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Status, Rights

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the evolving conception of children's rights. Coun 150 Laws Relating to Children ... 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 3

2
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.

3
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

4
Constitutional Due Process
  • 5th Amendment / 14th Amendment
  • Substantive
  • Laws must be fair
  • Laws must be capable of being understood
  • Procedural
  • Notice and opportunity to be heard

5
Two Landmark Cases
  • 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?

6
Childrens Rights in School First Amendment
Cases
  • Tinker
  • Bethel v Fraser
  • Hazelwood v. Kuhlmeier
  • California Leeb v DeLong
  • Lopez v Tulare Joint Union High School
  • Morse v. Frederick
  • Board of Education v Pico
  • Flag salute / School prayer / Equal Access Act

7
Other Important School Cases
  • Goss v Lopez
  • Suspension / Expulsion
  • California Education Code 48900
  • New Jersey v T.L.O.
  • Two prong test for reasonableness
  • Reasonable at inception
  • Reasonable in scope
  • Veronia School District v. Acton
  • Board of Education v. Earls

8
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

9
The Movement Toward Childrens Rights
  • Prince
  • Brown v. Board of Education
  • Gault
  • BUT Troxel
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