Right of the Child: History and Modernity — from Object of Care to Subject of Right

Introduction: A Change of Paradigm

The history of the rights of the child reflects the evolution of conceptions of childhood and the place of the child in society. Up to the 20th century, children were predominantly viewed as objects in the legal field — either under parental authority (Roman patria potestas) or under state guardianship and charity. Modernity is marked by the transition to the concept of the child as a subject of rights, possessing his own, inalienable freedoms and interests, which the state is obligated to protect. This is a fundamental shift from "the right to the child" to "the rights of the child".

Historical Premises: from Industrialization to Humanization

The modern concept of the rights of the child has been formed as a result of several key processes:

Industrial Revolution and the beginning of legislative protection: The widespread use of child labor on factories in the 18th-19th centuries led to the first laws on limiting the working day and age of children (e.g., the English Factory Acts of 1802 and 1833). This was the first step in recognizing the vulnerability of the child and the responsibility of the state.

Movement for the salvation of children and juvenile justice: At the turn of the 19th-20th centuries, in the United States and Europe, the movement "child savers" emerged, which fought against neglect and cruelty. The most important legal innovation was the creation of the first juvenile court in Chicago (1899), based on the idea of rehabilitation, not punishment.

The Declaration of the Rights of the Child in 1924 (Geneva Declaration): Adopted by the League of Nations at the initiative of Eglantyne Jebb, the founder of Save the Children, it first formulated five principles of international care for children. However, it was a moral, not legally binding document.

Key fact: In 1919, when the International Labour Organization (ILO) was created, one of its first conventions was Convention No. 5 on the Minimum Age for Admission to Employment in Industry (1919), setting the bar at 14 years. This showed that the protection of children had become part of global social policy.

The Convention on the Rights of the Child 1989: a revolutionary document

Adopted by the General Assembly of the United Nations on November 20, 1989, the Convention on the Rights of the Child (CRC) became the fastest and most widely ratified international treaty in history (it was ratified by all UN member states except the United States). This is not a declaration, but a legally binding instrument based on four fundamental principles:

Non-discrimination (Article 2).

The best interest of the child (Article 3) — the principle that should be the primary consideration in any action concerning children.

The right to life, survival and development (Article 6).

Respect for the views of the child (Article 12) — the right of the child to freely express his opinion on issues affecting him and to be heard. This is the cornerstone of the idea of the child as a subject.

The Convention unites three groups of rights:

Rights to ensure (the right to a name, citizenship, education, health care).

Rights to protection (from cruelty, exploitation, abduction).

Rights to participate (freedom of thought, conscience, religion, access to information, participation in public life).

Example of implementation: Norway, starting in the 1980s, has consistently implemented the principle of Article 12 through the institution of the Ombudsman for Children (Barneombudet) and mandatory procedures for "hearing the child" in family courts, schools, and municipalities.

Current Challenges and Expansion of the Agenda

For 30+ years after the adoption of the CRC, the context has changed, raising new challenges:

The digital environment: The rights of the child have encountered new risks (cyberbullying, grooming, exploitation of personal data) and opportunities. The response has been the emergence of the concept of digital rights of children. In 2021, the UN Committee on the Rights of the Child issued General Comment No. 25, specifying the application of the CRC in the digital space.

Climate change: Children are recognized as the most vulnerable group to the consequences of the climate crisis (malnutrition, diseases, psychological trauma). This has given rise to the movement for climate justice for children and the first strategic lawsuits where children (such as in the case "Children against Climate Crisis" in the European Court of Human Rights) demand that states fulfill their obligations to protect their future.

Migration and refugees: Millions of children worldwide are in situations of forced displacement. The Convention requires states to ensure the protection of child refugees and migrants regardless of their status, which often conflicts with migration policy.

Interesting fact: In 2020, Susanne Pretzler, a 16-year-old activist from Austria, filed a complaint with the UN Committee on the Rights of the Child against five countries (Argentina, Brazil, France, Germany, Turkey) for inaction in the field of climate change, claiming that this violates her rights to life, health, and culture. Although the committee did not recognize a violation for procedural reasons, it clearly stated for the first time that a state can be held responsible for climate damage caused to children outside its borders if it is a major emitter.

Criticism and Discussions

The realization of the rights of the child is subject to criticism:

Cultural relativism: The universality of the rights of the child is challenged by some states and cultures that assert the priority of traditional family values and parental rights.

Overprotection vs. autonomy: The balance between the protection of the child and respect for his growing autonomy remains a subject of dispute. The concept of "right to risk" in the development of the child sometimes contradicts the principle of safety.

Institutional problems: In many countries, the child protection system remains penal and institutional (orphanages), rather than family-oriented, which contradicts the spirit of the Convention.

Conclusion: from formal norms to real participation

The history of the rights of the child demonstrates impressive progress: from complete disfranchisement to recognition at the highest international level. The 1989 Convention has set a universal standard. However, modernity shows that the formal consolidation of rights is not enough.

The future of the rights of the child lies in the realization of the right to participation. This means not just consultations with children, but their inclusion in decision-making processes in the family, school, city, and at the global level on issues that concern them — from the design of the school playground to climate policy. The era when adults make decisions for children is coming to an end. The new paradigm requires that adults make decisions together with children, recognizing their competence and unique view of the world. The rights of the child cease to be just a set of protective measures, becoming a tool for building a more inclusive, fair, and sustainable society for all.
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