on a practice currently lacking transparency and accountability and will increase our understanding of how we fail to treat children as equal moral individuals in decision- making that severely impacts children’s lives. (shrink)

Some societies tolerate or encourage high levels of chickenpox infection among children to reduce rates of shingles among older adults. This tradeoff is unethical. The varicella zoster virus (VZV) causes both chickenpox and shingles. After people recover from chickenpox, VZV remains in their nerve cells. If their immune systems become unable to suppress the virus, they develop shingles. According to the Exogenous Boosting Hypothesis (EBH), a person’s ability to keep VZV suppressed can be ‘boosted’ through exposure to active chickenpox infections. (...) We argue that even if this hypothesis were true, immunization policies that discourage routine childhood varicella vaccination in order to prevent shingles for other people are unethical. Such policies harm children and treat them as mere means for the benefit of others, and are inconsistent with how parents should treat their children and physicians should treat their patients. These policies also seem incompatible with institutional transparency. (shrink)

We are pleased to have received such a varied set of commentaries on our target article, “Pox Parties for Grannies? Chickenpox, Exogenous Boosting, and Harmful Injustices,” and we are thankful for the opportunity to respond to some of them here. We regret that space limitations preclude us from responding to each. In what follows we will begin by addressing commentaries that expand the application of our arguments. We will then correct some seeming misunderstandings about our distinctions, arguments and thesis. We (...) will conclude by showing, pace our critics, that our view does not entail a rejection of COVID-19 related “lock-downs,” duties of “easy rescue” for children, nor loving relationships between children and their (elderly) family members. (shrink)

A short piece exploring some arguments for mandating vaccination for Covid-19.

This paper critically examines different formulations of the view that the crime of using child soldiers is less serious than other international crimes. The first formulation presents a sociological argument toward this conclusion and the second a deontological argument. After arguing that the second formulation is stronger, because it is grounded in a coherent ethical framework, I then construct a deontological argument to counter it, which construes the wrong of child soldiering as an attack on the developing child's right to (...) dignity, where dignity is understood through a Kantian lens as a person's moral agency. (shrink)

This article argues that uses of exclusion by schools in the United Kingdom (UK) often violate children’s moral rights. It contends that while exclusion is not inherently incompatible with children’s moral rights, current practice must be reformed to align with them. It concludes that as a non-punitive preventive measure, there may be certain circumstances in schools where it is necessary to exclude a child in order to safeguard the weighty interests of others in the school community. However, reform is needed (...) to ensure that exclusion is a measure of last resort, unjust discrimination is eliminated, appropriate and timely alternative provision is available, cultures of listening are developed, and blanket policies are removed. The argument is framed in terms of children’s weighty interests as identified in the United Nations Convention on the Rights of the Child. The moral bearing of these interests on UK schools is defended, and an overview of exclusion practices commonly used in UK schools is provided. Finally, the extent to which the use of exclusion in UK schools might violate the moral rights of the child is considered by evaluating empirically informed arguments for and against such policies couched in terms of interests identified in the Convention. (shrink)

Two core questions in pediatric ethics concern when and how physicians are ethically permitted to intervene in parental treatment decisions (intervention principles), and the goals or values that should direct physicians’ and parents’ decisions about the care of children (guidance principles). Lainie Friedman Ross argues in this issue of The Journal of Clinical Ethics that constrained parental autonomy (CPA) simultaneously answers both questions: physicians should intervene when parental treatment preferences fail to protect a child’s basic needs or primary goods, and (...) both physicians and parents should be guided by a commitment to protect a child’s basic needs and primary goods. In contrast, we argue that no principle—neither Ross’s CPA, nor the best interest standard or the harm threshold—can serve as both an intervention principle and a guidance principle. First, there are as many correct intervention principles as there are different kinds of interventions, since different kinds of interventions can be justified under different conditions. Second, physicians and parents have different guidance principles, because the decisions physicians and parents make for a child should be informed by different values and balanced by different (potentially) conflicting commitments. (shrink)

It is increasingly clear that children's excessive consumption of products high in added sugar causes obesity and obesity-related health problems like type 2 diabetes, cardiovascular disease, and metabolic syndrome. Less clear is how best to address this problem through public health policy. In contrast to policies that might conflict with adult's right to self-determination — for example sugar taxes and soda bans — this article proposes that children's access to products high in added sugars should be restricted in the same (...) way that children's access to tobacco products is restricted. The article first considers how the recommended policy will protect a child's right to an open future while not violating parental rights. The article then explores how the implementation of the recommended policy can help transform the social meaning of sugar and thereby curb the parental supply of added sugar to children — a central cause of obesity. The article also addresses several potential objections. (shrink)

Because families disrupt fair patterns of distribution and, in particular, equality of opportunity, egalitarians believe that the institution of the family needs to be defended at the bar of justice. In their recent book, Harry Brighouse and Adam Swift have argued that the moral gains of preserving the family outweigh its moral costs. Yet, I claim that the egalitarian case for abolishing the family has been over-stated due to a failure to consider how alternatives to the family would also disturb (...) fair distributions and, in particular, equality of opportunity. Absent the family, children would continue to be exposed to care-givers of different levels of ability, investment in childrearing and beneficial partiality. In addition, social mechanisms other than the family would lead to the accumulation of economic inequalities. Any kind of upbringing will fail to realise equality for reasons that go deeper than the family: our partiality and unequal abilities to nurture. (shrink)