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Joseph-Marie, comte de Maistre (French: [də mɛstʁ];[2] 1 April 1753 – 26 February 1821) was a French-speakingSavoyard philosopher, writer, lawyer, and diplomat, who advocated social hierarchy and monarchy in the period immediately following the French Revolution.[3] Despite his close personal and intellectual ties with France, Maistre was throughout his life a subject of the King of Piedmont-Sardinia, whom he served as member of the Savoy Senate (1787–1792), ambassador to Russia (1803–1817),[4] and minister of state to the court in Turin (1817–1821).[5]

A key figure of the "Counter-Enlightenment",[6] Maistre regarded monarchy as both a divinely sanctioned institution and as the only stable form of government.[7] He called for the restoration of the House of Bourbon to the throne of France and for the ultimate authority of the Pope in temporal matters. Maistre argued that the rationalist rejection of Christianity was directly responsible for the disorder and bloodshed which followed the French Revolution of 1789.[8][9]

Biography[edit]

Maistre was born in 1753 at Chambéry, in the Duchy of Savoy, which at that time was part of the Kingdom of Piedmont-Sardinia, ruled by the House of Savoy.[10] His family was of French and Italian origin.[11] His grandfather André (Andrea) Maistre, whose parents Francesco and Margarita Maistre (née Dalmassi) originated in the County of Nice,[12] had been a draper and councilman in Nice (then under the rule of the House of Savoy), and his father François-Xavier, who moved to Chambéry in 1740, became a magistrate and senator, eventually receiving the title of count from the King of Piedmont-Sardinia. His mother's family, whose surname was Desmotz, were from Rumilly.[13] Joseph's younger brother, Xavier, who became an army officer, was a popular writer of fiction.[14][15]

Joseph was probably educated by the Jesuits.[14] After the Revolution, he became an ardent defender of their Order, increasingly associating the spirit of the Revolution with the Jesuits' traditional enemies, the Jansenists. After completing his training in the law at the University of Turin in 1774, he followed in his father's footsteps by becoming a Senator in 1787.

A member of the progressive Scottish RiteMasonic lodge at Chambéry from 1774 to 1790,[16] Maistre originally favoured political reform in France, supporting the efforts of the magistrates in the Parlements to force King Louis XVI to convene the Estates General. As a landowner in France, Maistre was eligible to join that body, and there is some evidence that he contemplated that possibility.[17] He was alarmed, however, by the decision of the States-General to combine clergy, aristocracy, and commoners into a single legislative body, which became the National Constituent Assembly. After the passing of the August Decrees on 4 August 1789 he decisively turned against the course of political events in France.[18]

Maistre fled Chambéry when it was taken by a French revolutionary army in 1792, but unable to find a position in the royal court in Turin, he returned the following year. Deciding that he could not support the French-controlled regime, he departed again, this time for Lausanne, in Switzerland.[19] There he discussed politics and theology at the salon of Madame de Staël, and began his career as a counter-revolutionary writer,[20] with works such as Lettres d'un Royaliste Savoisien ("Letters from a Savoyard Royalist", 1793), Discours à Mme. la Marquise Costa de Beauregard, sur la Vie et la Mort de son Fils ("Discourse to the Marchioness Costa de Beauregard, on the Life and Death of her Son", 1794) and Cinq paradoxes à la Marquise de Nav... ("Five Paradoxes for the Marchioness of Nav...", 1795).[10]

From Lausanne, Maistre went to Venice, and then to Cagliari, where the King of Piedmont-Sardinia held the court and the government of the kingdom after French armies took Turin in 1798. Maistre's relations with the court at Cagliari were not always easy[10] and in 1802 he was sent to Saint Petersburg in Russia,[21] as ambassador to TsarAlexander I. His diplomatic responsibilities were few, and he became a well-loved fixture in aristocratic circles, converting some of his friends to Roman Catholicism, and writing his most influential works on political philosophy.

Maistre's observations on Russian life, contained in his diplomatic memoirs and in his personal correspondence, were among Tolstoy's sources for his novel War and Peace.[10] After the defeat of Napoleon and the restoration of the House of Savoy's dominion over Piedmont and Savoy (under the terms of the Congress of Vienna), Maistre returned in 1817 to Turin, and served there as magistrate and minister of state until his death. He died on 26 February 1821 and is buried in the Jesuit Church of the Holy Martyrs (Chiesa dei Santi Martiri).

Political and moral philosophy[edit]

In Considérations sur la France ("Considerations on France," 1797), Maistre claimed that France has a divine mission as the principal instrument of good and evil on Earth. He interpreted the Revolution of 1789 as a Providential event: the monarchy, the aristocracy, and the Ancien Régime in general, instead of directing the influence of French civilization to the benefit of mankind, had promoted the atheistic doctrines of the eighteenth-century philosophers. He claimed that the crimes of the Reign of Terror were the logical consequence of Enlightened thought, as well as its divinely-decreed punishment.[22]

In his short book Essai sur le Principe Générateur des Constitutions Politiques et des Autres Institutions Humaines ("Essay on the Generative Principle of Political Constitutions and other Human Institutions," 1809), Maistre argued that constitutions are not the product of human reason, but come from God, who slowly brings them to maturity. After the appearance in 1816 of his French translation of Plutarch's treatise On the Delay of Divine Justice in the Punishment of the Guilty, in 1819 Maistre published Du Pape ("On the Pope"), the most complete exposition of his authoritarian conception of politics.

According to Maistre, any attempt to justify government on rational grounds will only lead to unresolvable arguments about the legitimacy and expediency of any existing government, and that this, in turn, will lead to violence and chaos.[23][24] Maistre therefore argued that the legitimacy of government must be based on compelling but non-rational grounds, which its subjects must not be allowed to question.[25] Maistre went on to argue that authority in politics should therefore derive from religion, and that in Europe this religious authority must ultimately lie with the Pope.

