Harry Brighouse

According to the interest theory of rights, the primary function of rights is the protection of fundamental interests. Since children undeniably have fundamental interests that merit protection, it is perfectly sensible to attribute rights, especially welfare rights, to them. The interest theory need not be hostile to the accommodation of rights that protect agency because, at least in the case of adults, there is a strong connection between the protection of agency and the promotion of welfare. Children have welfare rights similar to those of adults. But children lack the agency rights adults have because children initially lack and only gradually develop the kinds of capacities for agency that are necessary for agency rights. Children's rights to culture, religion, and free expression are ill‐conceived.

Most of the estimated 855 million people in the world (one sixth of the population) without access to schooling are women and girls. Two thirds of the 110 million school age children not in school are girls (UNGEI, 2002). This injustice has been a focus of attempts at coordinated international policy interventions since the 1990s, sometimes loosely referred to as the Education for All (EFA) movement. The first of the millennium development targets - gender equity in education - is supposed to be reached by 2005, but it is widely acknowledged that it will be missed. A number of different social theories underpin the EFA policies. By the late 1990s a widespread consensus was emerging that the concept of rights provided a fruitful theoretical, political and policy way forward on this issues. Policy documents and declarations took on a language of rights, which supplanted earlier ideas of basic needs and gender interests. In these documents rights appeared isomorphic with the more philosophically developed versions of basic needs and gender interests in the work on capabilities undertaken by Amartya Sen and Martha Nussbaum.

This paper is an engagement with Equality by John Baker, Kathleen Lynch, Judy Walsh and Sara Cantillon. It identifies a dilemma for educational egalitarians, which arises within their theory of equality, arguing that sometimes there may be a conflict between advancing equality of opportunity and providing equality of respect and recognition, and equality of love care and solidarity. It argues that the latter values may have more weight in deciding what to do than traditional educational egalitarians have usually thought.