United Nations Convention on wrongs to the child

International Journal of Children's Rights

Volumn 8, Issue 1, 2000, Pages 1-13

  Simon, Thomas W ^a  

^a ILLINOIS STATE UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 38649087800     PISSN: 09275568     EISSN: 15718182     Source Type: Journal    
DOI: 10.1163/15718180020494497     Document Type: Article

References (23)

1. Elizabeth H. Wolgast, "Wrong Rights," Hypatia (Winter 1987).
2. Thomas Nagel The View from Nowhere (New York: Oxford University Press, 1986).
3. Allan Donagan, "It Is Impermissible Not to Respect Every Human Being, Oneself or Any Other Rational Creature," The Theory of Morality (Chicago: University of Chicago Press, 1977), p. 66.
4. For a critique of the meta-ethical strategy in deontology see Nancy Ann Davis, "Contemporary Deontology," in A Companion to Ethics edited by Peter Singer (New York: Blackwell, 1991), pp. 205-218.
5. Charles Fried, Right and Wrong (Cambridge, MA: Harvard University Press, 1978), p. 10.
6. Lawrence J. Le Blanc, The Convention on the Rights of the Child (Lincoln: University of Nebraska, 1995), p. 45.
7. Geraldine Van Bueren, The International Law on the Rights of the Child (Dordrecht: Martinus Nijhoff, 1993), p. 15.
8. Lawrence J. Le Blanc, op. cit., note 7, p. 75, Barbados has rescinded the death penalty. The United States Supreme Court, in five to four majorities, has ruled that the execution of those under sixteen constitutes cruel and unusual punishment (Thomson v. Oklahoma 487 U. S. 815) (1988), but not those sixteen or seventeen at the time of the commission of the crime
9. (Stanford v. Kentucky 492 U. S. 361(1989)).
10. William A. Schabas, The Abolition of the Death Penalty in International Law, Second Edition (Cambridge: Cambridge University Press, 1997), pp. 84-85.
11. J. Donnelly and R. Howard, "Assessing National Human Rights Performance: A Theoretical Framework," Human Rights Quarterly 10(1988), pp. 214, 234-235.
12. Jonathan Kozol, Amazing Grace (New York: Harper, 1995).
13. Lela B. Costin, Howard Jacob Karger, and David Stoesz, The Politics of Child Abuse in America (New York: Oxford University Press, 1996), p. 145.
14. In Kingsley v. Kingsley, 623 So. 2d 780 (Fla. App. 5 Dist. 1993) the court ruled that 11 year old Gregory did not have the requisite legal capacity to file a petition in his name to divorce his natural parents. The English have developed a children's capacity doctrine in Gillick v. West Norfolk Health Authority, [1986] AC 112, which ruled against a mother preventing a health clinic from giving any of five daughters under 16 information about contraception.
15. Kleinig argues for welfare rights, such as "bodily and mental health, normal intellectual development, adequate material security, stable and non-superficial interpersonal relationships, and a fair degree of liberty." J. Kleinig, "Crime and the Concept of Harm," American Philosophical Quarterly 15(1978), p. 31. Benn relies on project interests, that is, our capacity for selecting and pursuing our projects.
16. S. I. Benn, "Human Rights - For Whom and For What?" in E. Kamenka and A. Erh-Soon Tay, eds. Human Rights (London: Edward Arnold). Eekelaar proposes three types of interests: basic, developmental, and autonomy.
17. J. Eekelaar, "The Emergence of Children's Rights," Oxford Journal of Legal Studies 6(1986), p. 161.
18. For Campbell, children have different interests at different stages of their lives. Tom D. Campbell, "The Rights of the Minor: As Person, as Child, as Juvenile, as Future Adult," in Children, Rights and the Law. Philip Alston, Stephen Parker, and John Seymour, eds. (Oxford: Clarendon, 1992), pp. 1-23.
19. Michael D. A. Freeman, "The Limits of Children's Rights," in The Ideologies of Children's Rights, Michael Freeman and Philip Veerman, eds. (Dordrecht: Martinus Nijhoff, 1992), pp. 29-46.
20. Melinda Jones and Lee Ann Basser Marks, "The Dynamic Developmental Model of the Rights of the Child: A Feminist Approach to Rights and Sterilization," The International Journal of Children's Rights 2, pp. 265-291 at 275-276.
21. Olsen's analysis is seriously flawed in missing this point. See, Frances Olsen, "Children's Rights: Some Feminist Approaches to the United Nations Convention on the Rights of the Child," Children, Rights, and the Law, Philip Alston, Stephen Parker, and John Seymour, eds. (Oxford: Clarendon Press, 1992), pp. 208-213.
22. Parents who prevented a child from participating in painful initiation rites would be considered abusive by the community for denying the child adult status. Conflicting values can inspire mutual assessment of practices to discover positive childcare standards: the Western practice of isolating infants from the mother, for example, is considered abusive in most of the world's cultures. Inflicting pain through culturally-sanctioned practices like sacrification, while objectively harmful, is less damaging than behaviors termed abusive in the West: when the behavior is prevalent, unquestioned and viewed as especially valuable and the child is secure in parental goodwill, the act lacks the rejection and breach of trust which underlies abuse. Anne McGillivray, "Reconstructing Child Abuse: Western Definitions and Non-Western Experiences," in The Ideologies of Children's Rights, Michael Freeman and Philip Veerman, eds. (Dordrecht: Martinus Nijhoff, 1992), p. 234, n. 46.
23. John Seymour, "An 'Uncontrollable' Child: A Case Study in Children's and Parents' Rights," Children, Rights, and the Law, Philip Alston, Stephen Parker, and John Seymour, eds. (Oxford: Clarendon Press, 1992), pp. 106-107.