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Waiting for Children’s Rights Theory

In: The International Journal of Children's Rights
Authors:
Karl Hanson Centre for Children’s Rights Studies, University of Geneva, Geneva, Switzerland, karl.hanson@unige.ch

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Noam Peleg Faculty of Law, University of New South Wales, Sydney, Australia, n.peleg@unsw.edu.au

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In this article we argue that what is missing in children’s rights studies is not so much the presence of theories, but rather reflections and discussions about the normative relevance, analytical qualities and explanatory powers of the mobilised theories. We consider theorisations in children’s rights, first, on the normative level, where there is a need to continue reflecting about the moral and legal rights children have and/or should have, and about how these rights can be further exercised, or need to be balanced against one another. Next, we look at the analytical merits of the concept intersectionality to consider simultaneously differences and similarities between children’s rights and other categories of fundamental rights, as well as to reflect on the very categories that are employed. We then discuss empirical implications of globalisation processes, that have significantly impacted on how children’s rights are taking shape in the world, and how interconnections between local and global spheres shape imaginations, discourses, normative frameworks, policies and programmes in the field of children’s rights.

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