Liebel, M. (2012). Children’s rights from below: cross-cultural perspectives. New York: Palgrave Macmillan. 272 pages.
In Children’s Rights from Below: Cross-Cultural Perspectives, Manfred Liebel gathers together ten of his essays, including two that he co-wrote with Ivan Saadi, and three other essays from Karl Hanson, Wouter Vandenhole, and Saadi. Together, the authors answer in this book four sets of overlapping questions: How can children themselves exercise and enjoy their rights? What conditions should be created to enable the children’s exercise of these rights? What must happen so that children’s rights become relevant to the children, that children recognize the rights as relevant to themselves, and that they use these rights for their current and future lives? In what ways do the children need support and how can they claim such support?
In this book, Liebel and his companions do not address whether children can and should have rights or whether it makes sense to grant them these rights. Instead, the authors take these as given and move to address how the narrow focus of the children’s rights debates on the responsibilities of the states and on legal procedures, while important, has decontextualized children’s rights and has severely hindered an adequate reconceptualization of these rights. The debate has become technical, “on the most effective and efficient way to implement children’s rights, how best to monitor this implementation and how this can be organized” (p. 2, citing Reynaert et l., 2009, p. 528). The discourse has given little attention to the rights’ broader meaning and implication, the contexts and conditions of their creation and exercise, and their significance and relationship to the children as right-bearers (p. 1).
In this book, Liebel and his companions answer the overlapping questions and approach children’s rights as rights held and necessarily exercised by children. They particularly focus on rights that “open up an ensemble of concepts, practices and methods that can be and are used by children themselves in ways contributing to their own welfare” (p. 2). With practical intention, the authors put forward their answers and approaches in 13 essays divided into four parts.
The first part, “Contexts of Children’s Rights Discourses,” explains the perspective on children’s rights that the authors have taken in this book. The first of the three chapters, all written by Liebel, in this part, “Framing the Issue: Rethinking Children’s Rights,” gives an overview of the main arguments for a rethinking of the children’s rights discourse. The rethinking involves moving beyond the United Nations Convention on the Rights of the Child (UNCRC) that was drafted based on European theories of childhood, premised on children’s difference from adults and the children’s need of protection, and without the participation of children. This also involves questioning not only the universal validity of the UNCRC but also how these rights can move beyond law and its administration. Children must perceive these rights as theirs, realize and claim these rights, and have these realizations and claims recognized.
The second chapter, “Hidden Aspects of Children’s Rights History,” brings to light some hidden and overlooked aspects of the history of children’s rights. By hidden and overlooked, Liebel means the movement in the history of children’s rights that strove for the equality and participation of children in society that ran separately, until recently, from the movement that emphasized the protection of children and later the guaranty of their dignified living conditions. The latter movement has a long history but found “first marked expression” in the Geneva Declaration of the Rights of the Child by the League of Nations in 1924 (p. 32) and continued in many international agreements until the UNCRC. The former, the movement for the equality and participation of children, also found expression in the UNCRC but this movement is of a younger age, with exceptions, and it is on this that Liebel focuses this chapter on.
Except for the pamphlet of Thomas Spence (1750-1814), a person tagged as a radical advocate of the common ownership of land, the first document in the West to expressly promote the self-determination rights of children was the Moscow Declaration of Children’s Rights in 1918. The organization, Free Education of Children, which was founded during the Russian revolution, introduced this document advancing children’s equality to adults “in freedoms and rights at all ages,” when not lacking in physical and mental abilities (p. 34), and their participation.
The other exception that Liebel notes is that of many non-Western countries. These countries, like those in Africa and Meso and South America, have customs that have been there for centuries where capacities and certain tasks, which to Western understanding are reserved for adults, are assigned to children. In the highlands of Bolivia and Peru, for example, ten- or twelve-year old children are elected to be mayors. In some African and South American regions, children handle and take responsibility for pieces of land or for cattle at very young ages.
The third chapter, “Children’s Rights Contextualized,” discusses different pitfalls in reference to children’s rights as well as action points to make rights accessible and valuable to children. To demonstrate the pitfalls, Liebel cites extensively the cases of the children living and working in the streets in Guatemala and India, the children who arrive as refugees in Europe separated from their parents or adult guardians, and the child-headed households in Africa. For adults, the best interest of the children is clear in these cases, the adults being traditionally protectionists; but to the children who are in these situations, their best interest is the support to thrive in these situations. Children’s rights, as they are stipulated in the UNCRC and understood, have not been useful among these children. Thus, to Liebel, the task is not merely to implement formally existing rights but to ensure that these implementations align with the cultural, political and structural contexts of the children and weighed against the possible consequences to children’s lives.
