Children after war: From moral development claims to welfare and agency rights

Q4 Social Sciences
Giorgia Brucato
{"title":"Children after war: From moral development claims to welfare and agency rights","authors":"Giorgia Brucato","doi":"10.1556/2052.2023.00437","DOIUrl":null,"url":null,"abstract":"Within a framework of rights that protects children's interests and seek to balance their developing interests in welfare and agency, I consider how contexts of war impact children's lives to argue that such contexts provide opportunities to advance or set back both the development of moral powers, namely capacities for a sense of justice and a conception of the good, and capacities for autonomy. Besides an interest in satisfying their basic needs and protection, children have an interest in developing their moral powers and growing into autonomous agents. Evidence shows great variation in children's responses to traumatic circumstances, from severe psychological disorders to enhanced resiliency and moral reasoning. As moral powers and autonomy ground the permissibility for paternalistic treatment and the exclusion of children from certain rights, I argue that once the war is over children are entitled to an adequate assessment of how their interests and capacities have changed. For children whose development was set back, states should grant opportunities for recovery and further development, which suggests strengthening welfare and protection rights; while for children whose development was advanced, states should recognize such advancement and grant opportunities for the exercise of their newfound capacities, which suggests granting certain agency rights alongside welfare and protection.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hungarian Journal of Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1556/2052.2023.00437","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0

Abstract

Within a framework of rights that protects children's interests and seek to balance their developing interests in welfare and agency, I consider how contexts of war impact children's lives to argue that such contexts provide opportunities to advance or set back both the development of moral powers, namely capacities for a sense of justice and a conception of the good, and capacities for autonomy. Besides an interest in satisfying their basic needs and protection, children have an interest in developing their moral powers and growing into autonomous agents. Evidence shows great variation in children's responses to traumatic circumstances, from severe psychological disorders to enhanced resiliency and moral reasoning. As moral powers and autonomy ground the permissibility for paternalistic treatment and the exclusion of children from certain rights, I argue that once the war is over children are entitled to an adequate assessment of how their interests and capacities have changed. For children whose development was set back, states should grant opportunities for recovery and further development, which suggests strengthening welfare and protection rights; while for children whose development was advanced, states should recognize such advancement and grant opportunities for the exercise of their newfound capacities, which suggests granting certain agency rights alongside welfare and protection.
战后儿童:从道德发展要求到福利和代理权
在保护儿童利益的权利框架内,我力求平衡儿童在福利和代理权方面不断发展的利益,我考虑了战争环境如何影响儿童的生活,认为战争环境为儿童道德力量的发展(即正义感和善的概念)和自主能力的发展提供了机会。除了满足儿童的基本需求和保护儿童的利益之外,儿童还希望发展自己的道德力量,成长为自主的人。有证据表明,儿童对创伤环境的反应差异很大,有的会出现严重的心理障碍,有的则会增强恢复能力和道德推理能力。由于道德力量和自主性是允许家长式待遇和将儿童排除在某些权利之外的基础,我认为,一旦战争结束,儿童有权对其利益和能力的变化进行充分评估。对于发展受挫的儿童,国家应给予恢复和进一步发展的机会,这就意味着要加强福利和保护权;而对于发展进步的儿童,国家应承认这种进步,并给予行使其新发现的能力的机会,这就意味着在给予福利和保护的同时,还要给予某些代理权。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
CiteScore
1.20
自引率
0.00%
发文量
21
期刊介绍: Acta Juridica presents the achievements of the legal sciences and legal scholars in Hungary and details of the Hungarian legislation and legal literature. The journal accepts articles from every field of the legal sciences. Recently, the editors have encouraged contributions from outside Hungary, with the aim of covering the legal sciences in the whole of Central and Eastern Europe. Publishes book reviews and advertisements.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信