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Children: Rights and Childhood

Routledge (2014)

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  1. Parental Compromise.Marcus William Hunt - 2022 - Critical Review of International Social and Political Philosophy 25 (2):260-280.
    I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...)
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  • Postmenopausal Motherhood Reloaded: Advanced Age and In Vitro Derived Gametes.Daniela Cutas & Anna Smajdor - 2015 - Hypatia 30 (2):386-402.
    In this paper we look at the implications of an emerging technology for the case in favor of, or against, postmenopausal motherhood. Technologies such as in vitro derived gametes have the potential to influence the ways in which reproductive medicine is practiced, and are already bringing new dimensions to debates in this area. We explain what in vitro derived gametes are and how their development may impact on the case of postmenopausal motherhood. We briefly review some of the concerns that (...)
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  • Capacity, claims and children's rights.Mhairi Cowden - 2012 - Contemporary Political Theory 11 (4):362-380.
    Children are often denied rights on the basis of their incompetence. A theory of rights for children is essential for consideration of the child's political status, yet the debate surrounding children's rights has been characterised by the divisive concept of ‘capacity’ typified in the two leading rights theory, Interest Theory and Will Theory. This article will provide a thorough analysis of the relationship between capacity, competence and rights. Although Interest Theory has successfully dealt with the competence requirement for being a (...)
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  • Being a Child: A Social Constructivist Account.Andrée-Anne Cormier & Mauro Rossi - 2022 - Ergo: An Open Access Journal of Philosophy 9 (39):1048-1079.
    In recent years, many scholars have offered innovative accounts of social categories such as gender, race, and disability. By contrast, comparatively little work has been done on the category of children. The goal of our paper is to offer a new account of what children are. We start by discussing the two main accounts that have been put forward so far in the literature: naturalistic accounts and normative accounts. According to the former, to be a child is a matter of (...)
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  • Expanded Non-invasive Prenatal Testing (NIPT).Zoë Claesen, Neeltje Crombag, Lidewij Henneman, Joris Robert Vermeesch & Pascal Borry - 2023 - Journal of Bioethical Inquiry 20 (1):41-49.
    Expanded non-invasive prenatal testing (NIPT) has provoked ethical concerns about its justifiable scope. In this paper, we evaluate the role of the child’s right to an open future in setting the scope of NIPT. This ‘open future principle’ has been cited in arguments both limiting and expanding parental freedoms. This moral right holds that adult autonomy rights which children cannot yet exercise should nonetheless be protected until they can. Its purpose is to protect the future autonomy of the child as (...)
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  • Infant political agency: Redrawing the epistemic boundaries of democratic inclusion.Andre Santos Campos - 2019 - Sage Publications: European Journal of Political Theory 21 (2):368-389.
    European Journal of Political Theory, Volume 21, Issue 2, Page 368-389, April 2022. Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political agency (...)
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  • Infant political agency: Redrawing the epistemic boundaries of democratic inclusion.Andre Santos Campos - 2022 - European Journal of Political Theory 21 (2):368-389.
    Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage the inclusion of infants in representative democracies is to resort to proxies or surrogates who share or advocate interests which may be coincidental with their interests. However, this solution is far from desirable, given that it privileges the political agency of parents, guardians and trustees over other adult citizens. This article offers an (...)
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  • Corrupting the Youth: Should Parents Feed their Children Meat?Daniel Butt - 2021 - Ethical Theory and Moral Practice 24 (4):981-997.
    This article is concerned with choices that parents or guardians make about the food they give to their children. Those with primary responsibility for the care of young children determine the set of foods that their children eat and have a significant impact on children’s subsequent dietary choices, both in later childhood and in adulthood. I argue that parents have a morally significant reason not to feed meat to their children, which stems from their fiduciary responsibility for the child’s moral (...)
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  • Navigating the Penumbra: Children and Moral Responsibility.Michael D. Burroughs - 2020 - Southern Journal of Philosophy 58 (1):77-101.
    Child moral agency is dismissed in many historical and contemporary accounts based on children's supposed lack or marginal possession of agency-bearing capacities, including reason, deliberation, and judgment, amongst others. Given its prominence in the philosophical canon, I call this the traditional view of child agency. Recent advancements in moral developmental psychology challenge the traditional view, pointing toward the possession of relevant capacities and competencies for moral and responsible agency in early and middle childhood. I argue that both views—traditional and developmental—underdetermine (...)
