Legal Theory as Ethical Principle in Children's Rights: On the Need for a Universal Human Rights Perspective
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
Dr. Sonja Grover
Associate Professor, Associate Professor Faculty of Education Lakehead University