Abstract
Although philosophers have been commenting on matters of morality for several thousand years, it is only within the last few hundred years that a clear philosophical argument has been developed around the concept of moral rights. Writings on the nature of moral rights, what they are, who can lay claim to them, whom they benefit and what difference their existence makes to social morality — have been the preoccupation of Western philosophy since the time of John Locke (1632–1704). As Almond (1991) notes, although ‘of comparatively recent vintage linguistically, rights belong to a tradition of ethical reasoning which goes back to antiquity. In relation to this tradition the overtones of the notion are legal rather than ethical.’ Needless to say, this interest in rights, be they human, civil, political or social, is neither the sole prerogative of moral philosophers nor their sole interest. The literature on universal human rights has a long and fascinating history, the roots of which can be traced back to the doctrine of natural law, although it is only relatively recently that the rhetoric concerning rights and the popular understanding of them has entered the public domain. Today, therefore, it is not unusual to hear quite unsophisticated individuals demanding ‘their rights’ to parenthood, better housing, sovereignty and such like (Lumpp, 1982; Hart, 1984 [1967]).
This is a preview of subscription content, log in via an institution.
Preview
Unable to display preview. Download preview PDF.
References
Ackerman, T.F. (1991) ‘Innovative life saving treatments: do children have a moral right to receive them?’, in Burgess, M.M. and Woodrow, B.E. (eds) Contemporary Issues in Paediatric Ethics. (The Edwin Meilen Press: Lewiston), pp. 41–56.
Alderson, P. (1990) Choosing for Children: Parents’ Consent to Surgery. (Open University Press: Oxford).
Alderson, P. (1993) Children’s Consent to Surgery. (Open University Press: Buckingham).
Almond, B. (1991) ‘Rights’, in Singer, P. (ed.) A Companion to Ethics. (Blackwell: Oxford), pp. 259–69.
Alston, P. (ed.) (1994) The Best Interests of the Child: Reconciling Culture and Human Rights. (Clarendon Press: Oxford).
Alston, P., Parker, S. and Seymour, J. (eds) (1992) Children, Rights and the Law. (Clarendon Press: Oxford).
Amnesty International (1995) Childhood Stolen: Grave Human Rights Violations against Children. (AI British Section: London).
Archard, D. (1993) Children, Rights and Childhood. (Routledge: London).
Beauchamp, T. and Childress, J. (1989) Principles of Biomedical Ethics, 3rd edn. (Oxford University Press: New York).
Beauchamp, T. and Childress, J. (1994) Principles of Biomedical Ethics, 4th edn. (Oxford University Press: New York).
Benjamin, M. and Curtis, J. (1992) Ethics in Nursing. (Oxford University Press: Oxford).
Brazier, M. and Lobjoit, M. (eds) (1991) Protecting the Vulnerable: Autonomy and Consent in Health Care. (Routledge: London).
Brykczynska, G. (ed.) (1989) Ethics in Paediatric Nursing. (Chapman & Hall: London).
Brykczynska, G. (1991) ‘A Polish perspective’, Primary Health Care, 1(6): 20–1.
Brykczynska, G. (1993) ‘Ethical issues in paediatric nursing’, in Glasper, A. and Tuckee, A. Advances in Child Health Nursing. (Scutari Press: London), pp. 154–68.
Crawford, M. and Morris, M. (eds) (1994) Neonatal Nursing. (Chapman & Hall: London).
Darbyshire, P. (1989) ‘Ethical issues in the care of the profoundly multiply-handicapped child’, in Brykczynska, G. (ed.) Ethics in Paediatric Nursing. (Chapman & Hall: London), pp. 100–18.
Dimond, B. (1996) The Legal Aspects of Child Health Care. (Mosby: London).
Department of Health (1994) The Clothier Report: The Allitt Inquiry. (HMSO: London).
Edwards, J. (1996) ‘Children with learning difficulties and the sacraments’, The Way Supplement 86: The Spirituality of Children, 70–80.
Emson, H.E. (1992) ‘Rights, duties and responsibilities in health care’, Journal of Applied Philosophy, 9(1): 3–11.
Fasting, U. (1995) ‘The new iatrogenesis’, in Lindrom, B. and Spencer, N. (eds) Social Paediatrics. (Oxford University Press: Oxford), pp. 259–69.
