Rights, obligations and the public sphere: Arguments and options for securing just policies for young people

Abstract

Children and young people have too easily been subjected to state-sponsored mistreatment and neglect. One primary reason for the discriminatory and often hostile conduct directed at them by agencies ostensibly established to promote their welfare is that they have been ‘constructed’ as dangerous and ‘antisocial’, or as dependent, incompetent and naïve. A key aim of this article is to promote discussion about the significance of children's and young people's status as a key determinant of policies which routinely override their basic rights. The article argues that attention needs to be given to how child and youth policies can be developed more securely within a justice framework.I argue that, if we are serious about developing both just policies and ethical relationships with young people, we need to recognise the role played by dominant narratives about young people in shaping policies. Once this is achieved, attention can then be directed towards how those identities might be contested and reconstructed. I offer a number of suggestions for securing ethical treatment of young people which includes respecting them as fully-fledged human beings and citizens. I argue that challenging common-sense understandings of young people as dependent, not fully intellectually or morally competent, etc, can inform policies in ways that secure young people's entitlements as full citizens. In particular one way of challenging popular views about young people is to increase their involvement in the public sphere. The fact that most young people cannot currently claim rights for themselves directly is no reason for denying them. Indeed it is a good reason for securing mechanisms for monitoring those who have children in their care and to intervene to put those rights into effect. I also make a case for embedding young people's rights into an account of obligations that can be used to secure respectful and just conduct on the part of older people who have young people in their care.