Paternalism and the young

Abstract

A critical analysis is made of the concept of paternalism, and the manner in which protective measures on behalf of children often result in a denial of rights to the young. The article challenges the assumption that parents invariably know the needs of their own children, and accordingly act on their behalf. Similar reservations are made as to the capacity of official caretakers acting as agents of the state, to replace parents who are at fault. Conversely, it is suggested that children often have greater capabilities to function independently than is generally acknowledged. However, attention is also drawn to the defects in the arguments of some child-rights advocates. In sum, the article argues for the need to seek out legitimate paternalistic practices where genuinely needed, where sufficient consideration has been given to the capacities of the young for an independent life, and where sufficient sensitivity has been shown to their aspirations.