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Rights, obligations and the public sphere: Arguments and options for securing just policies for young people
Published online by Cambridge University Press: 29 February 2016
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.
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- Research Article
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- Copyright © Cambridge University Press 2002
References
Angus, G. & Woodward, S. (1995) Child abuse and neglect Australia 1993-1994, Child Welfare Series, No 13, Australian Institute of Health and Welfare, AGPS, Canberra.Google Scholar
ATSIC (Aboriginal and Torres Strait Islander Commission) (1999) Please Explain: Summary of ATSICS's Report to the UN Committee on the Elimination of Racial Discrimination, ATSIC.Google Scholar
Australian Council of Social Service (ACOSS) (2000) Doling out the punishment: The rise and rise of social security penalties, ACOSS, Sydney.Google Scholar
Australian Industrial Relations Commission (1999) Junior Rates Inquiry: Report of the Full Bench Inquiring Under Section 120B of the Workplace Relations Acts 1996, Commonwealth of Australia, Canberra.Google Scholar
Coldrey, B. (1993) The Scheme: The Christian Brothers and Child Care in Western Australia, Anglo-Pacific Press, Christian Brothers Provincial, Perth.Google Scholar
Danziger, K. (1990) Constructing the Subject: Historical Origins of Psychological Research, Cambridge University Press, NY.Google Scholar
Davies, K. (1994) When Innocence Trembles, Angus and Robertson, Harper Collins, Sydney.Google Scholar
Fernandez-Armestos, F. (1997) Truth: A History and Guide for the Perplexed, Black Swan, London.Google Scholar
Foucault, M. (1973) The Order of Things: An Archeology of the Human Sciences, Vintage, NY.Google Scholar
Fraser, N. (1995) ‘Politics, culture and the public sphere: toward a postmodern conception’, in Nicholson, L.. & Seidman, S. (eds), Social Postmodernism: beyond identity politics, Cambridge University press, NY, pp.287–314.Google Scholar
Fredman, J. & Green, S. (1994) In Whose Care?, Missions to the Streets and Lanes, Melbourne.Google Scholar
Gaita, R. (1999) A Common Humanity: Thinking about love and truth and justice, Text, Melbourne.Google Scholar
Gerster, R. & Bassett, J. (1991) Seizures of Youth: The Sixties and Australia, Hyland House.Google Scholar
Gill, A. (1997) Orphans of the Empire: The Shocking Story of Child Migration to Australia, Vintage, Sydney.Google Scholar
Gregory, R.G. & Hunter, B. (1995) The Macro Economy and the Growth of Ghettos and Urban Poverty in Australia, Discussion Paper, 325, ANU, Canberra.Google Scholar
Habermas, J. (1989) The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society, Tans, Thomas Burger with Frederick Lawrence, MIT, Press, Cambridge.Google Scholar
Habermas, J. (1997) Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, MIT, Cambridge, USA.Google Scholar
Hall, G. Stanley (1905) Adolescence: its psychology and its relations to physiology, anthropology, sociology, sex, crime, religion and education, London, Sydney Appleton, Vol 1 and 2.Google Scholar
Jones, M. & Basser Marks, L. (1994) “The dynamic developmental model of the rights of the child: A feminist approach to rights and sterilisation’, International Journal of Children's Rights, 2, pp.265–291.Google Scholar
Langley, G. (1992) A Decade of Dissent: Vietnam and the Conflict on the Australian Homefront, Allen and Unwin.Google Scholar
Madden, J. (2000) Youth at the Centre: Governing with Young Victorians, Ministerial Statement, April.Google Scholar
Marshall, T.H. (1950) Citizenship and Social Class, Cambridge University Press, Cambridge.Google Scholar
Moloney, L. (1995) ‘Children's Rights in Family Law Disputes: Issues of Process and Outcome’, Family Matters, No. 40, pp.4–9.Google Scholar
National Children's and Youth Law Centre (1994) Convenant on Civil and Political Rights: Submission on Australia's Compliance, August.Google Scholar
National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families (1997) Bringing them Home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, Canberra: Human Rights and Equal Opportunity Commission.Google Scholar
O'Neil, J. (1994) The Missing Child In Liberal Theory: Towards a Covenant Theory of Family, Community, Welfare and the Civic State, University of Toronto Press, Toronto.Google Scholar
O'Neill, O. (1989) Constructions of Reason: Explorations of Kant's Practical Philosophy, Cambridge University Press, NY.Google Scholar
Pixley, J. (1993) Citizenship and Employment: Investigating Post-Industrial Options, Cambridge University Press, Melbourne.Google Scholar
Poovey, M. (1998) A History of the Modern Fact: Problems of Knowledge in the Science of Wealth and Society, University of Chicago Press, Chicago.Google Scholar
Queensland Commission of Inquiry into Abuse of Children in Queensland Institutions (1999) Report of the Queensland Commission of Inquiry into the Abuse of Children in Queensland Institutions, Brisbane, Qld.Google Scholar
Rayner, M. (1992) ‘Children's Voices, Adults’ Choices: Children's rights to legal representation’, Family Matters, No.33, pp.4–10.Google Scholar
Rayner, M. (1994) ‘Human Rights and Community Interests’, Family Matters, No. 37, pp.60–66.Google Scholar
Rayner, M. (1995) ‘It ain't justice when children's rights can be ignored’, Age, 22 May.Google Scholar
Read, R. (1998) The Stolen Generation: The removal of Aboriginal children in NSW 1883 to 1969, NSW Dept Aboriginal Affairs, Sydney.Google Scholar
Rose, N. (1989) Governing the Soul: The Shaping of the Private Self, London Routledge.Google Scholar
Sidoti, C. (1998) ‘Civil Rights and Young People – The Next Frontier,’ Just Policy: A Journal of Australian Social Policy, pp.31–39.Google Scholar
Turner, B. (ed) (1991) Citizenship, Civil Society and Social Cohesion, Swindon, Economic and Social Research Council.Google Scholar
Vinson, T. (1999) Unequal Life: the distribution of social disadvantage in Victoria and New South Wales, Ignatius Centre for Social Policy and Research, Melbourne.Google Scholar
White, R., Murray, G. & Robbins, N. (1996) Negotiating Youth Specific Public Space: A Guide for Youth and Community Workers, Town Planners and Local Councils, Australian Youth Foundation, Sydney.Google Scholar
Wood Commission (Royal Commission into the New South Wales Police Service) (1997) Final Report, Volumes IV.V.VI: The Paedophile Inquiry, Sydney: Royal Commission into the NSW Police Service.Google Scholar
Zelizer, V. (1994) Pricing the Priceless Child: The Changing Social Value of Children, Princeton University Press, New Jersey.Google Scholar