Parental Rights Against their Children Law Essay Research (Essay Sample)

essay on the parental rights against their childrencenter850008549640By: Your NameTutor:Date:1000000By: Your NameTutor:Date:
Parental Rights in Relation to and/or Against Their Children
1 Introduction
Children have rights that are captured in different statutes and conventions. One such convention is the Convention on the Rights of the Child that obliges states parties to ensure the realization of the rights of the child contained in it. The Convention is grounded on the welfare of the child and treats the best interest of the child as a peremptory norm while dealing with issues of children. In this way, the Convention prioritizes the rights of the child rather than those of the parent. In this discussion, the balance if any on the rights of the parents and the interest of the child is examined. First, a general view on the ideologies surrounding the concept of parental rights is examined. The discussion then proceeds to Convention specific rights that are outlined in the different articles of the Convention. Lastly, this essay compares different approaches that some courts have adopted when it comes to balancing between the rights of the parent and the best interest of the child. Theoretically, children have rights but these rights are not to be asserted against the state but are in reality to be realized through the cooperation of the children, parents, family and the state. A strict divide between parental responsibilities and duties on one hand and the rights of the child on the other may not help much. In this discussion, it will be demonstrated that the parental rights conceptually derives from their obligations towards caring for their children. It will also be argued that parental rights are limited and cannot trump over the best interest of the child even though what really constitutes the best interest of the child would depend on the surrounding circumstances of each case.[Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989.] [John Tobin, ‘Justifying Children’s Rights,’ (2013) 21 International Journal of Children’s Rights 420 - 424.] [ibid.]