An essay on cultural relativism and universal childrens rights

In what follows this definition will be assumed. Some think it obvious that children do have rights and believe that the only interesting question is whether children possess all and only those rights which adults possess. Others are sceptical believing that given the nature both of rights and of children it is wrong to think of children as right-holders.

An essay on cultural relativism and universal childrens rights

Hire Writer It is the latter rights that are regarded as being most problematic in some universal sense. This paper is not an attempt to cast doubt on the concept of children as having the capacity to be right-holders in any sense.

My position is based on an interest rather than a choice conception of rights. A version of the former of these can quite comfortably accommodate the notion of children as holders of rights of various kinds.

Choice theory however more or less precludes the possibility of children being competent to hold rights, as it regards rights in a structural sense as being constituted by the power to either waive or enforce the duties of others. As a result, at least in the case of infants and the very young, but legally also those under 18, the inability to exercise this power effectively rules out children as being competent to be the holders of rights.

Interest theory however considers rights to be generated by the fundamental interests of their holders, which then justifies holding others to be under a duty to honour those rights.

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Interest theory is therefore a more 1 Pupavac, Briefly that position holds that concepts of human well-being vary to such a great extent throughout the world that no meaningful concept of the right or wrong! However it is acknowledged that this bedrock underlies strata of vastly different conceptions of how these fundamental rights are to be attained and indeed what they can be taken to require in different contexts.

One further point of clarification may be in order. It is beyond the scope of this paper to address the question of whether there can be any universal natural or human rights at all, and if so what would be included under that heading.

An essay on cultural relativism and universal childrens rights

This is an issue upon which an enormous amount of polemical An essay on cultural relativism and universal childrens rights has been and continues to be spent. This paper regards it as established that some minimal conception or standard of human rights is so widely agreed upon as to make their existence axiomatic.

While not dismissing the debates surrounding the existence of any human rights, for the purposes of this paper it is assumed that these challenges are ones that can be satisfactorily addressed, both philosophically and empirically.

NMNH AnthroNotes Winter 98

The details of the centuries-old debate between choice and interest theory cannot be addressed in the context of this paper, but for a detailed account of the many dimensions of what is at issue between them see Kramer, M.

A Debate Over Rights. Clarendon Press 3 See Barry, To date it has state parties, with only the United States and Somalia remaining outside of the convention. The provisions of the CRC apply to all human beings under the age of 18, unless the child lives in a jurisdiction in which majority is attained earlier, in which case the state in question bears the burden of justifying specific lower age limits.

However, despite the almost universal signing of this convention, as well as its wide ratification, children remain among the most marginalized and abused human beings on earth.

These figures are just one example of how the plight of children in reality fails to mirror the theoretical commitment to honouring their rights contained in the CRC.

The problems with the enforcement of this convention are therefore enormous, not least of all because while it may be possible to reach broad agreement on general standards of right treatment for children around the world, in practice this translates into vastly different understandings of what such treatment can be taken to imply.

Furthermore there are many examples that challenge this universal conception of children, not least of all because children factually do behave in autonomous and adult ways that challenge the notion of them as passive loci of duties, rather than autonomous holders of rights.

Vanessa Pupavac argues that the supposed universal standards established by the CRC are based on Western standards and concepts of childhood. Also see Steiner and Alston, The reason these rights are included and restated in the CRC is of course because children are more vulnerable to their abuse.

So while these rights do not entail anything special about their holders at the level of their specification, they have special implications for children at the level of their enforcement. This is because a right to adequate nutrition or access to clean drinking water is not generated by the condition of being a child, but by the status of that child as a human child.

And as with the former type of rights referred to above, it is certainly the case that the duties with regard to children in this regard are more pressing and onerous, because children suffer more serious and permanent damage as a result of their lack. I would like to however exclude these rights from consideration in this paper.

So I refer back to my earlier point of clarification that 9 10 Enshrined in Article 19 of the CRC Articles 24 and 27 of the CRC 6 I am assuming that there is at least sufficiently wide agreement on these rights for them to be taken as given for the purposes of this discussion.

I would like to therefore put forward for consideration only those rights which children are deemed to have qua children rather than as human beings, or refugees, or any other rights-generating category. Most of these rights are what are known as derogable rights, as they are constituted by limitations that are placed on children in terms of the exercise of their liberty, as the practice in question is one that is regarded as inappropriate for children to be engaging in by virtue of their youth.

The human rights I have referred to above are of course nonderogable or inalienable as they cannot be limited in this way. In particular, they are charged with providing a minimum age s for admission to employment, regulation of hours and conditions, and for imposing sanctions for breach of these.

The extent of the problem of child labour cannot be exaggerated. According to ILO estimates, million children between the ages of 5 and 14 work in developing countries, and of those, This is not to suggest of course that they cannot be limited at all.

No right is absolute in the sense that it cannot be limited under certain circumstances where other rights considerations are brought to bear. This largely depends on the age of the child, the conditions in which the child works, and whether work prevents the child from going to school.

December marks the 50th anniversary of the Universal Declaration of Human Rights. On December 11th, The Washington Post p.

The concern is not therefore that children do not work at all, but rather that they are not forced to work, and more importantly not forced to work under circumstances detrimental to their health and well-being, and that disrupt their education.An Essay on Cultural Relativism and Universal Children’s Rights ( words, 4 pages) Cultural Relativism Vs Universal Childrens Rights Even though most moral codes are linked to cultural society, does not mean we have to accept cultural relativism when it comes to child abuse in any form.

Download-Theses Mercredi 10 juin tânisi! I see you are confused about what constitutes cultural appropriation.

I would like to provide you with resources and information on the subject so that you can better understand what our concerns are. I would also like to provide you with this stellar guide from Simon Fraser University called “Think Before You Appropriate“.

However, I also want you to have a brief summary of some. In the conflict between cultural relativism and universal rights, one area where there is a seeming clash between cultures and a war of words is where the West meets the Islamic world. The highly politicized context of this oppositional discourse and occasional real warfare reminds us of another kind of cold war between the U.S.

and the Soviet. Soraya ghebleh essay on human rights and cultural relativism A small exert from Jack Donnelly book Cultural Relativism and Universal Human Rights. from cultural relativism essay Interview with Cultural Relativist - IB TOK - Essay Writing. Critical understanding of the application of children's rights.

The UN Convention on the rights of a child has been ratified by countries. It is built on varied legal systems and cultural traditions, the Convention on the Rights of the Child is a universally agreed .