Hart, H.L.A. (1984 [1967]) ‘Are there any natural rights?’, in Waldron, J. Theories of Rights. (Oxford University Press: Oxford), pp. 77–90.
Hendrick, J. (1997) Legal Aspects of Child Health Care. (Chapman & Hall: London).
Kultgen, J. (1995) Autonomy and Intervention. (Oxford University Press: New York).
Leach, P. (1994) Children First: What Society Must Do — and Is Not Doing for Children Today. (Penguin: Harmondsworth).
Lifton, B.J. (1988) The King of Children. (Pan: London).
Long, I. (1992) ‘To protect the public and ensure justice is done: an examination of the Philip Donnelly case’, Journal of Advanced Nursing, 17(1): 5–9.
Lumpp, Sr. Francesca (1982) ‘Is health care a right?’, in Curtin, L. and Flaherty, J. (eds) Nursing Ethics: Theories and Pragmatics. (Prentice-Hall: Englewood Cliffs, N.J.), pp. 25–33.
Matthews, G.B. (1994) The Philosophy of Childhood. (Harvard University Press: Cambridge, Mass.).
Montgomery, J. (1993) ‘Consent to health care for children’, Journal of Child Law, 5(3): 1–8.
Newell, P. (1989) Children are People Too: The Case against Physical Punishment. (Bedford Square: London).
Newell, P. (1991) The UN Convention and Children’s Rights in the United Kingdom. (National Children’s Bureau: London).
Rawls, J. (1971) A Theory of Justice. (Harvard University Press: Cambridge, Mass.).
Reckling, J.B. (1994) ‘Conceptual analysis of rights using a philosophic inquiry approach’, IMAGE: Journal of Nursing Scholarship, 26(4): 309–14.
Rogers, W.S. and Roche, J. (1994) Children s Welfare and Children’s Rights: A Practical Guide to the Law. (Hodder & Stoughton, London).
Rosenbaum, M. and Newell, P. (1992) Taking Children Seriously: A Proposal for a Children’s Rights Commissioner. (Calouste Gulbenkian Foundation: London).
Rubellin-Devichi, J. (1994) ‘The best interests principle in French law and practice’, in Altson, P. (ed.) The Best Interests of the Child: Reconciling Culture and Human Rights. (Clarendon Press: Oxford), pp. 259–80.
Slater, M. (1993) Health for All Our Children: Achieving Appropriate Health Care for Black and Ethnic Minority Children and Their Families. (Action for Sick Children: London).
Stainton, R.R., and Stainton, R.W. (1992) Stories of Childhood: Shifting Agendas of Child Concern. (Harvester Wheatsheaf: Hemel Hempstead).
UNCRC (The United Nations Committee of the Rights of the Child) (1995) ‘Response to the UK report (1994) to UNCRC’, reprinted in Child Right, 114, March, 3–5.
Upton, H. (1993) ‘On applying moral theories’, Journal of Applied Philosophy, 10(2): 189–99.
Waldron, J. (1984) Theories of Rights. (Oxford University Press: Oxford).
Warnock, M. (1992) ‘The nature of choice’, in Warnock, M. (ed.) Uses of Philosophy. (Blackwell: Oxford), pp. 223–4.
Whyte, D.A. (1989) ‘Ethics in neonatal nursing’, in Brykczynska, G. (ed.) Ethics in Paediatric Nursing. (Chapman & Hall: London), pp. 23–41.
Worswick, J. (1993) A House Called Helen: The Story of the First Hospice for Children. (HarperCollins: London).
Suggestions for further reading
Emson, H.E. (1992) ‘Rights, duties and responsibilities in health care’, Journal of Applied Philosophy, 9(1): 3–11.
Newell, P. (1991) The UN Convention and Children’s Rights in the United Kingdom. (National Children’s Bureau: London).
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Copyright information
© 1998 Gosia Brykczynska
About this chapter
Cite this chapter
Brykczynska, G. (1998). Children, Rights and Nursing Concerns. In: Tadd, W. (eds) Ethical Issues in Nursing and Midwifery Practice. Palgrave, London. https://doi.org/10.1007/978-1-349-14569-0_7
Download citation
DOI: https://doi.org/10.1007/978-1-349-14569-0_7
Publisher Name: Palgrave, London
Print ISBN: 978-0-333-71005-0
Online ISBN: 978-1-349-14569-0
eBook Packages: MedicineMedicine (R0)