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  • Universalism, embeddedness and domination: an analysis of the Convention on the Rights of the Child.Nico Brando - 2019 - Journal of Global Ethics 15 (3):270-286.
    1. The International Convention on the Rights of Child (CRC) (UNGA 1989) stands as the lighthouse which guides discussions on how to address global justice for children. Consensus exist both in the...
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  • The figure of the child in democratic politics.Daniel Bray & Sana Nakata - 2020 - Contemporary Political Theory 19 (1):20-37.
    This article seeks to illuminate the figure of the child in democratic politics by arguing that children play a constitutive role as temporary outsiders who present both renewal and risk to the demos. Using Hannah Arendt’s concept of natality, we begin with an ontological account of children as new individuals that are central to renewing democratic freedom and plurality. In the second section, we explore how children can be conceived in terms of political risk by focussing on Arendt’s debate with (...)
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  • Should childhood immunisation be compulsory?P. Bradley - 1999 - Journal of Medical Ethics 25 (4):330-334.
    Immunisation is offered to all age groups in the UK, but is mainly given to infants and school-age children. Such immunisation is not compulsory, in contrast to other countries, such as the United States. Levels of immunisation are generally very high in the UK, but the rates of immunisation vary with the public perception of the risk of side effects. This article discusses whether compulsory vaccination is acceptable by considering individual cases where parents have failed to give consent or have (...)
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  • Is child disenfranchisement justified?Nico Brando - 2023 - Critical Review of International Social and Political Philosophy 26 (5):635-657.
    Children are among the few social groups that are systematically and universally disenfranchised. Although children are citizens worthy of equal moral treatment and rights, their right to vote is restricted in almost all states, and this is seen as legitimate by most democratic theories. What is particular about childhood that justifies the restriction of their right to vote? How can democratic systems legitimise the exclusion of a section of their citizenry? This article provides a critical analysis of the principles that (...)
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  • Harm is all you need? Best interests and disputes about parental decision-making.Giles Birchley - 2016 - Journal of Medical Ethics 42 (2):111-115.
    A growing number of bioethics papers endorse the harm threshold when judging whether to override parental decisions. Among other claims, these papers argue that the harm threshold is easily understood by lay and professional audiences and correctly conforms to societal expectations of parents in regard to their children. English law contains a harm threshold which mediates the use of the best interests test in cases where a child may be removed from her parents. Using Diekema9s seminal paper as an example, (...)
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  • Deciding Together? Best Interests and Shared Decision-Making in Paediatric Intensive Care.Giles Birchley - 2014 - Health Care Analysis 22 (3):203-222.
    In the western healthcare, shared decision making has become the orthodox approach to making healthcare choices as a way of promoting patient autonomy. Despite the fact that the autonomy paradigm is poorly suited to paediatric decision making, such an approach is enshrined in English common law. When reaching moral decisions, for instance when it is unclear whether treatment or non-treatment will serve a child’s best interests, shared decision making is particularly questionable because agreement does not ensure moral validity. With reference (...)
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  • Charlie Gard and the weight of parental rights to seek experimental treatment.Giles Birchley - 2018 - Journal of Medical Ethics 44 (7):448-452.
    The case of Charlie Gard, an infant with a genetic illness whose parents sought experimental treatment in the USA, brought important debates about the moral status of parents and children to the public eye. After setting out the facts of the case, this article considers some of these debates through the lens of parental rights. Parental rights are most commonly based on the promotion of a child’s welfare; however, in Charlie’s case, promotion of Charlie’s welfare cannot explain every fact of (...)
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  • Autonomy and Vulnerability: On Just Relations Between Adults and Children.Sigal R. Benporath - 2003 - Journal of Philosophy of Education 37 (1):127-145.
    The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults’ obligations rather than children’s rights are the appropriate (...)
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  • Hermeneutical Injustice and Child Victims of Abuse.Arlene Lo - 2023 - Social Epistemology 37 (3):364-377.
    This article analyses how child victims of abuse may be subjected to hermeneutical injustice. I start by explaining how child victims are hermeneutically marginalised by adults’ social and epistemic authority, and the stigma around child abuse. In understanding their abuse, I highlight two epistemic obstacles child victims may face: (i) lack of access to concepts of child abuse, thereby causing victims not to know what abuse is; and (ii) myths of child abuse causing misunderstandings of abuse. When these epistemic obstacles (...)
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  • Why Parent Together?Marcus William Hunt - 2023 - European Journal of Analytic Philosophy 19 (2):1-25.
