PHILOSOPHICAL FOUNDATIONS AND LEGAL MECHANISMS FOR THE PROTECTION OF CHILD RIGHTS
In the 21st century, the issue of child rights has emerged as one of the most complex and multidimensional fields of research, bridging philosophical anthropology, practical ethics, political philosophy, international, civil (private), and constitutional law, criminology, and social policy. This paper aims to provide a critical and systematic analysis of the concept of child rights through two key dimensions: the exploration of its philosophical foundations and the empirical-normative evaluation of existing legal mechanisms. The philosophical inquiry is based on a synthetic approach that draws from both analytic and continental traditions of philosophy. Particular emphasis is placed on the ontological and epistemological justification of child rights. The analysis includes the classical authors (Locke, Rousseau, Kant) as well as contemporary theorists (Rawls, Nozick, Dworkin, Sen, Nussbaum, MacIntyre), enabling an in-depth examination of the dilemma between paternalism and autonomy. The legal dimension of the paper focuses on international (particularly the 1989 UN Convention on the Rights of the Child and its Optional Protocols), regional, and national legal frameworks. Special attention is paid to contemporary challenges, including the specificities of the digital age, multiculturalism, and the dilemma of universal rights. The article analyses landmark rulings of the European Court of Human Rights, general comments of the UN Committee on the Rights of the Child, and the implementation practices of the Third Optional Protocol. The study seeks to foster an integrated understanding of philosophical and legal approaches to child rights. The research is grounded in an interdisciplinary methodology, combining legal, ethical, and philosophical methods. It employs the dogmatic-legal approach, referencing general comments by the UN Committee on the Rights of the Child and relevant case law of the European Court of Human Rights. The authors identify systemic challenges and propose recommendations to enhance the effectiveness of child rights protection mechanisms.
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2025-07-30
- DOI
- https://doi.org/10.5281/zenodo.16615328
- Primary Topic
- Children's Rights and Participation
- Type
- article
- Field-Weighted Citation Impact
- 0.00