NCJ Number
108310
Date Published
1987
Length
220 pages
Annotation
Using historical perspectives and an analysis of major cases relating to the relationship between children, their parents, and the State, this volume concludes that the law is failing children and that children should be accorded the same constitutional rights as adults except where paramount State interests exist.
Abstract
In addition, the State should use extreme caution when interposing itself into the natural parent-child relationship and should carefully balance the interests of all parties before intervening. Traditional perceptions of children and the family are examined through a discussion of the writings of great historians, philosophers, and jurists. Conflicting views of children and their place in the law are then considered in terms of trends in private law. Constitutional perspectives on the roles of children, parents, and the State are next examined through discussions of U.S. Supreme Court decisions. Discussions of specific aspects of children's rights consider the right to life, the right to liberty, the right to property, the right to an education, and the right to protection from inadequate parenting. Specific issues considered include medical decisionmaking, status offenses, equal access to educational opportunity, and child abuse and neglect. Index and chapter reference notes. (Publisher summary modified)