    The paper offers an account of co-parenthood according to which co-parents are parent and child to one another. The paper begins by reviewing extant theories of the value of being a parent, to see whether the value of co-parenthood is reducible to this. Finding that it is not, I briefly elaborate a theory of parenthood on which parents are those who create persons. Using Aristotle’s four causes as a helpful prism, I outline how parents are the cause of their child, (...)
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  • Zašto biti su-roditelj?Marcus William Hunt - 2023 - European Journal of Analytic Philosophy 19 (2):3-25.
    U radu se nudi prikaz su-roditeljstva prema kojem su su-roditelji jedno drugom i roditelj i dijete. Rad započinje pregledom postojećih teorija o vrijednosti roditeljstva kako bi se vidjelo može li se vrijednost su-roditeljstva svesti na to. Utvrdivši da se ne može, ukratko elaboriram teoriju roditeljstva po kojoj su roditelji ti koji stvaraju osobe. Koristeći Aristotelova četiri uzroka kao korisnu prizmu, ocrtavam kako su roditelji uzrok svog djeteta i kako u stvaranju djeteta zajedno su-roditelji postaju roditelji i dijete jedno drugome. Na (...)
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  • Parental Love and Filial Equality.Giacomo Floris & Riccardo Spotorno - forthcoming - Canadian Journal of Philosophy:1-15.
    It is widely accepted that parents have a fundamental moral obligation to consider and treat their children as each other’s equals. Yet the question of what grounds the equality of status among children in the eyes of their parents has so far been largely neglected in the literature on the philosophy of childhood and the ethics of parenthood. This paper fills this gap by developing a novel theory of the basis of filial equality: it argues that parents ought to consider (...)
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  • Parental Licensing and Discrimination.Carolyn McLeod & Andrew Botterell - 2018 - In Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.), The Routledge Handbook of the Philosophy of Childhood and Children. New York: Routledge. pp. 202-212.
    Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...)
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  • The Routledge Handbook of the Philosophy of Childhood and Children.Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.) - 2018 - New York: Routledge.
    Childhood looms large in our understanding of human life as it is a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference source (...)
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  • Review of Claire Cassidy, Thinking Children. [REVIEW]Judith Suissa - 2010 - Studies in Philosophy and Education 29 (6):591-596.
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  • Children's Well-Being: A Philosophical Analysis.Anthony Skelton - 2015 - In Guy Fletcher (ed.), The Routledge Handbook of Philosophy of Well-Being. Routledge. pp. 366-377.
    A philosophical discussion of children's well-being in which various existing views of well-being are discussed to determine their implications for children's well-being and a variety of views of children's well-being are considered and evaluated.
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  • Psychopathy: Morally Incapacitated Persons.Heidi Maibom - 2017 - In Thomas Schramme & Steven Edwards (eds.), Handbook of the Philosophy of Medicine. Springer. pp. 1109-1129.
    After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...)
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  • Educating the Reasonable: Political Liberalism and Public Education.Frodo Podschwadek - 2021 - Springer.
    Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...)
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  • Kindliche »Unschuld« ist kein Ideal: Tugendethik und Kind-Erwachsenen-Sex.Thomas O’Carroll - 2018 - Gäufelden, Germany: Thomas Leske. Edited by Thomas Leske.
    Malón (Arch Sexual Behav 44(4):1071–1083, 2015) kam zu dem Schluss, dass die üblichen Argumente gegen sexuelle Beziehungen zwischen Erwachsenen und Kindern vor der Pubertät nicht ausreichen, um deren moralische Zulässigkeit unter allen Umständen auszuschließen. Diese postulierte Lücke versuchte Malón (Sex Cult 21(1):247–269, 2017) mit Tugendethik zu füllen. Diesen Tugendethikansatz im zweiten von Malóns Fachartikeln fechtet der vorliegende Aufsatz an, indem er (1) die Ansicht in Frage stellt, dass Sex ein außergewöhnlicher Teilaspekt der Moral ist, der eines Tugendansatzes bedarf, (2) die (...)
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  • The flourishing child.Lynne Wolbert, Doret de Ruyter & Anders Schinkel - 2022 - Journal of Philosophy of Education 55 (4-5):698-709.
    This paper aims to offer conceptual clarification on the use of the concept of human flourishing with regard to children. We will argue that the concept can meaningfully be applied to parts of human lives, specifically one's childhood, and discuss when we can meaningfully speak of a flourishing child. Viewing children's lives in terms of whether they are flourishing may be able to help us understand and articulate in which ways a child's life may go better or worse. This is (...)
