Misanthropy without borders: the international children's rights regime.

Abstract

The issue of children's rights has become key to human rights-based international security strategies. The UN Convention on the Rights of the Child (1989) is being operationalised in complex political emergencies. Children's rights now inform humanitarian principles. Universal concern for children is viewed as transcending political and social divides and able to mobilise societies to confront social problems and prevent war. The operationalisation of child rights is accompanied by the development of psycho-social programmes to rehabilitate the child victim. Critically analysing the implications of the children's rights regime for the right to self-determination, the paper unpacks the assumptions underlying children's rights and psycho-social intervention. The paper begins by examining the conceptualisation of the rights-holding subject universalised under the UN Convention and then goes on to consider Article 39 on the right to psycho-social intervention. Equally important as the novel conceptualisation of childhood and children's rights under the international children's rights regime is the (unspoken) mistrust of adulthood and political rights that informs the imperative to institutionalise children's rights as higher law. Moreover while the rights-based approach consciously sought to move away from the earlier moralising child-salvation model, psycho-social rehabilitation reveals a similar preoccupation with deviancy, but conducted through the paradigm of psychological functionalism. Rather than representing a trend towards more humane international relations, the paper suggests that the elevation of children's rights is premised on a profound disenchantment with humanity. The logical implication of the international children's rights regime is to challenge both the moral and political capacity of individuals and their right to self-determination and to institutionalise a more unequal international system.