Children's Rights: History and Modernity — From Object of Care to Subject of Rights

Introduction: A Shift in Paradigm

The history of children's rights reflects the evolution of perceptions of childhood and the child's place in society. Up until the 20th century, children were predominantly viewed as objects in the legal field — either under parental authority (Roman patria potestas) or under state guardianship and charity. Modernity is marked by a shift to the concept of the child as a subject of rights, possessing their own inalienable freedoms and interests that the state is obligated to protect. This fundamental shift is from "the right to the child" to "the rights of the child".

Historical Premises: From Industrialization to Humanization

The modern concept of children's rights has emerged as a result of several key processes:

Industrial Revolution and the beginning of legislative protection: The widespread use of child labor on factories in the 18th and 19th centuries led to the first laws on limiting the working day and age of children (e.g., the English Factory Acts of 1802 and 1833). This was the first step in recognizing the vulnerability of the child and the state's responsibility.

The Movement for the Rescue of Children and Juvenile Justice: At the turn of the 19th and 20th centuries, in the United States and Europe, a movement known as "child savers" emerged to combat neglect and cruelty. A major legal innovation was the establishment of the first juvenile court in Chicago (1899), based on the idea of rehabilitation rather than punishment.

The 1924 Declaration of the Rights of the Child (Geneva Declaration): Adopted by the League of Nations at the initiative of Eglantyne Jebb, the founder of Save the Children, it first formulated five principles of international care for children. However, it was a moral rather than a legally binding document.

Key fact: In 1919, when the International Labor Organization (ILO) was established, one of its first conventions was Convention No. 5 on the Minimum Age for Admission to Employment in Industry (1919), setting the threshold at 14 years. This showed that child protection had become part of global social policy.

The 1989 Convention on the Rights of the Child: A Revolutionary Document

Adopted by the UN General Assembly on November 20, 1989, the Convention on the Rights of the Child (CRC) became the most rapidly and widely ratified international treaty in history (it was ratified by all UN member states except the United States). It is not a declaration but a legally binding instrument based on four fundamental principles:

Non-discrimination (Article 2).

The best interests of the child (Article 3) — the principle that should be the primary consideration in any action concerning children.

The right to life, survival, and development (Article 6).

Respect for the views of the child (Article 12) — the right of the child to freely express their opinion on matters affecting them and to be heard. This is the cornerstone of the idea of the child as a subject.

The Convention encompasses three groups of rights:

Rights to provision (the right to name, citizenship, education, health care).

Rights to protection (from abuse, exploitation, abduction).

Rights to participation (freedom of thought, conscience, religion, access to information, participation in public life).

Example of implementation: Norway, starting in the 1980s, has consistently implemented the principles of Article 12 through the institution of the Ombudsman for Children (Barneombudet) and mandatory procedures for "hearing the child" in family courts, schools, and municipalities.

Contemporary Challenges and the Expansion of the Agenda

For 30+ years after the adoption of the CRC, the context has changed, bringing new challenges:

The digital environment: Children's rights have encountered new risks (cyberbullying, grooming, exploitation of personal data) and opportunities. The response has been the emergence of the concept of digital rights of children. The UN Committee on the Rights of the Child issued General Comment No. 25 in 2021, specifying the application of the CRC in the digital space.

Climate change: Children are recognized as the most vulnerable group to the consequences of the climate crisis (malnutrition, diseases, psychological trauma). This has given rise to a movement for climate justice for children and the first strategic lawsuits, where children (such as in the case "Children against Climate Crisis" at the European Court of Human Rights) demand that states fulfill their obligations to protect their future.

Migration and refugees: Millions of children worldwide are in situations of forced displacement. The Convention requires states to ensure the protection of child refugees and migrants regardless of their status, which often conflicts with migration policy.

Interesting fact: In 2020, Susanne Pristl, a 16-year-old activist from Austria, filed a complaint with the UN Committee on the Rights of the Child against five countries (Argentina, Brazil, France, Germany, Turkey) for inaction in the area of climate change, claiming that this violates her rights to life, health, and culture. Although the committee did not recognize a violation for procedural reasons, it first clearly stated that a state can be held responsible for climate damage caused to children outside its borders if it is a major emitter.

Criticism and Debates

The realization of children's rights faces criticism:

Cultural relativism: The universality of children's rights is challenged by some states and cultures that claim the primacy of traditional family values and parental rights.

Overprotection vs. autonomy: The balance between protecting the child and respecting their growing autonomy remains a subject of debate. The concept of "the right to risk" in child development sometimes contradicts the principle of safety.

Institutional problems: In many countries, the child protection system remains punitive and institutional (orphanages), rather than family-oriented, which contradicts the spirit of the Convention.

Conclusion: From Formal Norms to Real Participation

The history of children's rights demonstrates impressive progress: from complete disfranchisement to recognition at the highest international level. The 1989 Convention set a universal standard. However, modernity shows that formal codification of rights is insufficient.

The future of children's rights lies in the realization of the right to participation. This means not just consulting with children but including them in decision-making processes at the family, school, city, and global levels on issues that concern them — from designing the school playground to climate policy. The era when adults decide for children is coming to an end. The new paradigm requires adults to make decisions together with children, recognizing their competence and unique perspective on the world. Children's rights cease to be just a set of protective measures, becoming an instrument for building a more inclusive, just, and sustainable society for all.
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