The Ethics of Child Advocacy: Balancing Autonomy and Protection in our Legal Systems

Abstract

Children hold a special place in our society; as adults, we assume a responsibility to protect our children, yet we are also taught to grant children the opportunities to practice independence. The question of how much autonomy children should be allowed is longstanding, and its answer is critical to how our youth are viewed and utilized in our legal systems. How do we balance a child\u27s autonomy and independence with our duty to protect them, and how does this apply to our utilization of children in our legal systems? There are times in which a child’s life is at risk of being upended due to legal circumstances, such as cases of abuse and neglect. In these cases, hearing the voice and opinions of the child can provide us with critical insight into a situation as well as a valuable perspective on how to approach the decision making process. However, it is clear that this also presents the risk of adding to a child’s trauma; additionally, there are times in which the wants of the child are vastly different than the child’s needs. This raises the following question: How can legal systems ensure that children’s voices are heard while also protecting their safety and well-being? This thesis will explore the ideas of autonomy, protection, and children’s rights through philosophical study and interviews with those directly involved with children in our legal system. I believe the findings will show that legal systems can balance a child’s autonomy and their protection by adopting a reformed and more nuanced version of the “best interests of the child” standard, which would incorporate both the child’s expressed wishes and the results of well-being assessments. Additionally, integrating child participation into our legal systems as a fundamental human rights obligation, rather than as a conditional privilege, can help to ensure a more ethical approach to balancing the concerns at hand