What was novel in Maistre's writings was not his enthusiastic defense of monarchical and religious authority per se, but rather his arguments concerning the practical need for ultimate authority to lie with an individual capable of decisive action, as well as his analysis of the social foundations of that authority's legitimacy. In his own words, which he addressed to a group of aristocratic French émigrés, "you ought to know how to be royalists. Before, this was an instinct, but today it is a science. You must love the sovereign as you love order, with all the forces of intelligence."[26] Maistre's analysis of the problem of authority and its legitimacy foreshadows some of the concerns of early sociologists such as Comte[27] and Saint-Simon.[28][29]

In addition to his voluminous correspondence, Maistre left two books that were published posthumously. Soirées de St. Pétersbourg ("The Saint Petersburg Dialogues", 1821) is a theodicy in the form of a Platonic dialogue,[30] in which Maistre argues that evil exists because of its place in the divine plan, according to which the blood sacrifice of innocents returns men to God, via the expiation of the sins of the guilty; Maistre sees this as a law of human history, as indubitable as it is mysterious. Examen de la Philosophie de Bacon, ("An Examination of the Philosophy of Bacon," 1836), is a critique of the thought of Francis Bacon,[31] whom Maistre considers to be the fountainhead of the destructive Enlightened thought.[32]

Repute and influence[edit]

Maistre, together with the Anglo-Irish statesman and philosopher Edmund Burke, is commonly regarded as one of the founders of European conservatism,[33] but since the 19th century, Maistre's authoritarian, "throne-and-altar" conception of conservatism has declined in influence in comparison with the more liberal conservatism of Burke. Maistre's skills as a writer and polemicist however ensure that he continues to be read. Matthew Arnold, an influential 19th-century critic, while comparing Maistre's style with his Irish counterpart, wrote that

Joseph de Maistre is another of those men whose word, like that of Burke, has vitality. In imaginative power he is altogether inferior to Burke. On the other hand his thought moves in closer order than Burke's, more rapidly, more directly; he has fewer superfluities. Burke is a great writer, but Joseph de Maistre's use of the French language is more powerful, more thoroughly satisfactory, than Burke's use of the English. It is masterly; it shows us to perfection of what that admirable instrument, the French language, is capable.[34]

The Catholic Encyclopedia of 1910 describes his writing style as "strong, lively, picturesque," and that his "animation and good humour temper his dogmatic tone. He possesses a wonderful facility in exposition, precision of doctrine, breadth of learning, and dialectical power."[14]Alphonse de Lamartine, though a political opponent, admired the splendour of his prose:

That brief, nervous, lucid style, stripped of phrases, robust of limb, did not at all recall the softness of the eighteenth century, nor the declamations of the latest French books: it was born and steeped in the breath of the Alps; it was virgin, it was young, it was harsh and savage; it had no human respect, it felt its solitude; it improvised depth and form all at once… That man was new among the enfants du siècle [children of the century].[35]

Émile Faguet described Maistre as "a fierce absolutist, a furious theocrat, an intransigent legitimist, apostle of a monstrous trinity composed of pope, king and hangman, always and everywhere the champion of the hardest, narrowest and most inflexible dogmatism, a dark figure out of the Middle Ages, part learned doctor, part inquisitor, part executioner."[36]

Amongst those who admired him was the poet Charles Baudelaire,[37][38] who described himself a disciple of the Savoyard counter-revolutionary, claiming that he had taught him how to think.[39]George Saintsbury called him "unquestionably one of the greatest thinkers and writers of the eighteenth century."[40] Maistre also exerted a powerful influence on the Spanish political thinker Juan Donoso Cortés[41][42] and, later, on the French monarchist Charles Maurras[43] and his counter-revolutionary political movement Action Française.

According to Carolina Armenteros, Maistre's writings influenced not only conservative political thinkers, but also the Utopian socialists.[44] Early sociologists such as Saint-Simon and Comte explicitly acknowledged the influence of Maistre on their own thinking about the sources of social cohesion and political authority.[28][29]

Works[edit]

  • Nobilis Ioseph Maistre Camberiensis ad i.u. lauream anno 1772. die 29. Aprilis hora 5. pomeridiana (Turin, 1772) – Joseph de Maistre's decree thesis, kept in the National Library of the University of Turin (link).
  • Éloge de Victor-Amédée III (Chambéry, 1775)
  • Lettres d'un royaliste savoisien à ses compatriotes (1793)
  • Étude sur la souveraineté (1794)
  • De l'État de nature, ou Examen d'un écrit de Jean-Jacques Rousseau (1795)
  • Considérations sur la France (London [Basel], 1796)
  • Intorno allo stato del Piemonte rispetto alla carta moneta (Turn, Aosta, Venice, 1797–1799)
  • Essai sur le Principe Générateur des Constitutions Politiques, 1814, [1st. Pub. 1809]
  • Du Pape,Tome Second, 1819.
  • De l'Église Gallicane, édit. Rodolphe de Maistre, 1821.
  • Les Soirées de Saint-Pétersbourg ou Entretiens sur le Gouvernement Temporel de la Providence,Tome Second, édit. Rodolphe de Maistre, 1821.
  • Lettres à un Gentilhomme Russe sur l'Inquisition Espagnole, édit. Rodolphe de Maistre, 1822.
  • Examen de la Philosophie de Bacon, ou: l'on Traite Différentes Questions de Philosophie Rationnelle,Tome Second, édit. Rodolphe de Maistre, 1836.
  • Lettres et Opuscules Inédits du Comte Joseph de Maistre,Tome Second, édit. Rodolphe de Maistre, Paris, 1853.
  • Mémoires Politiques et Correspondance Diplomatique, édit. Albert Blanc, Paris, 1859.
English translations
  • Memoir on the Union of Savoy and Switzerland, 1795.
  • Essay on the Generative Principle of Political Constitutions, 1847.
  • The Pope: Considered in His Relations with the Church, Temporal Sovereignties, Separated Churches and the Cause of Civilization, 1850.
  • Letters on the Spanish Inquisition, 1838.
  • In Menczer, Béla, 1962. Catholic Political Thought, 1789-1848, University of Notre Dame Press.
  • Lively, Jack. ed. The Works of Joseph de Maistre, Macmillan, 1965.
  • Richard Lebrun, ed. Works of Joseph de Maistre:
    • The Pope, Howard Fertig, 1975.
    • St. Petersburg Dialogues, McGill-Queen's University Press, 1993.
    • Considerations on France, McGill-Queen's University Press, 1974 and Cambridge University Press, 1994.
    • Against Rousseau: "On the State of Nature" and "On the Sovereignty of the People," McGill-Queen's University Press, 1996.
    • Examination of the Philosophy of Bacon, McGill-Queen's University Press, 1998.
  • Blum, Christopher Olaf (editor and translator). Critics of the Enlightenment, ISI Books, 2004:
    • 1798, "Reflections on Protestantism in its Relations to Sovereignty," pp. 133–56.
    • 1819, "On the Pope," pp. 157–96.
  • Lively, Jack. ed. The Generative Principle of Political Constitutions: Studies on Sovereignty, Religion, and Enlightenment, Transaction Publishers, 2011.

