Legal Theory as Ethical Principle in Children's Rights: On the Need for a Universal Human Rights Perspective

By:
Dr. Sonja Grover
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This paper describes the manner in which particular psychological and political perspectives have unduly influenced legal theory underlying recent landmark Canadian judicial decisions which affect children's rights. Some of this impact has served to undermine children's substantive human rights despite the existence of the United Nations International Convention on the Rights of the Child (1989)to which Canada is a signatory. The need for a universal human rights perspective is discussed. The view of psychological perspectives experimentally derived as objective knowledge to be the prime guide in judicial decision-making in regards children's rights and welfare is challenged.


Keywords: children's rights, ethics, human rights, politics, psychology
Stream: Political Science, Politics
Presentation Type: Virtual Presentation in English
Paper: Legal Theory as Ethical Principle in Children's Rights


Dr. Sonja Grover

Associate Professor, Associate Professor Faculty of Education Lakehead University
Canada

Dr Sonja Grover is a registered psychologist and researcher who has published extensively in refereed academic journals on children's rights. She is Associate Professor in the Faculty of Education, Lakehead University. She is currently writing a book for University of British Columbia Press on the children's rights movement in Canada. A couple of her recent publications include critiques published in the International Journal of Children's Rights and Murdoch Journal of Law concerning Canadian Supreme Court decisions which upheld the Canadian Criminal Code defense to corporal punishment of a child and the notion of limited governmental responsibility to children who have been abused in government- approved foster care..

Ref: H05P0105