论作为权利的童年

Childhood as Children’s Right

从工业革命时期的儿童拯救话语到20世纪《儿童权利公约》的最终确立,童年作为一项权利得到了国际社会的普遍确认。由《儿童权利公约》勾勒的童年图景,即童年是健康的、自由的、幸福的,童年是免于经济责任的,童年的任务是发展等可知,童年是一项自决权利,亦是一项福利权利。作为权利的童年暗含如下悖论:无法克服儿童-成人二元论,无法平衡保护优先与自决优先,无法协调文化通约性与文化差异性。鉴于此,成人应当尊重儿童作为童年的拥有者与界定者,鼓励儿童塑造与丰富童年文化。

From children saving in the Western Industrial Revolution to the establishment of Convention of the Rights of the Child in 20th century, childhood as children ’ s right has been accepted internationally. According to Convention of the Rights of the Child, childhood should be healthy, free, happy, and exempt from financial responsibility. Childhood is development, a right of self-determination and welfare. The inherent paradox of the concept of childhood seen as children’s right lie in the following aspects: unavoidable and hard to overcome the dualism of children and adults, the contradiction between priority of protection and priority of autonomy, and the cultural compatibility and cultural differences. Therefore, adults should respect children as owners and dcfincrs of their own childhood. Children should be encouraged to shape and enrich their childhood culture.