After explaining the perspective on children’s rights that they have taken in this book, the authors spend the second part, “Theoretical Perspectives,” to present theoretical perspectives that they hope would contribute to the further conceptualization of children’s rights. There are four chapters under this part and the first chapter, Chapter 4, “Schools of Thought in Children’s Rights,” is authored by Karl Hanson. In this chapter, Hanson identifies four schools of thought in children’s rights that can be considered as belonging to a continuum bookended by the paternalist school on one end and liberationist on the other. The other two, falling between these ends, are the welfarist and emancipist schools. Paternalist school views children as dependent, human becomings—not human beings—who are generally incompetent to make rational decisions and thus, in need of protection and special rights. Liberationist school, which could be labelled as anti-paternalism, considers children as “independent actual citizens (beings) who are competent to make well-founded, rational decisions” and have participation and equal rights with adults (p. 73). Welfarist and emancipist schools fall between these two ends of the continuum and hold that children are both human becomings and beings. In terms of competence, both schools consider children incompetent unless proof to the contrary is presented: in the welfarist school, the burden of proof lies on those in favor of recognizing children’s competence and in the emancipist, on those not in favor.
Walter Vandenhole authors the next chapter, Chapter 5, “Localizing the Human Rights of Children.” In this chapter, Vandenhole begins from the observation that standard-setting on children’s rights have been traditionally top-down. Representatives of states drafted the UNCRC in the 1980s and promulgated it in 1990. From then on, states have been trying to implement UNCRC’s stipulations on the ground and the UN agencies monitor these implementations. Vandenhole notes that this top-down process has been challenged as nonresponsive to specific and local challenges and is impervious to how people on the ground receive the rights. Vandenhole, therefore, argues for a localization of children’s right. Following the theoretical work of Koen De Feyter (2007 and 2011) and the methodological work of Gaby Oré Aguilar (2011) in general human rights, Vandenhole argues for making children’s local needs and issues the starting point for the further interpretation and elaboration of the normative children’s rights and for the development of actions on children’s rights. The objective is to inform and transform the global norm on children’s rights. To do this, to impact global norm-setting in children’s rights, Vandenhole identifies four actors whose linkage with each other are necessary: community-based organizations to national children’s rights nongovernmental organizations (NGOs) to international children’s rights NGOs, and to governmental and intergovernmental organizations.
Liebel comes back to write Chapter 6, “Discriminated Against Being Children: A Blind Spot in the Human Rights Arena.” He begins this chapter with two epigraphs: the first, a story of a 12-year old who called for an ambulance but was not entertained by the respondent because she (the gender of the child was not mentioned) was not an adult and the second, a story of a 16-year old who walked into a shop and was followed around inside by the security guard. From these stories, Liebel highlights the recent attention that age-based discrimination has attracted after having been sidelined from the debate and research about human and children’s rights for a long time. For him, this reality points to a questioning on the normal separation and subordination of childhood as a phase and as an age group. This is also a challenge: children are perceived more clearly as subjects and agents but are still hindered from obtaining social status that would further their opportunities and allow them to exert influence.
Chapter 7, “Children’s Rights and the Responsibilities of States: Thoughts on Understanding Children’s Rights as Subjective Rights,” identifies some shortcomings of the currently state-focused rights system for children. These shortcomings stem from the reality that many children find children’s rights as alien concept—they are not using them—and the reality that the one empowered to act on their rights are not the children themselves but the states and institutions. The chapter authors Liebel and Saadi, thus, advance the idea to go beyond the codification of rights and work towards making the children’s rights as subjective rights of children.
The authors put forward two broad categories of engagement innovations that would provide alternatives for the realization of the subjective rights of children. One category, “immanent innovations,” includes innovations that strengthen the influence and decision-making powers of the rights bearers on extant laws and policies and within the existing human rights system. Examples of this type of innovation include the proposed introduction of an individual complaints mechanism into the international rights framework and the emergence of children’s councils and fora at the national and regional levels. The other category, “transformative innovations,” includes innovations demonstrated in the emergence of children’s rights-related practices and strategies independent of the state. These include self-help groups of children and children social movements. For Liebel and Saadi, this latter type of innovations has the potential “to achieve a more fundamental reordering of the social and economic relations that condition the situation of children’s rights” (p. 118).
After the introduction and the presentation of theories, the authors of the book get into answering the more practical questions in the next part, part three, “Practical Perspectives.” In this part, the authors explore the following questions in four chapters: What drives children to frame demands in a language of rights? How, in doing so, can they also go beyond the codified rights? Why is it important to recognize and enforce these demands? The first chapter of this part, Chapter 8, “Grassroots Children’s Rights,” presents various examples of children’s rights, formulated by the children themselves as individuals and collectives, coming from at least 28 different countries from all continents. Liebel, who again authors this chapter, emphasizes the significance of what the children thinks about their rights as it is their lives that are affected and therefore, their thoughts are a source of validity and appropriateness of extant codified rights. One consequence of this process is that children’s views of their rights can differ from the views of the adults but dismissal of these views on whatever grounds are not options anymore as unveiled by the new social childhood studies. Another consequence is that these views may not be explicitly rights claims and in the terminology of rights discourse for “codified laws never provide a sufficient particular and specific problems and life situations of children” (p. 141).
