Welcome back to MHREC’s Empowering Children: Building a Rights-Respecting Community Campaign, an awareness series on children’s rights! Today, we’re diving into two critical theories about children’s rights: welfare/interest theory and will/choice theory.
Welfare/Interest Theory
Welfare/interest theory focuses on protecting children’s well-being and essential interests. According to this theory, children have rights because they have significant interests that need protection, such as the right to education, health, and safety. This theory argues that children, due to their immaturity and vulnerability, might not always make decisions in their best interest. Therefore, adults—parents, guardians, and the state—are responsible for acting in ways that promote the child’s welfare and development, even if this means overriding the child’s immediate preferences or desires.
Critical Points of Welfare/Interest Theory:
- Protection of Interests: Rights are in place to safeguard essential interests.
- Adult Responsibility: Emphasises the role of adults in making decisions that benefit the child’s overall welfare.
- Holistic Development: Ensures children’s physical, emotional, and educational needs are met.
Will/Choice Theory
Will/choice theory, on the other hand, centres on autonomy and the capacity to make choices. This theory posits that having rights means having the ability to make decisions about one’s own life. It highlights the importance of respecting children’s emerging capacities to participate in decisions that affect them. However, critics argue that this theory excludes individuals who lack full autonomy, like children. However, proponents like H. L. A. Hart suggest that children can have rights through proxy decision-making, where representatives (parents or guardians) make decisions on behalf of the children, as the children would if they were capable.
Critical Points of Will/Choice Theory:
- Autonomy: Focuses on the capacity to make choices as the essence of having rights.
- Proxy Decision-Making: Allows for children’s rights to be represented by adults until they can make autonomous decisions.
- Participation: Promotes involving children in decision-making processes as they develop.
Balancing Welfare and Will
The debate between welfare/interest and will/choice theories highlights the need for balance. While it’s essential to protect and promote children’s welfare, it’s also important to respect their growing independence and ability to contribute to decisions about their lives.
Practical Implications
In practice, balancing these theories can be seen in various aspects of children’s rights:
- Education: While ensuring children attend school (welfare), their opinions on their educational interests should be considered (will).
- Healthcare: Decisions should prioritise children’s health needs (welfare) and involve them in conversations about their care as they mature (will).
- Legal Systems: Protecting children’s best interests in legal proceedings (welfare) while listening to their views and preferences (will).
Snapshot in Malta
The “Empowering Children App” project embodies these philosophical concepts by enhancing child participation and autonomy while ensuring necessary adult support. Co-funded by the EU’s CERV program, the project aims to allow children to express their views and influence decisions. Implemented by the Ministry for Social Policy and Children’s Rights, University College Cork, and the Commissioner for Children, the project includes:
- Creating an online participation platform.
- Supporting vulnerable children.
- Building policymakers’ capacity.
- Raising awareness about children’s rights.
Further details on the ‘Empowering Children App’ project may be found here.
Conclusion
Understanding these theories helps us develop a more comprehensive approach to children’s rights. By balancing welfare and will, we can better support and empower children while respecting their needs and emerging capacities.
Il-Homework tal-Ġimgħa: Discussion
What do you think is more important for children—protecting their well-being (welfare) or respecting their ability to make choices (will)? Share your thoughts and experiences in the comments below. How do you see these theories applying in real life? Do you have examples where either welfare or will should be prioritised?
This activity is part of the project “Strengthening Children’s Rights Advocacy through International Training”. Partly funded by the Government of Malta Social Causes Fund.
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