International Journal of Children’s Rights 16 (2008) 523–543
© Koninklijke Brill NV, Leiden, 2008 DOI 10.1163/157181808X312122
www.brill.nl/chil
Human Rights in Light of Childhood
John Wall
Departments of Philosophy and Religion and Childhood Studies, Rutgers University
Abstract
his essay argues that children’s rights will adequately transform societies only when the very
concept of “human rights” is reimagined in light of childhood. In this case, human rights would be
understood as grounded, not in modernist ideas of autonomy, liberty, entitlement, or even agency,
but in a postmodern circle of responsibility to one another. his “childist” interpretation of rights
is constructed by examining various forms of child-centered ethical theory in Western history; their
impacts on major human rights theories of the Enlightenment and today; alternative visions implied
in twentieth century international children’s rights agreements; new theoretical groundings arising
out of postmodern ethics; and the possibility of human rights as truly including all humanity.
Keywords
childhood; children’s rights; human rights; responsibility; humanity; otherness; postmodernity
he language of “human rights” has increasingly been applied to children over
the past century through national laws and international agreements such as the
United Nations 1989 Convention on the Rights of the Child. he notion of
children’s rights has wrought a historical sea change in how children are perceived
and treated as members and participants in societies. At the same time, despite
many gains, actual children around the world during this period have remained
frustratingly marginalized, whether through poverty, ill health, lack of education,
gender discrimination, child soldiering, or any number of other indicators of
social well-being.
his essay argues that the gap between children’s rights ideals and realities does
not result entirely from a lack of practical resources and implementation. Nor, as
some claim, is it that rights language is not appropriate for addressing children’s
social issues. he deeper problem lies in how to understand “human rights”
as such.
1
Despite the fact that children under 18 constitute a third of all human-
ity, human rights continue to be ethically grounded in the experiences and per-
spectives of adults. Children will remain second class citizens until the very idea
of human rights is creatively rethought in light of childhood. Such a fundamental
1)
I use the term “human rights” in the “moral” rather than “legal” sense, referring to rights that
should be held by human beings whether or not they are actually instituted in national or
international law.