See also[edit]

Notes[edit]

  1. ^John Powell, Derek W. Blakeley, Tessa Powell. Biographical Dictionary of Literary Influences: The Nineteenth Century, 1800-1914. Greenwood Publishing Group, 2001. P267.
  2. ^"Maistre" is traditionally pronounced [mɛstʁ] (i.e. sounding the "s" and rhyming with bourgmestre); that is how it is usually heard at university and in historical movies (as in Sacha Guitry's 1948 film Le Diable Boiteux[fr]). The pronunciation [mɛtʁ] (rhymes with maître) is sometimes heard under the influence of the modernized pronunciation, adopted by some descendants (such as Patrice de Maistre).
  3. ^Beum, Robert (1997). "Ultra-Royalism Revisited,"Modern Age, Vol. 39, No. 3, p. 305.
  4. ^"Joseph de Maistre,"The Dublin Review, Vol. XXXIII, 1852.
  5. ^The issue of Maistre's national identity has long been contentious. In 1802, after the invasion of Savoy and Piedmont by the armies of the French First Republic, Maistre had fled in Cagliari, the ancient capital of Kingdom of Sardinia that resisted to the French invasion, wrote to the French ambassador in Naples, objecting to having been classified as a French émigré and thus subject to confiscation of his properties and punishment should he attempt to return to Savoy. According to the biographical notice written by his son Rodolphe and included in the Complete Works, on that occasion Maistre wrote that

    He had not been born French, and did not desire to become French, and that, never having set foot in the lands conquered by France, he could not have become French.

    — Œuvres complètes de Joseph de Maistre, Lyon, 1884, vol. I, p. XVIII.

    Sources such as the Encyclopædia Britannica and the Catholic Encyclopedia identify Maistre as French, by culture if not by law. In 1860 Albert Blanc, professor of law at the University of Turin, in his preface to a collection of Maistre's diplomatic correspondence wrote that:

    ... this philosopher [Maistre] was a politician; this Catholic was an Italian; he foretold the destiny of the House of Savoy, he supported the end of the Austrian rule [of northern Italy], he has been, during this century, one of the first defenders of [Italian] independence.

    — Correspondance diplomatique de Joseph de Maistre, Paris, 1860, vol. I, pp. III-IV.

  6. ^Masseau, Didier (2000). Les Ennemis des Philosophes. Editions Albin Michel.
  7. ^Alibert, Jacques (1992). Joseph de Maistre, Etat et Religion. Paris: Perrin.
  8. ^Lebrun, Richard (1989). "The Satanic Revolution: Joseph de Maistre's Religious Judgment of the French Revolution", Proceedings of the Annual Meeting of the Western Society for French History, Vol. 16, pp. 234–240.
  9. ^Garrard, Graeme (1996). "Joseph de Maistre's Civilization and its Discontents," Journal of the History of Ideas, Vol. 57, No. 3, pp. 429–446.
  10. ^ abcdBerlin, Isaiah (24 November 2005) [1965]. "The Second Onslaught: Joseph de Maistre and Open Obscurantism"(PDF). Two Enemies of the Enlightenment. Wolfson College, Oxford. Retrieved 11 December 2008. 
  11. ^Etude Culturelle - Recherches Historiques
  12. ^Etude Culturelle - Recherches Historiques
  13. ^Triomphe, Robert (1968). Joseph de Maistre. Genève: Droz. pp. 39–41.  Preview available here
  14. ^ abc Herbermann, Charles, ed. (1913). "Joseph-Marie, Comte de Maistre". Catholic Encyclopedia. New York: Robert Appleton Company. 
  15. ^ Herbermann, Charles, ed. (1913). "Xavier de Maistre". Catholic Encyclopedia. New York: Robert Appleton Company. 
  16. ^Vulliaud, Paul (1926). Joseph de Maistre Franc-maçon. Paris: Nourry.
  17. ^Lebrun, Richard. "A Brief Biography of Joseph de Maistre". University of Manitoba. Retrieved 1 June 2011. 
  18. ^Greifer, Elisha (1961). "Joseph de Maistre and the Reaction Against the Eighteenth Century," The American Political Science Review, Vol. 55, No. 3, pp. 591–598.
  19. ^Bordeaux, Henri (1895). "Joseph de Maistre à Genève et à Lausanne". In: Semaine Littéraire, II, pp. 478–480.
  20. ^Ferret, Olivier (2007). La Fureur de Nuire: Échanges Pamphlétaires entre Philosophes et Antiphilosophes, 1750-1770. Oxford: Voltaire Foundation.
  21. ^Teeling, T.T. (1985). "Joseph de Maistre,"The American Catholic Quarterly Review, Vol. XX, p. 824.
  22. ^Lebrun, Richard A. (1967). "Joseph de Maistre, how Catholic a Reaction?,"CCHA Study Sessions, Vol. 34, pp. 29–45.
  23. ^Murray, John C. (1949). "The Political Thought of Joseph de Maistre," The Review of Politics, Vol. 11, No. 1, pp. 63–86.
  24. ^Bradley, Owen (1999). A Modern Maistre: The Social and Political Thought of Joseph de Maistre. Lincoln and London: University of Nebraska Press.
  25. ^Lebrun, Richard A. (1969). "Joseph de Maistre, Cassandra of Science," French Historical Studies, Vol. 6, No. 2, pp. 214–231.
  26. ^Quoted by Philippe Sénart in "Maistre et Tocqueville", Joseph de Maistre. Les Dossiers H, (Lausanne: Editions L'Age d'Homme, 2005), p. 646. ISBN 2825118710
  27. ^Barth, Hans (1956). "Auguste Comte et Joseph de Maistre". In: Etudes Suisses de l'Histoire Générale, XIV, pp. 103–138.
  28. ^ abLucien Lévy-Bruhl (1903). The Philosophy of Auguste Comte. New York: Putnam and Sons, pp. 297-8.
  29. ^ abPickering, Mary (1993). Auguste Comte: An Intellectual Biography, vol. 1. Cambridge: Cambridge University Press, pp. 261–8 ISBN 052143405X
  30. ^Kochin, Michael S. (2002). "How Joseph De Maistre Read Plato’s Laws,"Polis, Vol. 19, Nos. 1–2, pp. 29–43.
  31. ^Huet, François (1837). "Le Chancelier Bacon et le Comte Joseph de Maistre." In: Nouvelles Archives Historiques, Philosophiques et Littéraires. Gand: C. Annoot-Braekman, vol. I, pp. 65–94.
  32. ^Gourmont, Rémy de (1905). "François Bacon et Joseph de Maistre." In: Promenades Philosophiques. Paris: Mercure de France, pp. 7–32.
  33. ^Fuchs, Michel (1984). "Edmund Burke et Joseph de Maistre", Revue de l'Université d'Ottawa, Vol. 54, pp. 49–58.
  34. ^Arnold, Matthew (1973). "Joseph de Maistre on Russia." In: English Literature and Irish Politics. Ann Arbor: The University of Michigan Press, p. 87.
  35. ^de Lamartine, Alphonse (1874). "Les De Maistre". Souvenirs et Portraits. 1. Paris: Hachette et Cie. p. 189. 
  36. ^Émile Faguet, Politiques et Moralistes du Dix-neuvieme Siècle, 1st series, Paris: Société Française d'Imprimerie et de Librairie, 1899. Cited in: Maistre, Joseph de; Isaiah Berlin (1994). "Introduction". Considerations on France. Cambridge: Cambridge University Press. p. xi. ISBN 0-521-46628-8. 
  37. ^Alphonsus, Mère Mary (1942). The Influence of Joseph de Maistre on Baudelaire. "De Maistre et Edgar Poe m'ont appris à Raisonner" (journaux intimes). Bryn Mawr: Bryn Mawr College doctoral thesis.
  38. ^Eygun, Francois-Xavier (1990). "Influence de Joseph de Maistre sur les "Fleurs du Mal" de Baudelaire", Revue des Etudes Maistriennes, Vol. 11, pp. 139–147.
  39. ^"De Maistre and Edgar Poe taught me to reason." — Baudelaire, Charles (1919). Intimate Papers from the Unpublished Works of Baudelaire. Baudelaire – His Prose and Poetry. New York: The Modern Library, p. 245.
  40. ^Saintsbury, George (1917). A Short History of French Literature. Oxford: Clarendon Press, p. 469.
  41. ^Tarrago, Rafael E. (1999). "Two Catholic Conservatives: The Ideas of Joseph de Maistre and Juan Donoso Cortes,"Archived 13 October 2014 at the Wayback Machine. Catholic Social Science Review, Vol. 4, pp. 167–177.
  42. ^Spektorowski, Alberto (2002). "Maistre, Donoso Cortes, and the Legacy of Catholic Authoritarianism," Journal of the History of Ideas, Vol. 63, No. 2, pp. 283–302.
  43. ^Gerin-Ricard, Lazare de (1929). Les Idées Politiques de Joseph de Maistre et la Doctrine de Maurras. La Rochelle: Editions Rupella.
  44. ^Armenteros, Carolina (2011). The French Idea of History: Joseph de Maistre and his Heirs, 1794-1854. Ithaca, NY and London: Cornell University Press ISBN 0-8014-4943-X

