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Status, Rights

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The law should respect children because they are human beings with rights. ... In some contexts, children have rights that can be asserted against the wishes ... – PowerPoint PPT presentation

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Title: Status, Rights


1
Status, Rights Obligations of Children the
evolving conception of childrens rights
  • Coun 150 Laws Relating to Children
  • Richard M. Cartier
  • Class 2

2
Children and the Law competing views
  • The law should respect children because they are
    human beings with rights.
  • The law should protect children because they are
    vulnerable and weak.

3
Who speaks for the child?3 themes of U.S.
Supreme Court cases
  • Traditionally, parents are primarily responsible
    for the care and rearing of their children.
  • The state will intervene in certain instances to
    ensure adequate parenting.
  • In some contexts, children have rights that can
    be asserted against the wishes of the family or
    the state.

4
Two Important Doctrines Permit State Intervention
  • Parens patriae the government protects those
    who cannot protect themselves
  • Police power the government acts to protect
    public heath, safety and the general welfare

5
Children the Constitution
  • Children are not mentioned in the Constitution.
  • Why arent they?
  • Should they be?

6
Constitutional Issues
  • Due Process (5th and 14th)
  • Substantive rules must be fair and capable of
    being understood (not arbitrary or vague)
  • Procedural notice opportunity to be heard
  • Equal Protection
  • strict scrutiny fundamental rights
  • intermediate scrutiny
  • rational basis in most cases

7
Two Landmark Cases the Parental
Perogative
  • Meyer v. Nebraska Can state prohibit
    instruction in the German language?
  • Pierce v. Society of Sisters Can the state make
    school age children attend public schools?

8
Compulsory School Attendance in California
  • 6-18 unless
  • Excluded
  • Exempted
  • Truancy
  • Home-schooling

9
The Movement Toward Childrens Rights
  • Prince (p. 17)
  • Brown v. Board of Education (p. 18)
  • Gault (p. 19)

10
The law has changed
  • In a recent case, the U.S. Supreme Court declared
    the juvenile death penalty unconstitutional.
  • Roper v. Simmons
  • /search info Roper v. Simmons or juvenile death
    penalty

11
May Children Articulate Their Own Interest?
  • Wisconsin v Yoder Justice Douglas suggest the
    court should consider the childs wishes
  • The mature minor doctrine a brief
    introduction

12
Troxel and Parental Prerogatives
  • Do grandparents have a right to visit their
    grandchildren?
  • What does this case say about the current Supreme
    courts view of children as individuals with
    legal rights?
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