Children’s rights have been included in the philosophical discussion only in the course of the written specifications of human rights. The last two hundred years of literature have dealt with a modern childhood conception, and the last hundred years of science (Archard p. 33). The French philosopher Jean-Jacques Rousseau is notable here with ‘Emile or about education (1762)’ (Archard p. 1 Emile (1762) the earliest manifesto for a ´child-centred´ education). Prior to this, the English philosopher John Locke published his ideas on childhood (Some Thoughts concerning Education 1693, Archard ibid.: He did not write a philosophical treatise on childhood…recommends the appropriate education for a young gentleman). Kant stands for ‘priority thesis’ and a dynamic view on childhood limited to the time until the outgoing adolescence (More you will find in the last chapter of this publication, for graphical derivation, see: Boesen 2017). A breakthrough was made by the United Nations in the year 1959, and in 1989 the moment came valid version of the UNCRC (For history, seehttp://www.kinderrechte.de/kinderrechte/geschichte-der-kinderrechte/Accessed 01.08.2017). In the meantime, over 190 states have ratified the UNCRC, but only a few have included it in the state constitutions (Archard p. 107). Archard cites several reasons for the importance of the UNCRC. It has an influence on laws and policy makers who think about status quo of children (ibid.). It serves as a crucial benchmark for governments to report progresses in the field of children’s rights (ibid.). There are regular reports and clear obligations for the infrastructure (ibid.). Nevertheless the practical and statutory influences of UNCRC are limited. First of all, Archard alludes to the worldwide systematic abuse of children’s rights. Many children are subject to forced labor, refugees and child asylum seekers are often separated from their families. Orphans under government welfare and control are often subject to various forms of abuse, and reside in institutions where they experience trauma and neglect (ibid p. 109). Archard identifies the absence of an international court (ibid.) in many countries as a main reason for the lack of implementation of the UNCRC. However, since April 14 th. 2014 the possibility of individual complaint with third optional protocol (short OP3 CRC): ‘OP3 CRC came into force three months after the 10th State ratified the protocol. A complaint against one of the ten first States parties can be brought in relation to a violation of children’s rights that took place after this date’ (See: What is the OP3 CRC?https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPICCRC.aspxAccessed 13.03.2019). The following countries have joined this appeals procedure at 25 September 2014: ‘[…] 13 States had ratified OP3 CRC: Albania, Belgium, Bolivia, Costa Rica, Gabon, Germany, Ireland, Monaco, Montenegro, Portugal, Slovakia, Spain and Thailand.’ (ibid.).
Archard evaluates the UNCRC as the magnum opus of international legal children’s rights (ibid. p. 57). Since no legal claim has been formulated on the UNCRC in the German Basic Law, they remain moral rights although the view is justified: ‘These need not be accepted as moral rights.’ (Archard 2016 Stanford Encyl.). Meanwhile, a political majority will incorporate children rights into the constitution, see (https://www.bmfsfj.de/bmfsfj/mediathek/72628!search?query=kinderrechte+ins+grundgesetz&search-button=%C2%A0&newSearch=trueAccessed 13.03.2019).
Archard compares moral rights with adult ones (Archard p. 60) and affirms that children’s rights are also those ones they need to become future adult life (ibid. p. 63). Thus, it is obvious to consider each development phase of childhood. The view on childhood phases clarifies the importance of main emphases of children’s rights. The importance of the first childhood stages in particular are shown by Sigmund Freud (Psychiatrist, 1856 – 1939, Arnold et al. Vol 1 p. 635. founder of Psychoanalysis (Hügli p. 303) and afterward of Depth psychology (Arnold ibid, All citations from Arnold are translated from the German into Eng
