Intergenerational Justice Review Volume 9 · Issue 4/2009 JFG 09 11 14.12.09 10:24 Seite 127
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JFG_09_11 14.12.09 10:24 Seite 1 Intergenerational ISSN 1617-1799 Justice Review Volume 9 · Issue 4/2009 9 · Issue Volume Foundation for the Rights of Future Generations Issue Topic: Children's and Young People's Rights – with a Focus on the Right to Vote JFG_09_11 14.12.09 10:24 Seite 126 Table of Contents Issue topic: Children's and Young People's Rights – Announcements and Interna with a Focus on the Right to Vote What Would Happen if Citizens Under 18 Years Old Had the Legal Right to Vote? Editorial 127 e German U18 Project Experience 152 What Does it Mean to Have a Right? 128 e 20th Anniversary of the Convention by Prof. Dr. Dieter Birnbacher on the Rights of the Child 153 Should Democracy Grow up? Children and Voting Rights 133 Voting Rights and Age Restrictions - by Prof. Dr. Steven Lecce e Position of the Foundation for the Rights of Future Generations 154 Improving Public Policy for Children: A Vote for Each Child 139 Motion for a resolution presented to the by Prof. Dr. Robert H. Pantell and Council of Europe’s Parliamentary Assembly: Prof. Dr. Maureen T. Shannon Expansion of Democracy by Lowering the Voting Age to 16 155 On Behalf of Children? e Plural Voting System in Belgium – from 1893 to 1919 144 Barring Adults from Voting – by Prof. Dr. Laurent de Briey, Aurélie Héraut Disenfranchisement of Felons and Mentally and Elise Ottaviani Disabled People Around the World 156 Call for Papers: Book Reviews Intergenerational Justice and the Scourge of War 158 Priscilla Alderson (2008): Young Children’s Rights. Possibilities and Limits of Party Cooperation Exploring Beliefs, Principles and Practice. 145 in Democracies 159 David Archard / Colin M.Macleod (eds.) (2002): Ways Towards a Legal Implementation e Moral and Political Status of Children. 149 of Intergenerational Justice 159 New Editorial Staff 159 Imprint 159 Become a supporter of FRFG! 160 e reviewers for this ance for England since April Nira Lamay-Rachlevsky: ber of the NY State Permanent issue were as follows 2007. is a lawyer and works for the Judicial Commission on Justice (in alphabetical order): Knesset (the Israeli parliament) for Children. Prof. Dr. Peter Häberle: legislative committees as a legal Prof. Dr. Bruce Auerbach: Executive Director of the Bei- advisor. Before, she was a de- Prof. Dr. Janna ompson: is an associate professor of poli- rut Research Center for Euro- puty commissioner for future is an associate professor of phi- tical science at Albright College pean Constitutional Law. generations in the Knesset. losophy at La Trobe University. in Reading, Pennsylvania (USA). Prof. Dr. Huey-li Li: Prof. Dr. Jane Spinak: Dr. Gotlind Ulshöfer: is a professor of educational is a professor of law at the is a program director for econo- Samantha Dimmock: philosophy at the University of Columbia Law School and mics, business ethics and gender is the head of policy and public Akron, Akron, Ohio (USA). co-founder of the Child Advo- issues at the Evangelische Aka- affairs at Children's Rights Alli- cacy Clinic. She is also a mem- demie Arnoldshain, Germany. 126 Intergenerational Justice Review Volume 9 · Issue 4/2009 JFG_09_11 14.12.09 10:24 Seite 127 Editorial he rights of children and young e right to vote is not mentioned in the e following article by Steven Lecce (Uni- people present an interesting ethical Convention on the Rights of the Child at all. versity of Manitoba, Canada) addresses the T and legal case. Given the existence Article 12, however, states: “States Parties question of whether or not children’s of universal human rights, why formulate shall assure to the child who is capable of continued electoral exclusion is morally extra rights for a special group? Are children forming his or her own views the right to defensible. According to Lecce there is a and young people not human beings? What express those views freely in all matters affect - fundamental tension between the egalitarian are the main differences between the Univer- ing the child, the views of the child being presuppositions of democracy and our refusal sal Declaration of Human Rights (adopted in given due weight in accordance with the age to grant voting rights to children and young 1948) and the Convention on the Rights of and maturity of the child.” e struggle for a people. the Child (adopted in 1989)? Is there a need compromise resounds in this formulation. e third peer-reviewed article by Robert H. to adapt human rights in order to make them ere are 2.2 billion youngsters under 18 Pantell (University of California, San Francisco, age-dependent, thus moving away from the years of age living worldwide. But voting USA) and Maureen T. Shannon, University idea of ‘one right for all’? In order to under- rights are only granted to a very small mino- of Hawai`i at Mãnoa, USA) explores current stand the