References[edit]

  • Armenteros, Carolina (2007). "From Human Nature to Normal Humanity: Joseph de Maistre, Rousseau, and the Origins of Moral Statistics," Journal of the History of Ideas, Vol. 68, No. 1, pp. 107–30.
  • Armenteros, Carolina (2007). "Parabolas and the Fate of Nations: Early Conservative Historicism in Joseph de Maistre's De la Souveraineté du Peuple," History of Political Thought, Vol. 28, No. 2, pp. 230–52.
  • Armenteros, Carolina et al. (2010). The New Enfant du Siècle: Joseph de Maistre as a Writer, St. Andrews Studies in French History and Culture.
  • Armenteros, Carolina and Richard Lebrun (2011). Joseph de Maistre and his European Readers: From Friedrich von Gentz to Isaiah Berlin. Leiden and Boston: Brill.
  • Armenteros, Carolina and Richard Lebrun (2011). Joseph de Maistre and the Legacy of Enlightenment. Oxford: The Voltaire Foundation.
  • Austern, Donald M. (1974). The Political Theories of Edmund Burke and Joseph de Maistre as Representative of the Schools of Conservative Libertarianism and Conservative Authoritarianism. Amherst: Boston College Doctoral Thesis.
  • Barbey D'Aurevilly, Jules (1889). "Joseph de Maistre". In: Les Prophètes du Passé. Paris: Calmann Lévy, pp. 50–69.
  • Barthelet, Philippe (2005). Joseph de Maistre: Les Dossiers H. Geneva: L'Age d'Homme.
  • Blamires, Cyprian P. (1985). Three Critiques of the French Revolution: Maistre, Bonald and Saint-Simon. Oxford: Oxford University Doctoral Thesis.
  • Bradley, Owen (1999). A Modern Maistre: The Social and Political Thought of Joseph de Maistre. Lincoln and London: University of Nebraska Press.
  • Brandes, Georg (1903). "Joseph de Maistre." In: Main Currents in Nineteenth Century Literature, Vol. 3. The Reaction in France. New York: The Macmillan Company, pp. 87–112
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  • Camcastle, Cara (2005). The More Moderate Side of Joseph de Maistre. Ottawa: McGill-Queen's University Press.
  • Caponigri, A.R. (1942). Some Aspects of the Philosophy of Joseph de Maistre. Ph.D. Thesis, University of Chicago.
  • Croce, Benedetto (1922). "Il Duca di Serra-Capriola e Giuseppe de Maistre". In: Archivio Storico per le Province Napoletane, Vol. XLVII, pp. 313–335.
  • Edwards, David W. (1977). "Count Joseph de Maistre and Russian Educational Policy, 1803-1828", Slavic Review, Vol. 36, pp. 54–75.
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  • Faust, A.J. (1882). "Count Joseph de Maistre,"The American Catholic Quarterly Review, Vol. VII, pp. 17–41.
  • Fisichella, Domenico (1963). Giusnaturalismo e Teoria della Sovranità in Joseph de Maistre. Messina: Firenze (Rep. in Politica e Mutamento Sociale. Lungro di Cosenza: Costantino Marco Editore, 2002, pp. 191–243 ISBN 88-85350-97-6.)
  • Fisichella, Domenico (1993). Il Pensiero Politico di Joseph de Maistre. Roma-Bari: Laterza ISBN 88-420-4157-2.
  • Fisichella, Domenico (2005). Joseph de Maistre, Pensatore Europeo. Roma-Bari: Laterza ISBN 88-420-7598-1.
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  • Ghervas, Stella (2008). Réinventer la Tradition: Alexandre Stourdza et l'Europe de la Sainte-Alliance. Paris: Honoré Champion. ISBN 2-7453-1669-9. 
  • Gianturco, Elio (1937). Joseph de Maistre and Giambattista Vico (Italian Roots of the Maistre's Political Culture). New York: Columbia University.
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  • Godechot, Jacques (1982). The Counter-Revolution, Princeton University Press.
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  • Lebrun, Richard A. (ed., 1988). Maistre Studies, Lanham, MD: University Press of America.
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  • Lombard, Charles (1976). Joseph de Maistre. Boston: Twayne. ISBN 0-8057-6247-7. 
  • Legittimo, Gianfranco (1963). Sociologi Cattolici Italiani: De Maistre, Taparelli, Toniolo. Roma: Il Quadrato.
  • Maistre, Rodolphe de, Hexis d'un soir ou de la prénotion d'un retour de l'Esprit dans la science, La Compagnie Littéraire, 2016, 154p. [1] (ISBN 978-2-87683-566-5)
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  • Monteton, Charles Philippe Dijon de (2007). Die Entzauberung des Gesellschaftsvertrags. Ein Vergleich der Anti-Sozial-Kontrakts-Theorien von Carl Ludwig von Haller und Joseph Graf de Maistre im Kontext der politischen Ideengeschichte. Frankfurt am Main et al.ISBN 978-3-631-55538-5.
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  • Sacré-Cœur Mercier, Lucille du (1953). The Historical Thought of the Comte Joseph de Maistre. Washington: Catholic University of America Thesis.
  • Siedentop, Larry Alan (1966). The Limits of Enlightenment. A Study of Conservative Political Thought in Early Nineteenth-Century France with Special Reference to Maine de Biran and Joseph de Maistre. Oxford: Oxford University Doctoral Thesis.
  • Thorup, Mikkel (2005). "'A World Without Substance': Carl Schmitt and the Counter-Enlightenment,"Distinktion: Scandinavian Journal of Social Theory, Vol. 6, No. 1, pp. 19–39.
  • Thurston, Benjamin (2001). Joseph de Maistre. Logos and Logomachy. Oxford: Brasenose College-Oxford University Doctoral Thesis.
  • Vermale, François (1921), Notes sur Joseph de Maistre Inconnu. Chambéry: Perrin, M. Dardel Successeur.
Portrait by Swiss painter Félix Vallotton, from La Revue blanche, 1er semestre, 1895.

Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to minors.[1] The 1989 Convention on the Rights of the Child (CRC) defines a child as "any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier."[2] Children's rights includes their right to association with both parents, human identity as well as the basic needs for physical protection, food, universal state-paid education, health care, and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics. Interpretations of children's rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse, though what constitutes "abuse" is a matter of debate. Other definitions include the rights to care and nurturing.[3] There are no definitions of other terms used to describe young people such as "adolescents", "teenagers", or "youth" in international law,[4] but the children's rights movement is considered distinct from the youth rights movement. The field of children's rights spans the fields of law, politics, religion, and morality.

Justifications

[There] is a mass of human rights law, both treaty and 'soft law', both general and child-specific, which recognises the distinct status and particular requirements of children. [Children], owing to their particular vulnerability and their significance as the future generation, are entitled to special treatment generally, and, in situations of danger, to priority in the receipt of assistance and protection.

— Jenny Kuper, International law concerning child civilians in armed conflict (1997, Clarendon Press)

As minors by law, children do not have autonomy or the right to make decisions on their own for themselves in any known jurisdiction of the world. Instead their adult caregivers, including parents, social workers, teachers, youth workers, and others, are vested with that authority, depending on the circumstances.[5] Some believe that this state of affairs gives children insufficient control over their own lives and causes them to be vulnerable.[6]Louis Althusser has gone so far as to describe this legal machinery, as it applies to children, as "repressive state apparatuses".[7]

Structures such as government policy have been held by some commentators to mask the ways adults abuse and exploit children, resulting in child poverty, lack of educational opportunities, and child labour. On this view, children are to be regarded as a minority group towards whom society needs to reconsider the way it behaves.[8]

Researchers have identified children as needing to be recognized as participants in society whose rights and responsibilities need to be recognized at all ages.[9]

Historic definitions of children's rights

Sir William Blackstone (1765-9) recognized three parental duties to the child: maintenance, protection, and education.[10] In modern language, the child has a right to receive these from the parent.

The League of Nations adopted the Geneva Declaration of the Rights of the Child (1924), which enunciated the child's right to receive the requirements for normal development, the right of the hungry child to be fed, the right of the sick child to receive health care, the right of the backward child to be reclaimed, the right of orphans to shelter, and the right to protection from exploitation.[11]

The United Nations Universal Declaration of Human Rights (1948) in Article 25(2) recognized the need of motherhood and childhood to "special protection and assistance" and the right of all children to "social protection."[12]

The United Nations General Assembly adopted the United Nations Declaration of the Rights of the Child (1959), which enunciated ten principles for the protection of children's rights, including the universality of rights, the right to special protection, and the right to protection from discrimination, among other rights.[13]

Consensus on defining children's rights has become clearer in the last fifty years.[14] A 1973 publication by Hillary Clinton (then an attorney) stated that children's rights were a "slogan in need of a definition".[15] According to some researchers, the notion of children’s rights is still not well defined, with at least one proposing that there is no singularly accepted definition or theory of the rights held by children.[16]

Children’s rights law is defined as the point where the law intersects with a child's life. That includes juvenile delinquency, due process for children involved in the criminal justice system, appropriate representation, and effective rehabilitative services; care and protection for children in state care; ensuring education for all children regardless of their race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics, and; health care and advocacy.[17]

Classification

Children have two types of human rights under international human rights law. They have the same fundamental general human rights as adults, although some human rights, such as the right to marry, are dormant until they are of age, Secondly, they have special human rights that are necessary to protect them during their minority.[18] General rights operative in childhood include the right to security of the person, to freedom from inhuman, cruel, or degrading treatment, and the right to special protection during childhood.[19] Particular human rights of children include, among other rights, the right to life, the right to a name, the right to express his views in matters concerning the child, the right to freedom of thought, conscience and religion, the right to health care, the right to protection from economic and sexual exploitation, and the right to education.[2]

Children's rights are defined in numerous ways, including a wide spectrum of civil, political, economic, social and cultural rights. Rights tend to be of two general types: those advocating for children as autonomous persons under the law and those placing a claim on society for protection from harms perpetrated on children because of their dependency. These have been labeled as the right of empowerment and as the right to protection.[16]

United Nations educational guides for children classify the rights outlined in the Convention on the Rights of the Child as the "3 Ps": Provision, Protection, and Participation.[20] They may be elaborated as follows:

  • Provision: Children have the right to an adequate standard of living, health care, education and services, and to play and recreation. These include a balanced diet, a warm bed to sleep in, and access to schooling.
  • Protection: Children have the right to protection from abuse, neglect, exploitation and discrimination. This includes the right to safe places for children to play; constructive child rearing behavior, and acknowledgment of the evolving capacities of children.
  • Participation: Children have the right to participate in communities and have programs and services for themselves. This includes children's involvement in libraries and community programs, youth voice activities, and involving children as decision-makers.[21]

In a similar fashion, the Child Rights International Network (CRIN) categorizes rights into two groups:[22][23]

  • Economic, social and cultural rights, related to the conditions necessary to meet basic human needs such as food, shelter, education, health care, and gainful employment. Included are rights to education, adequate housing, food, water, the highest attainable standard of health, the right to work and rights at work, as well as the cultural rights of minorities and indigenous peoples.
  • Environmental, cultural and developmental rights, which are sometimes called "third generation rights," and including the right to live in safe and healthy environments and that groups of people have the right to cultural, political, and economic development.

Amnesty International openly advocates four particular children's rights, including the end to juvenile incarceration without parole, an end to the recruitment of military use of children, ending the death penalty for people under 21, and raising awareness of human rights in the classroom.[1]Human Rights Watch, an international advocacy organization, includes child labor, juvenile justice, orphans and abandoned children, refugees, street children and corporal punishment.

Scholarly study generally focuses children's rights by identifying individual rights. The following rights "allow children to grow up healthy and free":[according to whom?][24]

Physical rights

A report by the Committee on Social Affairs, Health, and Sustainable Development of the Parliamentary Assembly of the Council of Europe identified several areas the Committee was concerned about, including procedures such as "female genital mutilation, the circumcision of young boys for religious reasons, early childhood medical interventions in the case of intersex children and the submission to or coercion of children into piercings, tattoos or plastic surgery".[25] The Assembly adopted a non-binding resolution in 2013 that calls on its 47 member-states to take numerous actions to promote the physical integrity of children.[26]

Article 19 of the Convention on the Rights of the Child enjoins parties to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation".[27] The Committee on the Rights of the Child interprets article 19 as prohibiting corporal punishment, commenting on the "obligation of all States Party to move quickly to prohibit and eliminate all corporal punishment."[28] The United Nations Human Rights Committee has also interpreted Article 7 of the International Covenant on Civil and Political Rights prohibiting "cruel, inhuman or degrading treatment or punishment" to extend to children, including corporal punishment of children.[29]

Newell (1993) argued that "...pressure for protection of children's physical integrity should be an integral part of pressure for all children's rights."[30]

The Committee on Bioethics of the American Academy of Pediatrics (AAP) (1997), citing the Convention on the Rights of the Child (1989), asserts that "every child should have the opportunity to grow and develop free from preventable illness or injury."[31]

Other issues

Other issues affecting children's rights include the military use of children, sale of children, child prostitution and child pornography.

Difference between children's rights and youth rights

Main article: Youth rights

"In the majority of jurisdictions, for instance, children are not allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment."[32] Within the youth rights movement, it is believed that the key difference between children's rights and youth rights is that children's rights supporters generally advocate the establishment and enforcement of protection for children and youths, while youth rights (a far smaller movement) generally advocates the expansion of freedom for children and/or youths and of rights such as suffrage.

Parental powers

See also: Parents' rights movement

Parent are given sufficient powers to fulfill their duties to the child.[10]

Parents affect the lives of children in a unique way, and as such their role in children's rights has to be distinguished in a particular way. Particular issues in the child-parent relationship include child neglect, child abuse, freedom of choice, corporal punishment and child custody.[33][34] There have been theories offered that provide parents with rights-based practices that resolve the tension between "commonsense parenting" and children's rights.[35] The issue is particularly relevant in legal proceedings that affect the potential emancipation of minors, and in cases where children sue their parents.[36]

A child's rights to a relationship with both their parents is increasingly recognized as an important factor for determining the best interests of the child in divorce and child custody proceedings. Some governments have enacted laws creating a rebuttable presumption that shared parenting is in the best interests of children.[37]

Limitations of parental powers

Parents do not have absolute power over their children. Parents are subject to criminal laws against abandonment, abuse, and neglect of children. International human rights law provides that manifestation of one's religion may be limited in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.[19][38]

Courts have placed other limits on parental powers and acts. The United States Supreme Court, in the case of Prince v. Massachusetts, ruled that a parent's religion does not permit a child to be placed at risk.[39] The Lords of Appeal in Ordinary ruled, in the case of Gillick v West Norfolk and Wisbech Area Health Authority and another, that parental rights diminish with the increasing age and competency of the child, but do not vanish completely until the child reaches majority. Parental rights are derived from the parent's duties to the child. In the absence of duty, no parental right exists.[40][41] The Supreme Court of Canada ruled, in the case of E. (Mrs.) v. Eve, that parents may not grant surrogate consent for non-therapeutic sterilization.[42] The Supreme Court of Canada has ruled, in the case of B. (R.) v. Children's Aid Society of Metropolitan Toronto:

"While children undeniably benefit from the Charter, most notably in its protection of their rights to life and to the security of their person, they are unable to assert these rights, and our society accordingly presumes that parents will exercise their freedom of choice in a manner that does not offend the rights of their children."[43]

Adler (2013) argues that parents are not empowered to grant surrogate consent for non-therapeutic circumcision of children.[41]

Movement

Main article: Children's rights movement

See also: Timeline of children's rights in the United Kingdom and Timeline of children's rights in the United States

The 1796 publication of Thomas Spence's Rights of Infants is among the earliest English-language assertions of the rights of children. Throughout the 20th century, children's rights activists organized for homeless children's rights and public education. The 1927 publication of The Child's Right to Respect by Janusz Korczak strengthened the literature surrounding the field, and today dozens of international organizations are working around the world to promote children's rights. In the UK the formation of a community of educationalists, teachers, youth justice workers, politicians and cultural contributors called the New Ideals in Education Conferences[44] (1914–37) stood for the value of 'liberating the child' and helped to define the 'good' primary school in England until the 80s.[45] Their conferences inspired the UNESCO organisation, the New Education Fellowship.

A.S. Neill's 1915 book A Dominie's Log (1915), a diary of a headteacher changing his school to one based on the liberation and happiness of the child, can be seen as a cultural product that celebrates the heroes of this movement.[citation needed]

Opposition

The opposition to children's rights long predates any current trend in society, with recorded statements against the rights of children dating to the 13th century and earlier.[46] Opponents to children's rights believe that young people need to be protected from the adultcentric world, including the decisions and responsibilities of that world.[47] In a dominantly adult society, childhood is idealized as a time of innocence, a time free of responsibility and conflict, and a time dominated by play.[48] The majority of opposition stems from concerns related to national sovereignty, states' rights, the parent-child relationship.[49] Financial constraints and the "undercurrent of traditional values in opposition to children's rights" are cited, as well.[50] The concept of children's rights has received little attention in the United States.[51]

International human rights law

Further information: International child abduction

Main article: Declaration of the Rights of the Child

The Universal Declaration of Human Rights is seen as a basis for all international legal standards for children's rights today. There are several conventions and laws that address children's rights around the world. A number of current and historical documents affect those rights, including the Declaration of the Rights of the Child,[11] drafted by Eglantyne Jebb in 1923, endorsed by the League of Nations in 1924 and reaffirmed in 1934. A slightly expanded version was adopted by the United Nations in 1946, followed by a much expanded version adopted by the General Assembly in 1959. It later served as the basis for the Convention on the Rights of the Child.

International Covenant on Civil and Political Rights

The United Nations adopted the International Covenant on Civil and Political Rights (ICCPR) in 1966. The ICCPR is a multilateral international covenant that has been ratified or acceded to by nearly all nations on Earth. Nations which have become state-parties to the Covenant are required to honor and enforce the rights enunciated by the Covenant. The treaty came into effect on 23 March 1976. The rights codified by the ICCPR are universal, so they apply to everyone without exception and this includes children. Although children have all rights, some rights such as the right to marry and the right to vote come into effect only after the child reaches maturity.[19]

Some general rights applicable to children include:

  • the right to life
  • the right to security of person
  • the right to freedom from torture
  • the right to freedom from cruel, inhuman or degrading treatment or punishment
  • the right to be separated from adults when charged with a crime, the right to speedy adjudication, and the right to be accorded treatment appropriate to their age[19]

Article 24 codifies the right of the child to special protection due to his minority, the right to a name, and the right to a nationality.[19]

Convention on the Rights of the Child

Main article: Convention on the Rights of the Child

The United Nations' 1989 Convention on the Rights of the Child, or CRC, is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. Its implementation is monitored by the Committee on the Rights of the Child. National governments that ratify it commit themselves to protecting and ensuring children's rights, and agree to hold themselves accountable for this commitment before the international community.[52] The CRC is the most widely ratified human rights treaty with 196 ratifications; the United States is the only country not to have ratified it.[53]

The CRC is based on four core principles: the principle of non-discrimination; the best interests of the child; the right to life, survival and development; and considering the views of the child in decisions that affect them, according to their age and maturity.[54] The CRC, along with international criminal accountability mechanisms such as the International Criminal Court, the Yugoslavia and Rwanda Tribunals, and the Special Court for Sierra Leone, is said to have significantly increased the profile of children's rights worldwide.[55]

Vienna Declaration and Programme of Action

The Vienna Declaration and Programme of Action urges, at Section II para 47, all nations to undertake measures to the maximum extent of their available resources, with the support of international cooperation, to achieve the goals in the World Summit Plan of Action. And calls on States to integrate the Convention on the Rights of the Child into their national action plans. By means of these national action plans and through international efforts, particular priority should be placed on reducing infant and maternal mortality rates, reducing malnutrition and illiteracy rates and providing access to safe drinking water and basic education. Whenever so called for, national plans of action should be devised to combat devastating emergencies resulting from natural disasters and armed conflicts and the equally grave problem of children in extreme poverty. Further, para 48 urges all states, with the support of international cooperation, to address the acute problem of children under especially difficult circumstances. Exploitation and abuse of children should be actively combated, including by addressing their root causes. Effective measures are required against female infanticide, harmful child labour, sale of children and organs, child prostitution, child pornography, and other forms of sexual abuse.[56] This influenced the adoptions of Optional Protocol on the Involvement of Children in Armed Conflict and Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

Enforcement

A variety of enforcement organizations and mechanisms exist to ensure children's rights. They include the Child Rights Caucus for the United Nations General Assembly Special Session on Children. It was set up to promote full implementation and compliance with the Convention on the Rights of the Child, and to ensure that child rights were given priority during the UN General Assembly Special Session on Children and its Preparatory process. The United Nations Human Rights Council was created "with the hope that it could be more objective, credible and efficient in denouncing human rights violations worldwide than the highly politicized Commission on Human Rights." The NGO Group for the Convention on the Rights of the Child is a coalition of international non-governmental organisations originally formed in 1983 to facilitate the implementation of the United Nations Convention on the Rights of the Child.

National law

Many countries around the world have children's rights ombudspeople or children's commissioners whose official, governmental duty is to represent the interests of the public by investigating and addressing complaints reported by individual citizens regarding children's rights. Children's ombudspeople can also work for a corporation, a newspaper, an NGO, or even for the general public.

United States law

Further information: Timeline of children's rights in the United States, International child abduction in the United States, and Child labor laws in the United States

The United States has signed but not ratified the CRC. As a result, children's rights have not been systematically implemented in the U.S.

Children are generally afforded the basic rights embodied by the Constitution, as enshrined by the Fourteenth Amendment to the United States Constitution. The Equal Protection Clause of that amendment is to apply to children, born within a marriage or not, but excludes children not yet born.[57] This was reinforced by the landmark US Supreme Court decision of In re Gault (1967). In this trial 15-year-old Gerald Gault of Arizona was taken into custody by local police after being accused of making an obscene telephone call. He was detained and committed to the Arizona State Industrial School until he reached the age of 21 for making an obscene phone call to an adult neighbor. In an 8–1 decision, the Court ruled that in hearings which could result in commitment to an institution, people under the age of 18 have the right to notice and counsel, to question witnesses, and to protection against self-incrimination. The Court found that the procedures used in Gault's hearing met none of these requirements.[58]

The United States Supreme Court ruled in the case of Tinker v. Des Moines Independent Community School District (1969) that students in school have Constitutional rights.[59]

The United States Supreme Court has ruled in the case of Roper v. Simmons that persons may not be executed for crimes committed when below the age of eighteen. It ruled that such executions are cruel and unusual punishment, so they are a violation of the Eighth Amendment to the United States Constitution.[60]

There are other concerns in the United States regarding children's rights. The American Academy of Adoption Attorneys is concerned with children's rights to a safe, supportive and stable family structure. Their position on children's rights in adoption cases states that, "children have a constitutionally based liberty interest in the protection of their established families, rights which are at least equal to, and we believe outweigh, the rights of others who would claim a 'possessory' interest in these children." Other issues raised in American children's rights advocacy include children's rights to inheritance in same-sex marriages and particular rights for youth.

