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