complexity surrounding the issue of rity of them, namely from 16 years on if they thinking about enfranchisement of children, children’s and young people’s rights, two live in Austria, Brazil, Cuba, Indonesia or from the fields of ethics, law and social arguments are key: Nicaragua. Children and adolescents are thus welfare. It proposes a proxy voting right for First, there is an alleged conflict between the excluded from key political decision-making parents. rights of parents and those of the child. For processes which have an impact on their lives. thousands of years, children were regarded as Without access to these processes which are is issue also contains a lot of interesting the property of their parents. In Roman law, integral to the exercise of democratic rights, background readings including a historical the father even had the right to abandon new- children are comparatively invisible as citizens overview of examples of plural voting born children. In the Old Testament, children or subjects. ‘Young people own the future’ is systems, a summary of the Convention of are mentioned in the same breath as slaves – a prominent saying. But they are already here, the Rights of the Child as well as an outline both were at the complete disposal of the now. of voting age and voting restrictions for fe- head of the family. omas Hobbes writes on It is correct that youth participation must be lons in prison and mentally disabled people children that parents may “alienate understood in broader terms than just voting. in more than a dozen countries. Moreover, them…pawn them for hostages, kill them for It is participation in civil society which can this issue features book reviews of Priscilla rebellion, or sacrifice them for peace”.1 take several forms, for instance youth parlia- Alderson’s Young Children’s Rights. Exploring Although this view has been weakened in the ments, youth entitlements to speak or submit Beliefs, Principles and Practice and the Western world in recent centuries, the idea of requests to political bodies or parliaments in anthology e Moral and Political Status of children as the subject of rights does not have all matters affecting young people. Neverthe- Children, edited by David Archard and many friends among authoritarian parents. less, in this issue of Intergenerational Justice Re- Colin M. Macleod. Second, and more important nowadays, there view, we focus on the voting rights of children is a potential conflict between children’s rights and adolescents because they are the most im- I hope you will enjoy reading our current and the protection of children. is can be portant step for increasing youth influence in issue. exemplified by the ‘right to work’. While no politics and to make children’s interests more one questions the necessity of adults to work visible. ere are three possibilities: engage- Joerg Chet Tremmel in order to make a living, a child’s right to ment for young people, engagement with Editor-in-Chief work needs to strike a balance between young people and also participation from London School of exercising personal freedoms and protecting young people. I believe that the last option Economics and them from work which restricts their oppor- should be given more importance in general. Political Science tunities to play and go to school. For adults, e first article of IGJR 4/2009 deals with employment is highly valued because of its the nature of rights in general. Dieter Birn- financial and identity granting dimensions. If bacher (University of Düsseldorf, Germany) children are (or feel) obliged to help their own offers an introduction into the language of poverty-stricken families, or simply just want rights and the role rights play in ethics and Notes: to imitate the behaviour of their parents, they law. His contribution explores whether the 1. Hobbes, omas (1994): e Elements of Law, could have a subjective interest in gaining em- concept of rights can be replaced without loss Natural and Politic, edited with an introduction ployment at a very young age (like 6 or 7). by the concept of obligations, that is whether by J.C.A. Gaskin. Oxford: Oxford University Press But this could conflict with the ‘best interests rights should be seen as social constructs de- (first published in 1650), 23.8 of the child’ - i.e. their objective need to be rived from obligations. educated. Intergenerational Justice Review 127 Volume 9 · Issue 4/2009 JFG_09_11 14.12.09 10:24 Seite 128 What Does it Mean to Have a Right? by Prof. Dr. Dieter Birnbacher bstract: is contribution offers an dren's rights), its advocacy function. Who - and self-correction to which various social introduction into the language of ever claims that a person A has (or should institutions contribute: politicians and other A rights and the role rights play in et- have) a certain right makes himself an advo- opinion leaders, the courts, the media and hics and law, with special reference to the rights cate of A.