Testimonial injustice in the treatment of children's testimonies: inconsiderate and unjust cases

儿童证词处理中的证词不公正:不体谅和不公正的案例

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Abstract

In this article, we propose a framework for understanding testimonial injustice as it applies to children. Building on the work of Fricker and other scholars in the field, we maintain that age-based discrimination in testimonial exchanges undermines children as knowers, disadvantaging them from being heard and recognized as credible sources of knowledge. To contribute to this discourse, we distinguish inconsiderate and unjust responses to children's testimonies to refine our evaluative categories in protecting children from epistemic harm while also maintaining conceptual clarity. We define inconsiderate treatments as dismissals or disbelief rooted in misguided personal assumptions, conflicting options for action, or unreflected norm conflicts rather than systemic age-based prejudice. Unjust treatments, by contrast, involve similar dismissiveness but are driven by personal bias reinforced by systemic discrimination. Although this distinction also applies to adults, our framework highlights the unique vulnerability of children, whose developmental stage and social status make them particularly susceptible to unintentional disregard and structural injustice. We conclude with a discussion of interpersonal and structural silencing to illustrate how testimonial injustice is committed against children.

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