Essay Title: 

Is there a contradiction between children`s autonomy rights and their welfare rights or are the two perfectly compatible?

April 3, 2016 | Author: | Posted in law

Child ‘s Autonomy vs . Welfare Rights : Contradiction or Compatibility

An idea of human rights was developed more than 400 years ago , whereas modern meanings of rights were formulated comprehensively just in mid last century in famous John Locke ‘s works on the inalienable rights of man (Archard 2004 . These earliest rights to autonomy as self-rule privacy , self-determination and freedom from interference moved away from past feudal trusting subjection to the monarch and state (Alderson 2002 . Nevertheless , there was a category of human beings whose powers were recognised only partially . Those were children [banner_entry_middle]

being considered not yet fully rational , only coming to be such as adults , hence not yet possessing the rights of adult citizens due to their lack of both knowledge and moral sense . It is not surprising that during last two centuries child welfare policies in Western nations have been based on the perception of children either as vulnerable , and thus in need of protection (the child as victim ) or as impulsive /unsocialised , and thus in need of guidance and control (the child as threat (Featherstone 2005 ,

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shildren have been often the victims of practices of abandonment infanticide , sacrifice , mutilation , slavery , excessive discipline and exploitation at work (Archard 2004 ,

. 192 . Taking this into account the most nations all around the world have adopted legislation and developed policies aimed at protection of children from physical abuse neglect , sexual exploitation or abuse , and providing them with safe stable , permanent home nurtured by healthy families and strong communities (Prout 2003 . Eventually , the adoption of the Convention on the Rights of the Child by the United Nations General Assembly (hereinafter referred to as “the Convention ) on 20 November 1989 signaled the international community ‘s acceptance of a statement of children ‘s rights which , in many respects , is considerably in advance of anything earlier formulated in rights terms at the national level . The Convention emphasised among other rights of the child the right to autonomy and self-determination . Empowering children with rights , at the same time the Convention stresses on necessity to ensure sufficient child welfare system (Convention 1989 ,

. 2 ) able to maintain that all children are educated , inoculated against contagious diseases and have their basic needs met (Satz 2004 . At all this while implementing undoubtedly progressive provisions of the Convention , the necessity exists to achieve a balance between the caring and control functions of both the family and the state , and to determine the dividing line between the child ‘s autonomy , parental powers and legitimate state intervention

The purpose of this study is to explore whether the right of the child to exercise autonomy is compatible with the principles of child welfare Toward this end we will consider the legal and moral status of children in modern society , discuss the legitimate basis for child ‘s autonomy scrutinize interrelationship child-family-state within the child welfare system , and examine its compatibility with regard to child ‘s autonomy safeguarding

Legal and Moral Status of Children

The adoption of the Convention and its ratification by… [banner_entry_footer]


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