Jump to ContentJump to Main Navigation
Philosophical Foundations of Children's and Family Law$
Users without a subscription are not able to see the full content.

Elizabeth Brake and Lucinda Ferguson

Print publication date: 2018

Print ISBN-13: 9780198786429

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198786429.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 September 2019

Parental Control Rights

Parental Control Rights

Chapter:
(p.209) 10 Parental Control Rights
Source:
Philosophical Foundations of Children's and Family Law
Author(s):

Scott Altman

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198786429.003.0011

Parents typically direct many aspects of their children’s lives and often believe that they deserve protection from interference by governments and third parties. Justifications for such parental control rights sometimes rely on the interests of children or of society. But they can also rely directly on parental interests. This paper considers whether parental control rights can be justified based on parental interests. It first considers two parental interests sometimes put forward as warranting parental control rights: an interest in intimacy and an interest in acting as a fiduciary. The first fails as a justification for parental rights because intimacy is unlikely to be undermined by most intrusions. The second fails because it misunderstands the nature of fiduciary roles. The paper then considers an alternative parental interest in nurturing, counselling, and educating. This interest requires both authenticity and discretion to play a meaningful role in a parent’s life and facilitating this interest warrants protecting parental control rights.

Keywords:   paramountcy principle, best interests, children’s rights, childhood, social construct, vulnerability, parental rights, equality, equal moral consideration

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .