Right of the Child: History and Modernity — from Object of Care to Subject of Right
Introduction: A Change of Paradigm
The history of the rights of the child reflects the evolution of conceptions of childhood and the place of the child in society. Up to the 20th century, children were predominantly viewed as objects in the legal field — either under parental authority (Roman patria potestas) or under state guardianship and charity. Modernity is marked by the transition to the concept of the child as a subject of rights, possessing his own, inalienable freedoms and interests, which the state is obligated to protect. This is a fundamental shift from "the right to the child" to "the rights of the child".
Historical Premises: from Industrialization to Humanization
The modern concept of the rights of the child has been formed as a result of several key processes:
Industrial Revolution and the beginning of legislative protection: The widespread use of child labor on factories in the 18th-19th centuries led to the first laws on limiting the working day and age of children (e.g., the English Factory Acts of 1802 and 1833). This was the first step in recognizing the vulnerability of the child and the responsibility of the state.
Movement for the salvation of children and juvenile justice: At the turn of the 19th-20th centuries, in the United States and Europe, the movement "child savers" emerged, which fought against neglect and cruelty. The most important legal innovation was the creation of the first juvenile court in Chicago (1899), based on the idea of rehabilitation, not punishment.
The Declaration of the Rights of the Child in 1924 (Geneva Declaration): Adopted by the League of Nations at the initiative of Eglantyne Jebb, the founder of Save the Children, it first formulated five principles of international care for children. However, it was a moral, not legally binding document.
Key fact: In 1919, when the International Labour Organization (ILO) was created, one of it ...
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