Abstract

Moral rights are often characterized as having a special relationship to agency. But the link between agency and rights is often thought to pose an obstacle to the attribution of rights to children. Since children are not mature agents, they cannot be proper bearers of rights or at least of rights grounded in agency. This paper provides a way around this obstacle. Drawing on a form of constructivism, I argue that some rights can be attributed to children in virtue of their status as juvenile agents. I offer a characterization of the agency of children and to indicate how it provides a justificatory basis for distinctive rights of children.

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