Children's rights: fact or fiction a philosophical enquiry into the justification and implications of acknowledging children's rights

Abstract

Children are denied rights on the grounds that they are children and therefore do not have the necessary agency. I argue that children should be granted dual rights, those we have by nature of being human and special rights which will be granted in such a way that they can act upon them. I initially look at agency as having two aspects, namely choice and “voice”. I then consider various views of rights and views of children. My position on children’s rights is based on the concept of group identity which I explore in detail. Finally I discuss the implications of children’s rights for education in the South African context. Key Words Children, Rights, Ms Young, Political Groups, Assimilation, Agency, Human Rights.