How to Protect Children? A Pragmatic Approach: On State Intervention and Children’s Welfare

Abstract

AbstractIf a child’s well-being is at risk of considerable harm within their own family, state institutions usually intervene. In severe cases, the parents’ right to rear is suspended. Cases of risk assessment and potential state intervention are decided within a conflict between parents’ rights and claims of children for protection. There is, we argue, a standard model of normative assessment underlying these decisions: It rests on premises rooted in classic liberal political philosophy, which is prevalent in many Western societies, such as a strong commitment to individualism, a separation of private and public, or a conceptualization of children as lacking the status of full right holders. We proceed in three steps. Based on cases in social work and child welfare offices, firstly, the article proposes an inductive approach to describe the problem. Second, we point out the most critical problems and shortcomings of the standard model. On this basis, third, we develop an alternative, pragmatistic perspective on child welfare and state intervention. It argues that child welfare must be understood more broadly as a societal concern than merely as a matter of the legitimacy of state intervention. A practice-oriented section follows to show what conclusions can be drawn from our alternative model.