The (dis)ability of child rights?

Journal article


Clark, Sevda. (2018). The (dis)ability of child rights? Oslow Law Review. 5(1), pp. 42-66. https://doi.org/10.18261/issn.2387-3299-2018-01-03
AuthorsClark, Sevda
Abstract

This paper offers a deconstruction of the framing of childhood and child rights as ‘disability’, arguing for a strengthening of the legal personhood of children, based on the revolution of personhood and the re-making of the human condition in the disability rights movement. As the general debate on children’s legal capacity and standing tends to take place from within the traditional liberal and existing legal paradigms of children’s rights – which emphasise the legal disability of children and their lack of agency – it occurs in isolation from the broader theoretical debates on personhood and capacity. In re-imagining disability, new insights can be gained by reflecting on the scholarship from other perspectives, such as disability theory.

Keywordschild rights; disability theory; legal personhood; legal agency; ideology
Year2018
JournalOslow Law Review
Journal citation5 (1), pp. 42-66
PublisherUniversity of Oslo
ISSN2387-3299
Digital Object Identifier (DOI)https://doi.org/10.18261/issn.2387-3299-2018-01-03
Open accessOpen access
Page range42-66
Publisher's version
License
File Access Level
Open
Output statusPublished
Publication dates
Online09 May 2018
Publication process dates
Deposited19 May 2023
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