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  • Better to know than to imagine: Including children in their health care.Tenzin Wangmo, Eva De Clercq, Katharina M. Ruhe, Maja Beck-Popovic, Johannes Rischewski, Regula Angst, Marc Ansari & Bernice S. Elger - 2017 - AJOB Empirical Bioethics 8 (1):11-20.
    Background: This article describes the overall attitudes of children, their parents, and attending physicians toward including or excluding pediatric patients in medical communication and health care decision-making processes. Methods: Fifty-two interviews were carried out with pediatric patients (n = 17), their parents (n = 19), and attending oncologists (n = 16) in eight Swiss pediatric oncology centers. The interviews were analyzed using thematic coding. Results: Parenting styles, the child's personality, and maturity are factors that have a great impact upon the (...)
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  • Understanding general practitioners' conflicts of interests and the paramountcy principle in safeguarding children.P. Wainwright & A. Gallagher - 2010 - Journal of Medical Ethics 36 (5):302-305.
    As family physicians, general practitioners play a key role in safeguarding children. Should they suspect child abuse or neglect they may experience a conflict between responding to the needs and interests of the child and those of an adult patient. English law insists on the paramountcy of the interests of the child, but in family practice many other interests may be at stake. The authors argue that uncritical adoption of the paramountcy principle is too simplistic and can lead, paradoxically, to (...)
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  • Mandatory school uniforms and freedom of expression.Mark C. Vopat - 2010 - Ethics and Education 5 (3):203 - 215.
    On 10 December 2007 the Akron City School Board ? following the precedent set by many school systems across the United States and the world ? instituted a policy of mandatory school uniforms for all students in grades K?8. The measure was met with mixed reviews. While many parents supported the measure, a small group of parents from a selective, arts-focussed, middle school (grades 4?8) objected to the policy. It was their contention that children attending this particular school should be (...)
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  • Enfranchising the Youth.Lachlan Montgomery Umbers - 2018 - Critical Review of International Social and Political Philosophy 23 (6):1-24.
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  • Enfranchising the Youth.Lachlan Montgomery Umbers - 2020 - Critical Review of International Social and Political Philosophy 23 (6):732-755.
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  • Regulating assisted reproduction: Discrimination and the right to privacy.Joshua Shaw - 2019 - Clinical Ethics 14 (2):87-93.
    Advances in fertility medicine have led some ethicists to call for stricter regulations on assisted reproduction. One counterargument is that such restrictions are unfair, for they impose far more...
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  • The duty to bring children living in conflict zones to a safe haven.Gottfried Schweiger - 2016 - Journal of Global Ethics 12 (3):380-397.
    In this paper, I will discuss a children’s rights-based argument for the duty of states, as a joint effort, to establish an effective program to help bring children out of conflict zones, such as parts of Syria, and to a safe haven. Children are among the most vulnerable subjects in violent conflicts who suffer greatly and have their human rights brutally violated as a consequence. Furthermore, children are also a group whose capacities to protect themselves are very limited, while their (...)
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  • Introduction: Ethics of Childhood.Gottfried Schweiger - 2023 - The Journal of Ethics 27 (1):1-5.
    This introduction provides a brief overview of the field of childhood ethics. It briefly outlines current debates about children’s autonomy and vulnerability, children’s rights, the relationship between children and parents, and (social and global) justice for children.
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  • Einleitung: Kindheit und Gerechtigkeit.Gottfried Schweiger & Gunter Graf - 2015 - Zeitschrift für Praktische Philosophie 2 (1).
    Beschäftigt man sich systematisch mit der Konzeption von Gerechtigkeit für Kinder bzw. während der Kindheit, ist es hilfreich, drei verschiedene Fragen zu klären, die normalerweise in Hinblick auf Erwachsene diskutiert werden, doch auch für eine genauere Analyse der Ansprüche von Kindern relevant sind. Welche Güter sind für die Gerechtigkeitstheorie relevant? Nach welchen Prinzipien sollen diese Güter verteilt werden? Wer ist dafür verantwortlich, dass die angestrebte Güterverteilung verwirklicht wird? In dieser Einleitung umreißen wir kurz den gegenwärtigen Diskussionsstand, der in diesen drei (...)
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  • Self-respect & Childhood.Nanette Ryan - 2023 - The Journal of Ethics 27 (1):51-76.
