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?