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A CHILD'S VOICE VS. A PARENT'S CONTROL: RESOLVING TENSION BETWEEN THE CONVENTION ON THE RIGHTS OF THE CHILD U.S. LAW
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A CHILD'S VOICE VS. A PARENT'S CONTROL: RESOLVING TENSION BETWEEN THE CONVENTION ON THE RIGHTS OF THE CHILD U.S. LAW
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Journal Article
A CHILD'S VOICE VS. A PARENT'S CONTROL: RESOLVING TENSION BETWEEN THE CONVENTION ON THE RIGHTS OF THE CHILD U.S. LAW
2017
Overview
The United States is the single remaining United Nations (UN) member state that has not ratified the UN Convention on the Rights of the Child (CRC), the most important international human rights treaty governing children's rights. This Note focuses on a key objection to U.S. ratification of the CRC: the fear that its emphasis on children's rights threatens parents' rights under U.S. law. This Note uses Article 12 of the CRC, which recognizes the right of children to be heard in decisions involving their lives, as a proxy to examine how much of an actual threat the CRC poses to the constitutional right of parents to raise their children. In so doing, this Note compares Article 12 with three of the areas of U.S. law in which the rights of parents to control their children arguably most conflict with their children's right to be heard: family law proceedings, medical decisionmaking, and psychiatric commitment. The Note concludes that the conflict between parental rights and children's rights is ultimately reconcilable, and that in fact the CRC presents not a threat but an opportunity for fresh reexamination and reconciliation.
