What Is Right for Children? : The Competing Paradigms of Religion and Human Rights

This book examines the state of 'rights-talk' about children in the U.S. and compares it with developments in other countries where, it is argued, the idea that children should have rights is more widely accepted and more vigorously implemented. The collection rigorously explores the presence, participation, and treatment of children in many contexts of U.S. society. Using international human rights norms as a touchstone, it examines the balancing of relationships within the family; balancing relationships of family within society; and evolving norms of authority, discipline, and protection. Some of the chapters set forth the theoretical and practical debates about granting positive rights to children. Those rights will not only be shields against state misuses of power, but also constitute entitlements to basic social goods for children as a special and vulnerable class of citizens uniquely situated within the modern state. Other chapters argue that children are entitled to state protection against parental excesses and abuse of authority, as well as protection against unnecessary state intervention. In addition, by addressing religious images of the parent child relationships, the book highlights how fundamentalist religious beliefs invoking natural lines of authority within the family are in competition with a human rights paradigm, which views the child as separate to the extent that he/she may command specific child-centered policy. In its use of feminist legal theory this book provides a fresh and cogent look at these issues. This Work Examines The State Of 'rights-talk' About Children In The U.s. And Compares It With Developments In Other Countries Where, It Is Argued, The Idea That Children Should Have Rights Is More Widely Accepted And More Vigorously Implemented. Children's Rights As Human Rights. The United Nations Convention On The Rights Of The Child : Empowering Parents To Protect Their Children's Rights / Barbara Bennett Woodhouse And Kathryn A. Johnson -- Child, Family, State, And Gender Equality In Religious Stances And Human Rights Instruments : A Preliminary Comparison / Linda C. Mcclain -- Rhetoric, Religion, And Human Rights : Save The Children! / Barbara Stark -- Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children / Mary Ann Case -- Using International Human Rights Law In Us Courts : Lessons From The Campaign Against The Juvenile Death Penalty / Linda M. Keller -- The Lesser Culpability Of The Juvenile Offender : Trial In Adult Criminal Court, Incarceration With Adults, And Excessive Sanctions / Bernardine Dohrn -- Parental Rights Doctrine : Creating And Maintaining Maternal Value / Annette R. Appell --placing Children In Context : Parents, Foster Care, And Poverty / Naomi Cahn --expanding The Parent-child-state Triangle In Public Family Law : The Role Of Private Providers / Susan Vivian Mangold. Advocating For Children's Rights In A Lawless Nation : Articulating Rights For Foster Children / Barbara Bennett Woodhouse And Brooke Hardy -- A Proposal For Collaborative Enforcement Of A Federal Right To Education / Kimberly Jenkins Robinson --taking Children's Interests Seriously / Martha Albertson Fineman --child's Right To Religious Freedom In International Law : The Search For Meaning / Ursula Kilkelly -- Clashing Rights And Welfare : A Return To A Rights Discourse In Family Law In The Uk? / Shazia Choudhry -- Accommodating Children's Religious Expression In Public Schools : A Comparative Analysis Of The Veil And Other Religious Symbols In Western Democracies / Catherine J. Ross -- Children, Education, And Rights In A Society Divided By Religion : The Perspectives Of Children And Young People / Laura Lundy -- Children, International Human Rights, And The Politics Of Belonging / Alice Hearst --the Right Of Children To Be Loved / S. Matthew Liao. Edited By Martha Albertson Fineman, Karen Worthington. Includes Bibliographical References (p. [389]-437) And Index. Contents 6 Notes on Contributors 10 Acknowledgements 12 Introduction: What is Right for Children? 14 Part I Children’s Rights as Human Rights 18 1 The United Nations Convention on the Rights of the Child: Empowering Parents to Protect Their Children’s Rights 20 2 Child, Family, State, and Gender Equality in Religious Stances and Human Rights Instruments: A Preliminary Comparison 32 3 Rhetoric, Religion, and Human Rights: “Save the Children!” 58 4 Feminist Fundamentalism on the Frontier between Government and Family Responsibility for Children 72 Part II Children in the United States: The Legal Context 92 5 Using International Human Rights Law in US Courts: Lessons from the Campaign Against the Juvenile Death Penalty 96 6 The Lesser Culpability of the Juvenile Offender: Trial in Adult Criminal Court, Incarceration with Adults, and Excessive Sanctions 120 7 Parental Rights Doctrine: Creating and Maintaining Maternal Value 136 8 Placing Children in Context: Parents, Foster Care, and Poverty 158 9 Expanding the Parent–Child–State Triangle in Public Family Law: The Role of Private Providers 182 10 Advocating for Children’s Rights in a Lawless Nation: Articulating Rights for Foster Children 208 11 A Proposal for Collaborative Enforcement of a Federal Right to Education 218 12 Taking Children’s Interests Seriously 242 Part III Comparisons: Children within the Context of Human Rights 252 13 The Child’s Right to Religious Freedom in International Law: The Search for Meaning 256 14 Clashing Rights and Welfare: A Return to a Rights Discourse in Family Law in the UK? 282 15 Accommodating Children’s Religious Expression in Public Schools: A Comparative Analysis of the Veil and Other Symbols in Western Democracies 296 16 Children, Education, and Rights in a Society Divided by Religion: The Perspectives of Children and Young People 324 17 Children, International Human Rights, and the Politics of Belonging 342 18 The Right of Children to Be Loved 360 Appendix 378 Bibliography 402 Index 452 The United Nations Convention on the Rights of the Child : empowering parents to protect their children's rights / Barbara Bennett Woodhouse & Kathryn A. Johnson Child, family, and state in religious stances and human rights instruments : a preliminary comparison / Linda McClain Rhetoric, religion & human rights: save the children! / Barbara Stark Feminist fundamentalism on the frontier between government and family responsibility for children / Mary Ann Case Using international human rights law in US courts : lessons from the campaign against the juvenile death penalty / Linda Keller The lesser culpability of the juvenile offender : trial in adult criminal court, incarceration with adults, and excessive sanctions / Bernardine Dohrn Parental rights doctrine : creating & maintaining maternal value / Annette Appell Children in context : parents, foster care, & poverty / Naomi Cahn Expanding the parent-child-state triangle in public family law : the role of private providers / Susan Vivian Mangold Advocating for children's rights in a lawless nation : articulating rights for foster children / Barbara Bennett Woodhouse & Brooke Hardy A proposal for collaborative enforcement of a federal right to education / Kimberly Jenkins Robinson Taking children's interests seriously / Martha Albertson Fineman The child's right to religious freedom in international law : time to reform the right that never was / Ursula Kilkelly School children and religious expression : a comparative treatment of the veil and other religious symbols in western democracies / Catherine Ross Children, education, and rights in a society divided by religion : the perspectives of children & young people / Laura Lundy Children, international human rights, & the politics of belonging / Alice Hearst The right of children to be loved / S. Matthew Liao. Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children. Using international human rights norms as a touchstone, examining the state of "rights-talk" about children in the US, this collection explores the presence, participation and treatment of children, in many contexts of US society