Status, Rights & Obligations of Children ~ the evolving conception of children’s rights

1. Status, Rights & Obligations of Children ~the evolving conception of children’s 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 aren’t 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 “Children’s 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 child’s 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 court’s view of children as individuals with legal rights?