EthikJournal 1. Jg. (2013) Ausgabe 2
"Kindeswohl"
English Abstracts
Micha Brumlik
Child's well-being and "Advocatory Ethics"
Abstract In the focus of an "Advocatory Ethics" are the rights and duties that persons of age have towards other persons with an indispensable dignity, who are not of age, either not yet or not anymore, i.e. who are not capable of living their lives autonomously. This paper seeks to elaborate the justifications of such an Ethics taking into account the tradition of a philosophy of education. One of Immanuel Kant’s basic ideas was that siring and giving birth to a human being means to “replant” him or her into an initially hostile environment. An "advocatory Ethics" commits itself to this thought as well as to the systematic acknowledgment that the crucial ethical questions do not arise among two persons of age, but rather between those of age and those who are not. Keywords discourse ethics – double mandate – philosophy of education
Johannes Giesinger
Child's well-being and respect
Abstract This essay discusses the role of the notion of children’s welfare (or best interests) within a normative conception of childhood. It is claimed that this notion is indispensable, but should be subordinated to other normative concepts – in particular to the concept of respect. First, children should not merely be considered as bearers of interests, but as moral persons who are entitled to make claims. Second, children should be granted a limited right to autonomy independently of considerations of welfare. Third, paternalistic or educational interferences into children’s agency are only justified if children can be reasonably expected to consent to them.
Keywords Children’s best interests - welfare - respect - children’s rights - autonomy
Lothar Krappmann
The child's well-being in the reflection of the United Nations Convention of the Rights of the Child
Abstract The agreement about the rights of the child, which has been adopted by the general assembly in 1989 and which has been ratified by 193 countries since, is still in the focus of legal and moral controversy. Therein, the specific interpretation of the concept of the child’s well-being, which is codified in article 3, para. 1, is still in the center of attention. In this paper, these controversies are being reconstructed, and the various different arguments are deliberated. It will be shown that the priority, which appertains to the child’s well-being, is only codified by the convention of the rights of the child. It will also discuss the legal indecisiveness of the concept of the child’s well-being and face the criticism about the vagueness of article 3. Moreover, the paper supports an interpretation of the child’s well-being as child-based and elaborates a strong relation between the child’s well-being and the respect for the child’s interests. Furthermore, it will be discussed, in which way a balance of the child’s well-being can be assured.
Keywords best-interests – parental care – child’s interests – Convention of the Rights of the Child – implementation of the rights of the child – violation of the rights of the child – child’s well-being – balance of the child’s well-being – indecisiveness of the child’s well-being – Human Rights – United Nations assembly of the rights of the child
Andreas Lienkamp
Child's well-being and Social Work
Abstract Children and adolescents are a vulnerable group of population. Their human dignity and well-being are thus to be protected particularly. Still, the well-being of children recurrently is gravely threatened or harmed up to physical or mental violence that could have been and would have been to be averted. If the well-being or even survival of children is at stake, the often claimed yet in this context phoney dilemma between competing basic human rights – best interests of the child versus parental autonomy – is hence to be settled in favour of the weakest. Social work professionals as social justice advocates must be capable of acting responsibly, timely, powerfully. Social work as a human rights profession should more than before execute its third mandate for the human rights of the child – at all levels.
Keywords Social Work – Human Rights – Best Interests of the Child – Threat of the Well-being of the Child – Neglect – Maltreatment
Anna Maria Riedl
The concept of a child's well-being from a theological-ethical perspective. From a children's theology and a theology of childhood
Abstract The concept of a child’s well-being from a theological-ethical perspective From a children’s theology to a theology of childhood Abstract: This paper seeks to investigate the theological debate on the topics “child” and “childhood”. Beyond the strong tradition of emphasizing the idea of “protection”, this paper focuses on the deficits of the recognition of a child’s subjectivity and her or his right of participation. To overcome these shortcomings, the author identifies potentials within the own (theological) tradition and tests them for a theology of childhood. The basic question is, whether this theological-ethical reflection can help to develop an understanding of a child’s well-being, which relies on a core of non-locatable norms of protection of a child’s dignity and subjectivity.
Keywords childhood – child’s well-being – protection – participation – theology of childhood – theological Ethics
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