"Consumer protection laws were enacted to regulate product
safety and advertising aimed at children... the “best interests of the child” became a touchstone for
legal reform. But the 20th century [ ] witnessed a momentous
shift, one that would ultimately threaten the welfare of children: the rise of
the for-profit corporation."
An Op Ed in The New
York Times by Joel Bakan, a law professor at the University of British
Columbia, is the author of “Childhood Under Siege: How Big Business Targets
Children,” provides insight into the conflict between laws enacted to protect children's best interest and the newly emerging laws that protect corporate best interests.
This conflict of interest has resulted in devastating consequences: children's best interest--their health and welfare have been sacrificed for corporate profits.
Bakan cites childhood obesity resulting from irresponsible advertising by the purveyors of junk food. And the proliferation of toxic chemicals in children's environment that have undermined children's health. And he cites under-regulated pharmaceutical industry practices, noting that corporate deception led to widespread prescribing of psychotropic drugs for children
While the statement
is true, readers are not informed about the actual scope and magnitude of the
deceptive practices by pharmaceutical companies and their professional healthcare
"partners" in government and academia that are undermining children's health and welfare.
Vancouver,
British Columbia
WHEN I sit
with my two teenagers, and they are a million miles away, absorbed by the
titillating roil of online social life, the addictive pull of video games and
virtual worlds, as they stare endlessly at video clips and digital pictures of
themselves and their friends, it feels like something is wrong.
No doubt
my parents felt similarly about the things I did as a kid, as did my
grandparents about my parents’ childhood activities. But the issues confronting
parents today can’t be dismissed as mere generational prejudices. There is
reason to believe that childhood itself is now in crisis.
Throughout
history, societies have struggled with how to deal with children and childhood.
In the United States and elsewhere, a broad-based “child saving” movement emerged
in the late 19th century to combat widespread child abuse in mines, mills and
factories. By the early 20th century, the “century of the child,” as a
prescient book published in 1909 called it, was in full throttle. Most modern
states embraced the general idea that government had a duty to protect the
health, education and welfare of children. Child labor was outlawed, as were
the sale and marketing of tobacco, alcohol and pornography to children.
Consumer protection laws were enacted to regulate product safety and
advertising aimed at children.
By the
middle of the century, childhood was a robustly protected legal category. In
1959, the United Nations issued its Declaration of the Rights of the Child.
Children were now legal persons; the “best interests of the child” became a
touchstone for legal reform.
But the
20th century also witnessed another momentous shift, one that would ultimately
threaten the welfare of children: the rise of the for-profit corporation.
Lawyers, policy makers and business lobbied successfully for various rights and
entitlements traditionally connected, legally, with personhood. New laws
recognized corporations as legal — albeit artificial — “persons,” granting them
many of the same legal rights and privileges as human beings. In an eerie
parallel with the child-protective efforts, “the best interests of the
corporation” was soon introduced as a legal precept.
A clash
between these two newly created legal entities — children and corporations —
was, perhaps, inevitable. Century-of-the-child reformers sought to resolve
conflicts in favor of children. But over the last 30 years there has been a
dramatic reversal: corporate interests now prevail. Deregulation,
privatization, weak enforcement of existing regulations and legal and political
resistance to new regulations have eroded our ability, as a society, to protect
children.
Childhood
obesity mounts as junk food purveyors bombard children with advertising, even
at school. A recent Kaiser Family Foundation study reports that children spend
more hours engaging with various electronic media — TV, games, videos and other
online entertainments — than they spend in school. Much of what children watch
involves violent, sexual imagery, and yet children’s media remain largely
unregulated. Attempts to curb excesses — like California’s ban on the sale or
rental of violent video games to minors — have been struck down by courts as
free speech violations.
Another
area of concern: we medicate increasing numbers of children with potentially
harmful psychotropic drugs, a trend fueled in part by questionable and
under-regulated pharmaceutical industry practices. In the early 2000s, for
example, drug companies withheld data suggesting that such drugs were more
dangerous and less effective for children and teenagers than parents had been
led to believe. The law now requires “black box” warnings on those drugs’
labels, but regulators have done little more to protect children from sometimes
unneeded and dangerous drug treatments.
Children
today are also exposed to increasing quantities of toxic chemicals. We know
that children, because their biological systems are still developing, are
uniquely vulnerable to the dangers posed by many common chemical compounds. We
also know that corporations often use such chemicals as key ingredients in
children’s products, saturating their environments. Yet these chemicals remain
in circulation, as current federal laws demand unreasonably high proof of harm
before curbing a chemical’s use.
The
challenge before us is to reignite the guiding ethos and practices of the
century of the child. As Nelson Mandela has said, “there can be no keener
revelation of a society’s soul than the way in which it treats its children.”
By that measure, our current failure to provide stronger protection of children
in the face of corporate-caused harm reveals a sickness in our societal soul.
The good news is that we can — and should — work as citizens, through
democratic channels and institutions, to bring about change.
Joel
Bakan, a law professor at the University of British Columbia, is the author of
“Childhood Under Siege: How Big Business Targets Children.”