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The (dis)ability of child rights?
Clark, Sevda
Clark, Sevda
Author
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.
Keywords
child rights, disability theory, legal personhood, legal agency, ideology
Date
2018
Type
Journal article
Journal
Oslow Law Review
Book
Volume
5
Issue
1
Page Range
42-66
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
Collections
Relation URI
Source URL
Event URL
Open Access Status
Open access
License
CC BY 4.0
File Access
Open
Notes
Diamond open access.