Children, Rights, and Powers

Abstract

A long-standing debate on the concept of rights sets the so-called choice theory in contrast to the interest theory. As has been noted in the literature, the debate is relevant for the question of whether children can be conceived as rights-holders at all. This essay reflects on the concept of rights as applied to children, motivated by the view that instead of settling the conceptual issue, we should directly discuss the moral status of children as possible rights-holders. In this way, two main insights are gained. First, it is pointed out that the moral position of children – if they have rights – is very different from the status of adult rights-holders. Second, it is made clear that regardless of whether children have rights, the focus on duties towards children, rather than a focus on their rights, provides us with a clearer picture of children’s moral status.