    When we raise children what we are typically aiming for is a kind of flourishing; we want childrento live well as children, and to grow to become adults who live well too. Undoubtedly, part of what we are aiming forwhen we aim for a child’s flourishing is that they meet their developmental milestones well, and that they succeedamong their peers. We are also generally interested in how a child regards themselves; we want children tobelieve that they have value, and that (...)
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  • Childhood, Biosocial Power and the “Anthropological Machine”: Life as a Governable Process?Kevin Ryan - 2014 - Critical Horizons 15 (3):266-283.
    This article examines how childhood has become a strategy that answers to questions concerning the governability of life. The analysis is organized around the concept of “biosocial power,” which is shown to be a particular zone of intensity within the wider field of biopolitics. To grasp this intensity it is necessary to attend to the place of imagination in staging biosocial strategies, that is the specific ways in which childhood is both an imaginary projection and a technical project, and to (...)
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  • The question of 'parenting'.Stefan Ramaekers & Judith Suissa - 2011 - Ethics and Education 6 (2):101-108.
    Ethics and Education, Volume 6, Issue 2, Page 101-108, July 2011.
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  • The Trust Model of Children’s Rights.Kenneth R. Pike - 2020 - Moral Philosophy and Politics 7 (2):219-237.
    Is parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of trust, (...)
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  • Vaccination Policies: Between Best and Basic Interests of the Child, between Precaution and Proportionality.Roland Pierik - 2020 - Public Health Ethics 13 (2):201-214.
    How should liberal-democratic governments deal with emerging vaccination hesitancy when that leads to the resurgence of diseases that for decades were under control? This article argues that vaccination policies should be justified in terms of a proper weighing of the rights of children to be protected against vaccine-preventable diseases and the rights of parents to raise their children in ways that they see fit. The argument starts from the concept of the ‘best interests of the child involved’. The concept is (...)
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  • Issues of consent and the primary-school medical.P. Bradley - 2000 - Journal of Medical Ethics 26 (6):469-472.
    This article discusses what level of consent is needed from a child or parent before a primary-school medical can take place . It also considers whether there are occasions when a doctor can see a child if the parents have failed to give consent or have explicitly refused consent.Primary-school children are considered incompetent to make decisions about their own medical treatment and so their consent does not need to be gained before a medical takes place, although it is highly desirable (...)
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  • Joseph Millum, The Moral Foundations of Parenthood: Oxford University Press, 2018, 168 pp., £41.99 , ISBN 9780190695439.Harisan Unais Nasir - 2018 - Asian Bioethics Review 10 (4):333-335.
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  • The Epistemic Challenge of Hearing Child’s Voice.Karin Murris - 2013 - Studies in Philosophy and Education 32 (3):245-259.
    Classical conceptual distinctions in philosophy of education assume an individualistic subjectivity and hide the learning that can take place in the space between child and adult. Grounded in two examples from experience I develop the argument that adults often put metaphorical sticks in their ears in their educational encounters with children. Hearers’ prejudices cause them to miss out on knowledge offered by the child, but not heard by the adult. This has to do with how adults view education, knowledge, as (...)
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  • Animal Voting Rights.Ioan-Radu Motoarcă - 2023 - Analysis 1.
    The idea that animals should have the right to vote sounds preposterous. Accordingly, most authors who have touched on the issue dismiss it in few words as obvi.
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  • Children’s Rights and the Parental Authority to Instill a Specific Value System.Jeffrey Morgan - 2006 - Essays in Philosophy 7 (1):49-66.
    Liberals who want to support multiculturalism need to be able to justify the parental authority to instill cultural value systems or worldviews into children. However, such authority may be at odds with liberal demands that citizens be autonomous. This paper argues that parents do not have the legitimate authority to instill in their children a specific value system, contrary to the complex and intriguing arguments of Robert Noggle (2002). Noggle’s argument, which draws heavily on key ideas in Rawls’ theory of (...)
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  • A Critical Review of Matthew Clayton: Justice and Legitimacy in Upbringing: Oxford University Press, Oxford, New York, 2006, 214 p., Hardcover, List Price: $74.00, Last Price: $95.68.Jeffrey Morgan - 2009 - Studies in Philosophy and Education 28 (1):79-89.
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  • Rethinking children and inclusive education: opportunities and complexities. By Sue Pearson. Pp 264. London: Bloomsbury. 2016. £21.99 . ISBN 978-1-4725-68366. [REVIEW]Susie Miles & Laura Goodfellow - 2018 - British Journal of Educational Studies 66 (1):129-131.
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