Balancing family values and children's privacy
There should be no argument about whether a child has rights. The UN Convention on the Rights of the Child, to which Hong Kong is a signatory, is the most widely ratified human rights treaty in the world. But there is a debate about where to draw the line between children's rights and the rights and responsibilities of parents.
Lawmakers in Hubei have added fuel to it with a provincial juvenile protection law that forbids parents checking their children's mobile phone text messages, e-mails or online chat records without permission. This goes further than a national law that bans anyone from reading juveniles' emails.
Many parents strongly disapprove, saying they want the right to inspect text messages for the sake of proper parental supervision.
Support for both sides is to be found in the charter. It enshrines the right of children to have their privacy protected and not to be subjected to excessive interference, while upholding the right of parents to exercise their responsibilities. This may be seen as a caveat that recognises a child's right to privacy is not absolute.
In reality, children's right to privacy is subject to parents' legal and moral responsibility for their welfare and development until they become adults. The new law may strengthen recognition of children's rights, but it is doubtful it reflects traditional Chinese family relationships and respect for parental authority.
It is only a few generations since the telephone revolutionised communication, never mind mobile phones and online social networks. It was easier then for a parent to monitor a minor's social contacts and activities, and there was little debate about their right to do it. Nowadays, there is an argument that parental trust in a child's right to privacy encourages openness and independence, while lack of it can lead to secretiveness and rebellion.
The best safeguard is another right to be found in the UN convention - to be raised in a family or cultural grouping. Respect for family values is most likely to promote mutual respect for the privilege and responsibility of a child's privacy.
