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Children’s rights and duties - Facebook
Those who say that drawing a line between adults and children inrespect of their possession of rights is arbitrary may mean differentthings. To deny that different capacities are progressively acquired atdifferent ages is implausible. To insist that drawing a line as such iswrong ignores the point of doing so, and recourse to the alternative ofa competency test is not appropriate or practicable. On the standardview children have welfare but not liberty rights, whereas adults haveboth. Adults also have the right that their childhood selves shall growup to be adults of a certain sort. Children do not have an interest inremaining in childhood.
The Gillick judgement arose from the dissatisfaction of a motherwith the failure of her local health authority to withdraw an advisorycircular to the area's doctors. This advised doctors that they couldcounsel and inform young girls under the age of 16 about sexual mattersas well as provide them with contraception, and that they could do thiswithout the consent of the child's parents. The mother, VictoriaGillick, went to court to have the circular declared unlawful. Thefinal judgement by the British House of Lords was that the circular wasnot unlawful. A key issue, relevant to the present discussion,concerned the proper relationship between the child's right to decidefor itself and the parent's right to decide for the child.
Essay on Rights and Responsibilities at Work
It would strengthen the analogy if professors took an oath thattheir fundamental duty was to teach their students in a rigorous wayand to do scholarly research without regard to who might be offended.
Let me take the first claim first. The question of qualification isthe question of whether children have the requisite capacity forrights. On the will theory of rights the capacity to exercise choice isa necessary condition of having a right. If children lack such acapacity they cannot, on the will theory at least, possess rights. Ifthey do have a capacity of choice then, on the will theory at least,they can have rights. The relevant capacity qualifying children forpossession of rights is that of the ability to choose. But there is amore general issue of capacity that is in dispute whatever theory ofrights is defended and that follows from attention to the fact thatrights have a content. Each right is a right to do, to be or tohave something. Arguably only those rights can be possessed whosecontent can be appropriately attributed to their owners. A right tofree speech cannot properly be possessed by an entity incapable ofspeech. One conventional way to think of rights in terms of theircontent is to distinguish between liberty rights (rights to choose,such as to vote, practise a religion, and to associate) and welfarerights (rights that protect important interests such as health).
Parental Rights and Responsibilities Essay - 453 Words
Civil rights — such as voting and owning property — in early America were mostly restricted to white men. Most African Americans were brought to America as slaves who, under the Constitution, were only counted as three-fifths of a person. After the Civil War slavery was abolished by the 13th Amendment, and voting rights were granted to African Americans in the 15th Amendment. But the most important change of the post-Civil War era was the 14th Amendment's famous clause: "No State shall ... deny to any person within its jurisdiction the equal protection of the laws."
...nlike the ICCPR, the ICESCR has preventive measures against economic exploitation of children an also to alleviate the causes of trafficking but the state's obligation is not adequate to address the victim assistance program as it is quite related with economic, social and cultural rights of the children.
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Parental rights and responsibilities ..
Fourth, the English courts at least have detected a fundamentalasymmetry between refusing and choosing to have treatment. A competentadult has a right both to choose to have treatment and to refuseit. Should this not also be the case with a competent child? A15-year-old who wants to have a particular operation against herparents' wishes and even contrary to the best judgement of her doctorsmay be judged competent and thus have her wishes respected. Howeverthe English courts in a series of judgements after Gillick have arguedthat matters are somehow different when it is a case of a childrefusing an operation.
Children's Rights and Responsibilities
Second, on either the threshold or the proportionality account we needa measure of that ability that marks the threshold or is simplyprogressively acquired. How much intelligence and understanding, forinstance, is sufficient? In the first place this measure must be takenindependently of any judgement of what is in the child's bestinterest. That a child would choose what is taken to be in her bestinterests is at most evidence that she does have sufficientintelligence and understanding of the relevant issue. Her making sucha choice is not a necessary condition of her having the requisiteability. Similarly the making by a child of a poor choice is notconclusive evidence of her general incapacity to choose forherself. Wise adults can occasionally make stupid decisions just asfools sometimes get it right.
You have the right to: Be treated kindly and with respect
Let me now discuss various issues that arise. First, what does it meanfor a child to get to a particular point in their development? On whatcould be called the threshold interpretation once a child has achieveda certain level of competence her views as to what shall happen to herhave a determinate weight, either amounting to a liberty right ofchoice (on a strong version) or (on a weak version) being counted inthe balance against her parents' views and the state's judgement ofher best interests. On what could be called the proportionalityinterpretation the child's views progressively increase in weight asshe gains a greater competence to choose for herself. They increase upto the acquisition of a full liberty right of choice.
Essay on Rights and Responsibilities of Citizens for …
I would hold that as a matter of law the parental right to determinewhether or not their minor child below the age of 16 will have medicaltreatment terminates if and when the child achieves a sufficientunderstanding and intelligence to enable him to understand fully whatis proposed. (Gillick  186, 188–9)
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