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Silent Epistemologies

Abstract This article presents a conceptualisation of children’s participation rights based on Miranda Fricker’s epistemic injustice. Drawing on research conducted in a secondary school in the UK, the article applies Fricker’s framework, in particular her concepts of testimonial and hermeneutical injustice, to explain some of the reasons for adults’ disquiet around children’s participation rights. Fricker’s concept of testimonial injustice explains how prejudice about a social group results in deflated attributions of credibility to their views and opinions. Hermeneutical injustice occurs when a social group struggles to make sense of their social experiences because of insufficient interpretive resources in the collective social imagination. By applying these concepts to children, I highlight the role of silence in conceptualising children’s right to be heard and to freedom of expression. I present a conceptual framework of participation, informed by epistemic injustice and based on empirical research, in order to bolster children’s participation rights.

Amy Hanna

Responding to Epistemic Injustice against Child Soldiers

Abstract This empirical study examines the impact of epistemic injustice on child soldiers while exploring the potential of the Baraza structure – a local jurisprudence in the Democratic Republic of Congo – to pursue the “the best interests of the child” principle, particularly in the process of holding young soldiers accountable. Epistemic injustice, conceptually developed by Miranda Fricker, consists of “testimonial injustice”, when the hearer gives a deflated level of credibility to a speaker’s word due to prejudice; “hermeneutical injustice”, which takes place when a structural breach in collective interpretive imagination resources unfairly disadvantages a person or social group when trying to render intelligible their social experiences; and “distributive epistemic injustice”, which happens when “epistemic goods” (education and information) are inequitably distributed. The research outcomes suggest that Baraza jurisprudence has the potential to avert epistemic injustice, and to promote a non-discriminatory treatment of accused former child and adolescent soldiers.

Jean Chrysostome K. Kiyala

Children’s Right to Participate: The Lundy Model Applied to Early Childhood Education and Care

Abstract Children have the right to express their views in all matters affecting them, and to have them considered and given due weight. Children’s participation is most meaningful when rooted in children’s everyday lives, and its promotion should be encouraged from the youngest ages, especially in early childhood education and care ( ecec ). In this paper we apply the Lundy model of participation, widely used in policy, practice and professional development initiatives, to the ecec context. Based on examples provided by ecec professionals from Belgium, Greece, Poland, and Portugal, we illustrate the implementation of the elements of space, voice, audience and influence, proposed by the Lundy model. We also discuss the interrelations among these elements and the need for organisational and contextual support to enhance children’s participation. This paper adds to existing literature, highlighting theoretical and practical issues associated with the promotion of children’s right to participate in ecec .

Nadine Elisabete Fernandes Gomes Correia, Cecília Aguiar, The participa Consortium

Barriers to Effective, Equitable and Quality Education

Abstract The Israeli occupation has had a considerable negative impact on the lives of Palestinians, such that achieving an effective, equitable, quality education for all children is far from being realised. Palestinian children are not only adversely affected by the occupation, but also by an educational system that fails fully and systematically to accord them their rights. Using rights-based participatory methods informed by human rights protocols, we explored the experiences of children with disabilities’ inclusion in schools. Our findings show that there is continuing failure to understand or implement the provisions of the uncrc or uncrpd, and that these children are systematically excluded or marginalised from education. We suggest that children’s rights to educational inclusion can be achieved by means of a whole system, whole educational and whole person approach, along with a consideration of a rights-based policy framework.

Alison MacKenzie, Christine Bower, Mohammed Owaineh

The Child’s Right to Protection against Economic Exploitation in the Digital World

Abstract Children face significant consumer risks when surfing online, related to, inter alia, embedded advertisements and privacy-invasive practices, as well as the exploitation of their incredulity and inexperience resulting in overspending or online fraudulent transactions. Behind the fun and playful activities available for children online lie complex revenue models, creating value for companies by feeding children’s data into algorithms and self-learning models to profile them and offer personalised advertising or by nudging children to buy or try to win in-app items to advance in the games they play. In this article we argue that specific measures against these forms of economic exploitation of children in the digital world are urgently needed. We focus on three types of exploitative practices that may have a significant impact on the well-being and rights of children – profiling and automated decision-making, commercialisation of play, and digital child labour. For each type, we explain what the practice entails, situate the practice within the existing legislative and children’s rights framework and identify concerns in relation to those rights.

S. van der Hof, Eva Lievens, Ingrida Milkaite et al.

The Decolonisation of Children’s Rights and the Colonial Contours of the Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (uncrc) 1989 has been celebrated for its universal acceptance. However, questions still arise around its provenance and representation. In particular, the Convention is deemed to enshrine Western notions of childhood upon which its rights were constructed. However, the legacy of the colonial contours of the new world order are often excluded within the context of children’s rights. It has been suggested that the new imperialism brandished under the guise of “children’s rights” serves as an effective tool to “beat” the Global South, deflecting from the continued Western dominance within the field of children’s rights. This paper interrogates the power dynamics and colonial legacy upon which views of children are formed, centralising the multitude of issues in the arena of children’s rights in the wake of what can be identified as Hokusai’s wave. 1

Elizabeth A. Faulkner, Conrad Nyamutata

Children and Young People’s Participation Rights: Looking Backwards and Moving Forwards

Children and young people’s participation is an ever-growing demand. Thirty years on from the UN Convention on the Rights of the Child’s adoption, however, fundamental challenges continue for participation that are widely recognised cross-nationally but remain stubbornly consistent. As a way in to considering the children and young people’s participation literature more generally, all articles referring to participation in their titles were identified from The International Journal of Children’s Rights. These 56 articles were analysed to identify trends, challenges and opportunities. The analysis found: a remarkably consistent narrative on participation over the 30 years; limitations on domains considered, geography and conceptual clarity; and far more written about challenges than solutions. Drawing on these findings and considering the participation literature more generally, the article recommends that the field expands its geographic and intellectual boundaries, uses powerful concepts like agency, competency and autonomy with greater precision, and explores fresh ideas like child protoganism, activism and children as human rights defenders.

Christina McMellon, E. Kay M. Tisdall

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