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1 Introduction Contemporary theories of children’s rights often borrow the language of trusts from common law jurisprudence, referring to parents as ‘trustees’ or ‘fiduciaries’ in connection with their parental rights and responsibilities. It has elsewhere been remarked that the ‘idea of a trust is so familiar to us all that we never wonder at it. And yet surely we ought to wonder’ ( Maitland 1911 , p. 272). What I call the trust model of upbringing, in which adults exercise stewardship over children as fiduciaries of one kind or another, has been advanced by

5 Children’s Rights 5.1 A Journey into the World of Children Rights Advocacy That children have rights is a key element of Korczak’s legacy, yet what is the philosophical basis for such a claim? Why, indeed, should children have rights? Of course, parents love their children and usually dedicate their time and resour- ces to their welfare. Yet, the challenge is not to define what we owe them but to determine whether children’s rights exist independently of parental feelings. Where can we substantiate this claim and our obligation to meet the rights of children in

203 e i g h t Children’s Rights From its beginnings, psychoanalysis has been a developmental psychol-ogy.1 Freud fi rst studied the importance of early sexual development and then later espoused the centrality of the Oedipus complex in the unfolding of the child’s psychic life. His daughter Anna Freud refi ned and broadened her father’s theory of developmental stages. The important child analyst Melanie Klein directed her attention to the signifi cance of earlier pre- Oedipal fantasies of an all- loving, all- hating caregiving fi gure. Donald Winnicott

EMPOWERING CHILDREN This page intentionally left blank CHAPTER ONE Denying Children’s Rights It undermines the integrity of the family and involves children in a political undertaking. There is a gradual erosion of parental authority and this is one more step in that direction. Abbotsford School Trustee cited in the Abbotsford News, British Columbia, 16 September 1999 You might suppose that this Canadian school trustee was referring to some new subversive organization for children and youth. Were children being called to join a radical new political party? Were

omy of the minor child. Children’s rights are not coextensive with those of adults. They are limited in reality. Since the middle of the twentieth century, the U.S. Supreme Court has said that, generally, the Fourteenth Amend- ment and the Bill of Rights protect minors as well as adults from unconsti- tutional state action. However, when the Justices look at specific cases, it is apparent that there are countervailing, limiting principles. The Court has made it clear that there are some activities of children that may be sub- ject to state regulation to a greater

CHAPTER 8 The OIC and Children’s Rights Mahmood Monshipouri and Turan Kayaoglu Introduction The Covenant on the Rights of the Child in Islam (CRCI)1 was adopted at the thirty- second Islamic Conference of Foreign Ministers in Yemen, on June 28– 30, 2005. Numerous countries participated in drafting it. As of this writing, however, it is still awaiting ratification by the required twenty OIC member states. One reason for the OIC’s attention to children’s rights is that from child labor to child soldiers, and from child brides to female genital cutting

Chapter 2 How to Think about Children’s Rights We are not the sources of problems; We are the resources that are needed to solve them. We are not expenses; we are investments. We are not just young people; we are people and citizens of this world. . . . You call us the future, but we are also the present. —Child delegates to U.N. Special Session1 Children have a present value of their own as young hu-mans, not just as potential adults or as a means to adult ends. This was brought home to me at the 2002 U.N. Special Session on Children, when a young delegate from

, abuse and neglect, or reproductive free- dom of minors, where the balance rests depends in large measure on Chapter 3 From Children’s Rights to Parents’ Rights From Children’s Rights to Parents’ Rights 43 how the individual interests are conceptualized and whether such factors as the child’s capacity and age are considered in the process. More fundamentally, it depends on how we as a society define our overall policy objectives. Are we pri- marily concerned with protecting children from parental abuse, neglect, or mis- guidance or from overreaching by the state? Are

50 | 3 Children’s Rights in Research about Religion and Spirituality Pr i s c i l l a A l d e r s o n An erudite theologian suspected of being a heretic was asked by a journalist, “Do you believe in God?” He replied cautiously, “I can answer you but the answer is complex and I can prom- ise you that you will not understand my answer. Do you want me to go ahead?” “Certainly,” said the journalist. “All right. The answer is yes.” Barraclough 1999: 929 The theologian’s replies raise questions for research about religion and spirituality. How can we explore

2 Liberation and Caretaking: Fighting over Children’s Rights in Postwar America Michael Grossberg Children’s rights have been a critical but contentious issue in the United States since the late nineteenth century and the emergence of modern con- ceptions of childhood. Since then rights have assumed greater and greater importance as a primary way for Americans to determine the meaning of childhood. Nevertheless children’s rights did not develop in a consistent or a linear manner. Quite the contrary; contests over children’s rights were cre- ations of