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The principle of autonomy of the child and the right to cultural identity

The principle of autonomy of the child and the right to cultural identity. Problem: Enabling the child to make independent decisions and to express her/his views in decisions about cultural practices or protect the child's right to cultural identity?

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The principle of autonomy of the child and the right to cultural identity

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  1. The principle of autonomy of the child and the right to cultural identity Problem: Enabling the child to make independent decisions and to express her/his views in decisions about cultural practices or protect the child's right to cultural identity? Is it possible to establish boundaries that balance the respect for cultural diversity and the context for development and autonomy of the child with respect of universal standards contained in the Convention on the Rights of the Child?

  2. The Rights of the Child 1924 – League of Nations - Geneva Declaration 1959 – UN General Assembly - Declaration of Rights of the Child UN, 20 November 1989, the Convention on the Rights of the Child; Participation andEmpowerment Protection

  3. Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

  4. The illusion of a universal consensus « universal value» of rights • Every human being is entitled to the same human rights protection of its fundamental interests. • Every human being should recognize the value of human rights. • The weight of tradition and religion

  5. PART 1: Slow Revolution: acceptance of the progressive autonomy of the child Title 1: The insured validity of the autonomy of the child Chapter 1: The recognition of the child as a subject of law Section 1: The abandonment of paternalistic practices Section 2: The search for proper protection

  6. PART 1: Slow Revolution: acceptance of the progressive autonomy of the child Title 1: The insured validity of the autonomy of the child • Chapter 2: The recognition of the competence of the child • Section 1: The confirmation of evolutionary theory skills • Section 2: Practical confirmation from the Gillick case

  7. PART 1: Slow Revolution: acceptance of the progressive autonomy of the child Title 2: The imperfect legal guarantee of the autonomy of the child • Chapter 1: The newly accepted role of the family and relatives • Section 1: The preservation of the family as a privileged interlocutor • Section 2: The deliberate modification of parental influence

  8. PART 1: Slow Revolution: acceptance of the progressive autonomy of the child Title 2: The imperfect legal guarantee of the autonomy of the child • Chapter 2: The conditions of an acceptable state interventionism • Section 1: Upholding the principle of subsidiarity • Section 2: The consideration of the best interests of the child

  9. PART 2: Delicate Resistance: cultural identity versus the autonomy of the child Title 1: The inevitable perception of children's rights through cultural identity • Chapter 1: The direct recognition of cultural difference on the basis of human rights • Section 1: The uncertain meaning of the concept of cultural identity of the child • Section 2: The elements lacking universal interpretation

  10. PART 2: Delicate Resistance: cultural identity versus the autonomy of the child Title 1: The inevitable perception of children's rights through cultural identity • Chapter 2: The blur effect of globalization and immigration on changing values • Section 1: The categorical dismissal of the cultural defense • Section 2: In search of an "intermediate" standard

  11. PART 2: Delicate Resistance: cultural identity versus the autonomy of the child Title 2: The "secondary" character of religious or cultural basis • Chapter 1: The conflict between the individual right to refuse treatment and the protection of an objective right to life of the child • Section 1: Protection at any cost the life of the minor • Section 2: Approach by the uncertainty of the clinical situation

  12. PART 2: Delicate Resistance: cultural identity versus the autonomy of the child Title 2: The "secondary" character of religious or cultural basis • Chapter 2: The collision between religious and cultural freedom and the right to physical integrity of the child: source paradoxes scary • Section 1: Excision: act contrary to law, but restored by the right • Section 2: Circumcision act contra legem but legitimized by the law

  13. Thankyou for your attention!!!

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