In the next chapter, Chapter 9, “Children’s Rights as ‘Work in Progress’: the Conceptual and Practical Contributions of Working Children’s Movements,” Ivan Saadi presents the examples of the working children’s movements and organizations in different non-Western countries from different continents to argue that children’s rights is still a work in progress. The case of the child workers and the children’s workers movements is contentious within the children’s rights movement for, among others, while important segments in the movement are working towards the eradication of child labor and have not been giving space for the voice of the working children, working children’s organizations are pursuing for the children’s right to work. Another source of contention are the gaps between the official exegesis of and expectations on these rights and the definitions and interpretations of these rights that children themselves created. However, the actions of the organized working children are realizing improvements for their own and other children’s lives and they are impacting the codified rights as well.
In Chapter 10, “Cultural Variations in Constructions of Children’s Participation,” Liebel and Saadi discuss concepts and practices of participation in different cultural, economic, and political contexts. They ask and put forward answers to the following questions: Can the codified participatory rights be understood and implemented in an intercultural sense? Can children’s agency in non-Western cultures be understood as potentially transformative rights exercised by children? They also ask whether the cases of children, who in their non-Western countries assume economic and political responsibilities, presented in this chapter, can be conciliated with how participation stipulated in the UNCRC, particularly Article 12, is understood. The authors particularly highlights the case of the protesting children in Loxicha, Mexico that Anne-Marie Smith wrote about in 2007.
Smith wrote that from 1997 to 2001, the Loxicha children joined their mothers and other relatives in setting up protest camp in front of the government buildings in Oaxaca City to protest the arrest of their fathers, brothers and uncles, around 150 of them, accused of being part of the rebel group Popular Revolutionary Army (Ejército Popular Revolucionario). The children and their families were Zapotec who lived in San Agustín Loxicha, a rural area located 160 kilometers south of Oaxaca City (“Google Maps,” n.d.). The children took part in the marches, sit-ins and hunger strikes but also continued to play, work and go to school (Smith, 2007, pp. 34 & 38). This type of children’s participation, as Smith (2007) contends, however, is “not envisaged by the CRC and its ideals” (p. 52).
Liebel and Saadi ask the same question that Smith asked and scholars and child rights advocate have been exerting effort to delimit what constitutes child participation. But, Liebel and Saadi caution about constraining the notion of participation as it poses the risk of muting many instances of children’s participation in different social spheres.
In the last chapter of part three, Chapter 11, “Children’s Citizenship – Observed and Experienced,” Liebel returns as a solo author to explore different concepts of citizenship that would enable children to participate fully in all social matters and in their own free will. He presents three concepts of citizenship that can be applied to the case of the children: citizenship-as-practice, citizenship from below, and difference-centered citizenship. Citizenship-as-practice considers citizenship as not a result from a learning or maturity process as citizenship-as-achievement, its contrast, does. Citizenship-as-practice recognizes that life experiences, from the cradle to the grave, not only qualify all people, including children, to take part in society and demand their integral role in society but also supply opportunities to socially participate. Citizenship from below is similar to citizenship-as-practice but “takes into account the structures and power relations which impact upon this life” (p. 186). This means, with the knowledge that they are deprived of their rights, the children act as if they are already full pledged citizens. Difference-centered citizenship accounts for the difference between adults and children, which are both biological and socially constructed. In this kind of citizenship, children are equal citizens with the right to belong as “differently equal” members of society (p. 189, citing Lister, 2006, p. 25).
Although these concepts show a demand for change in the recognition, freedom and equality of children, Liebel questions how these can be put into practice; “in other words, how the latent citizenship present in children’s everyday activities can be transformed into a manifest citizenship, granting children direct influence on decision-making” (p. 193). This question, according to Liebel, is directly linked to the question of autonomy. To the children, especially the socially disadvantaged and marginalized, citizenship can only become practice if they are able to assert their own individual and collective interest in society even when these interests are not aligned with those of the adults and this can begin through children empowerment projects.
The last part of the book, Part IV, “New Frameworks for Children’s Rights from Below,” contains two chapters all written by Liebel. The first chapter, Chapter 12, “The Role of Children in Shaping New Contexts of Children’s Rights,” presents three areas where children’s roles are pushing the boundaries of their rights and definitions of childhood: child protagonism, children as actors in the economy, and child researchers. By child protagonism, Liebel means children’s involvement in social movements not only in the case of movements of children that push for children’s rights and welfare but also in the case of movements for the betterment of the general society. Children have also been actors in new modes of economy and have become researchers on their own behalf.
In the last chapter of the book and of this part, Liebel discusses two roles that adults should assumed given the areas where children are pushing the boundaries of their rights and the definitions of childhood. At the onset, Liebel asserts that adults are important in the realization of children’s right and adults should support the children and there are already many given reasons for this. But, adults should insist on the independence of children and should understand of their, the adults’, role as co-protagonist.