Children's Rights: History and Modernity — From Object of Care to Subject of Rights
Introduction: A Shift in Paradigm
The history of children's rights reflects the evolution of perceptions of childhood and the child's place in society. Up until the 20th century, children were predominantly viewed as objects in the legal sphere — either under parental authority (Roman patria potestas) or under state guardianship and charity. Modernity is marked by a shift to the concept of the child as a subject of rights, possessing their own inalienable freedoms and interests that the state is obligated to protect. This is a fundamental shift from "the right to the child" to "the rights of the child".
Historical Premises: From Industrialization to Humanization
The modern concept of children's rights has been shaped by several key processes:
Industrial Revolution and the beginning of legislative protection: The widespread use of child labor in factories during the 18th and 19th centuries led to the first laws limiting the working day and age of children (such as the English Factory Acts of 1802 and 1833). This was the first step in recognizing the vulnerability of the child and the state's responsibility.
The movement for the salvation of children and juvenile justice: At the turn of the 19th to the 20th century, in the United States and Europe, a movement called "child savers" emerged to combat neglect and cruelty. A significant legal innovation was the creation of the first juvenile court in Chicago in 1899, based on the idea of rehabilitation rather than punishment.
The 1924 Declaration of the Rights of the Child (Geneva Declaration): Adopted by the League of Nations at the initiative of Eglantyne Jebb, the founder of Save the Children, it first formulated five principles of international care for children. However, it was a moral, not a legally binding document.
Key fact: In 1919, when the International Labour Organization (ILO) was established, one of its first conventions was ...
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