This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for addressing the (...) question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable. (shrink)

Do children have a right to be loved? An affirmative answer faces two immediate challenges: (i) a child's basic needs can be met without love, therefore a defence of such a right cannot appeal to the role of love in protecting children's most basic needs, and (ii) since love is non-voluntary, it seems that there cannot be a corresponding duty on the part of parents to love their child. In this essay, I defend an affirmative answer that overcomes both of (...) these challenges. First, I argue that the right of children to be loved is grounded in the value of children leading meaningful lives. Second, I argue that the right of children to be loved gives rise to a duty on the part of the state to do all that it legitimately can to ensure that procreation and parenting follows from a truly voluntary decision on the part of its citizens. -/- . (shrink)

Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children develop the skills (...) necessary to make meaningful choices about whether or not to exercise their basic capabilities. Importantly, in order to show respect for parents who do not necessarily recognize autonomy as a value, we argue that the liberal state, via its system of public education, should take on the role of ensuring that all children within the state develop a sufficient degree of comprehensive autonomy. (shrink)

It is often stated in international and domestic legal documents that children have a right to be loved. Yet there is very little explanation of why this right exists or what it entails. Matthew Liao has recently sought to provide such an explanation by arguing that children have a right to be loved as a human right. I will examine Liao?s explanation and in turn argue that children do not have a right to be loved. The first part of the (...) paper will be concerned with showing that Liao cannot support his empirical claims. I will then argue that loving cannot be a duty, and that even if we were willing to concede that it is, love is not always accompanied by loving treatment. Finally, I consider two alternative interpretations of the right to be loved and argue that even given these, children do not have a right to be loved. (shrink)

At what age should children acquire adult rights? To what extent are parents morally permitted to shape the beliefs of their children? How should childbearing rights and resources be distributed? Matthew Clayton provides a controversial set of answers to these and related issues in this pivotal new work.

What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..