German law

A report filed by the President of the INGO Conference of the Council of Europe, Annelise Oeschger finds that children and their parents are subject to United Nations, European Union and UNICEFhuman rights violations. Of particular concern is the German (and Austrian) agency, Jugendamt (German: Youth office) that often unfairly allows for unchecked government control of the parent-child relationship, which have resulted in harm including torture, degrading, cruel treatment and has led to children's death. The problem is complicated by the nearly "unlimited power" of the Jugendamt officers, with no processes to review or resolve inappropriate or harmful treatment. By German law, Jugendamt officers are protected against prosecution. Jugendamt (JA) officers span of control is seen in cases that go to family court where experts testimony may be overturned by lesser educated or experienced JA officers; In more than 90% of the cases the JA officer's recommendation is accepted by family court. Officers have also disregarded family court decisions, such as when to return children to their parents, without repercussions. Germany has not recognized related child-welfare decisions made by the European Parliamentary Court that have sought to protect or resolve children and parental rights violations.[61]

See also

Global children's rights

Issues

Main article: List of articles related to children's rights

Further information: List of articles related to youth rights

Children's rights organizations

Further information: List of children's rights organizations by country

Further information: Category:Children's rights organizations

References

  1. ^ ab"Children's Rights", Amnesty International. Retrieved 2/23/08.
  2. ^ abConvention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990.
  3. ^Bandman, B. (1999) Children's Right to Freedom, Care, and Enlightenment. Routledge. p 67.
  4. ^"Children and youth", Human Rights Education Association. Retrieved 2/23/08.
  5. ^Lansdown, G. "Children's welfare and children's rights," in Hendrick, H. (2005) Child Welfare And Social Policy: An Essential Reader. The Policy Press. p. 117
  6. ^Lansdown, G. (1994). "Children's rights," in B. Mayall (ed.) Children's childhood: Observed and experienced. London: The Falmer Press. p 33.
  7. ^Jenks, C. (1996) "Conceptual limitations," Childhood. New York: Routledge. p 43.
  8. ^Thorne, B (1987). "Re-Visioning Women and Social Change: Where Are the Children?". Gender & Society. 1 (1): 85–109. doi:10.1177/089124387001001005. 
  9. ^Lansdown, G. (1994). "Children's rights," in B. Mayall (ed.) Children's childhood: Observed and experienced. London: The Falmer Press. p 34.
  10. ^ abBlackstone's Commentaries on the Laws of England, Book One, Chapter Sixteen. (1765-1769).
  11. ^ abGeneva Declaration of the Rights of the Child of 1924, adopted Sept. 26, 1924, League of Nations O.J. Spec. Supp. 21, at 43 (1924).
  12. ^Universal Declaration of Human Rights; 10 December 1948 [Retrieved 16 October 2015].
  13. ^Declaration of the Rights of the Child, G.A. res. 1386 (XIV), 14 U.N. GAOR Supp. (No. 16) at 19, U.N. Doc. A/4354 (1959).
  14. ^Franklin, B. (2001) The new handbook of children's rights: comparative policy and practice. Routledge. p 19.
  15. ^Rodham, H (1973). "Children Under the Law". Harvard Educational Review. 43: 487–514. 
  16. ^ abMangold, S.V. (2002) "Transgressing the Border Between Protection and Empowerment for Domestic Violence Victims and Older Children: Empowerment as Protection in the Foster Care System," New England School of Law. Retrieved 4/3/08.
  17. ^Ahearn, D., Holzer, B. with Andrews, L. (2000, 2007) Children's Rights Law: A Career Guide. Harvard Law School. Retrieved 18 October 2015.
  18. ^UNICEF, Convention on the Rights of the Child, 29 November 2005.
  19. ^ abcdeInternational Covenant on Civil and Political Rights; 16 December 1966 [Retrieved 16 October 2015].
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  25. ^Committee on Social Affairs, Health and Sustainable Development. Children's Right to Physical Integrity, Doc. 13297. Parliamentary Assembly of the Council of Europe, 6 September 2013.
  26. ^Parliamentary Assembly of the Council of Europe. Children's Right to Physical Integrity, Resolution 1952., Adopted at Strasbourg, Tuesday, 1 October 2013.
  27. ^UN (2012). 11. Convention on the Rights of the ChildArchived 2014-02-11 at the Wayback Machine.. United Nations Treaty Collection. Retrieved 1 May 2012.
  28. ^UN Committee on the Rights of the Child (2006) "General Comment No. 8:" par. 3.
  29. ^UN Human Rights Committee (1992) "General Comment No. 20". HRI/GEN/1/Rev.4.: p. 108
  30. ^Newell P. The child's right to physical integrity. Int'l J Child Rts. 1993;1:101 et seq.
  31. ^Committee on Bioethics. Religious objections to medical care.. Pediatrics. 1997;99:279. doi:10.1542/peds.99.2.279. PMID 9024462. reaffirmed May 2009.
  32. ^"Children's Rights", Stanford Encyclopedia of Philosophy. Retrieved 2/23/08.
  33. ^Brownlie, J. and Anderson, S. (2006) "'Beyond Anti-Smacking': Rethinking parent–child relations," Childhood. 13(4) p 479-498.
  34. ^Cutting, E. (1999) "Giving Parents a Voice: A Children's Rights Issue," Rightlines. 2 ERIC #ED428855.
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  37. ^"What is equal shared parenting?" Fathers Are Capable Too: Parenting Association. Retrieved 2/24/08.
  38. ^European Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols No. 11 and No. 14. Adopted at Rome, 4 XL 1950.
  39. ^Prince v. Massachusetts, 321 U.S. 158 (1944).
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  41. ^ abPeter W. Adler. Is circumcision legal? 16(3) Richmond J. L. & Pub. Int 439-86 (2013).
  42. ^E. (Mrs.) v. Eve, [1986] 2 S.C.R. 388
  43. ^B. (R.) v. Children's Aid Society of Metropolitan Toronto. [1995] 1 S.C.R.
  44. ^New Ideals in Education Conferences
  45. ^Newman, Michael (2015) Children’s Rights in our Schools – the movement to liberate the child, an introduction to the New Ideals in Education Conferences 1914-1937, www.academia.edu
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  47. ^DeLamater, J.D. (2003) Handbook of Social Psychology. Springer. p 150.
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  51. ^Mason, M.A. (2005) "The U.S. and the international children's rights crusade: leader or laggard?"Journal of Social History. Summer.
  52. ^Convention on the Rights of the Child, UNICEF. Retrieved 4/3/08.
  53. ^UN (2018). "United Nations Treaty Collection". Retrieved 2018-02-14. 
  54. ^Convention on the Rights of the Child
  55. ^Arts, K, Popvoski, V, et al. (2006) International Criminal Accountability and the Rights of Children. "From Peace to Justice Series". London: Cambridge University Press. ISBN 978-90-6704-227-7.
  56. ^Vienna Declaration and Programme of Action. Section II, para 46 & 47
  57. ^Children's Rights [Retrieved 18 October 2015].
  58. ^In re Gault, 387 U.S. 1 (1967).
  59. ^Tinker v. Des Moines Independent Community School District , 393 U.S. 503 (1969)
  60. ^Roper v. Simmons, 543 U. S. 551 (2005).
  61. ^League for Children's Rights Individual UPR Submission: Germany. February 2009. Submitted by Bündnis RECHTE für KINDER e.V. and supported by President of the INGO Conference of the Council of Europe, Annelise Oeschger. Retrieved December 27, 2011.

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