Journal articles: 'Parental rights and responsabilities'

1

Buss, Emily. ""Parental" Rights." Virginia Law Review 88, no. 3 (May 2002): 635. http://dx.doi.org/10.2307/1073980.

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Ruck, M., and E. Holt. "PARENTAL RIGHTS RECOGNISED." Medical Law Review 17, no. 2 (May 4, 2009): 282–89. http://dx.doi.org/10.1093/medlaw/fwp005.

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Dwyer, James G. "Deflating Parental Rights." Law and Philosophy 40, no. 4 (April 1, 2021): 387–418. http://dx.doi.org/10.1007/s10982-021-09406-w.

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Hetherington, E. Mavis. "Rights of Children or Parental Rights?" Contemporary Psychology 45, no. 1 (February 2000): 41–42. http://dx.doi.org/10.1037/002156.

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Ntombela, Phumelele, and Phumelela Ntombela. "Parental Rights: A Response." Agenda, no. 2 (1988): 17. http://dx.doi.org/10.2307/4065685.

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Reinhart, John B. "Termination of Parental Rights." Journal of the American Academy of Child Psychiatry 24, no. 2 (March 1985): 238–39. http://dx.doi.org/10.1016/s0002-7138(09)60456-8.

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Callan, Eamonn. "McLaughlin on Parental Rights." Journal of Philosophy of Education 19, no. 1 (July 1985): 111–18. http://dx.doi.org/10.1111/j.1467-9752.1985.tb00082.x.

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Austin, Michael W. "Fundamental Interests and Parental Rights." International Philosophical Quarterly 47, no. 2 (2007): 221–35. http://dx.doi.org/10.5840/ipq200747244.

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Oglezneva, Tatyana N. "Parental Rights in Child Treatment." Family and housing law 5 (September 24, 2020): 16–19. http://dx.doi.org/10.18572/1999-477x-2020-5-16-19.

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DARE, TIM. "Parental rights and medical decisions." Pediatric Anesthesia 19, no. 10 (October 2009): 947–52. http://dx.doi.org/10.1111/j.1460-9592.2009.03094.x.

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Montague, Phillip. "The Myth of Parental Rights." Social Theory and Practice 26, no. 1 (2000): 47–68. http://dx.doi.org/10.5840/soctheorpract20002612.

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Magnusson, Erik. "Can Gestation Ground Parental Rights?" Social Theory and Practice 46, no. 1 (2020): 111–42. http://dx.doi.org/10.5840/soctheorpract202021881.

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In law and common-sense morality, it is generally assumed that adults who meet a minimum threshold of parental competency have a presumptive right to parent their biological children. But what is the basis of this right? According to one prominent account, the right to parent one’s biological child is best understood as being grounded in an intimate relationship that develops between babies and their birth parents during the process of gestation. This paper identifies three major problems facing this view—the explanatory, adjudicatory, and theoretical problems—and explains how an alternative autonomy-based account is capable of avoiding them.

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Welstead, Mary. "CHIDLDREN'S RIGHTS OR PARENTAL PROPERTY." Denning Law Journal 11, no. 1 (November 16, 2012): 101–16. http://dx.doi.org/10.5750/dlj.v11i1.260.

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Ofuani, Ogo A. "Sense and Nonsense: The Literary Significance of Semantic Contradictions and Tautology in Okot p’Bitek’s Song of Lawino." Meta 35, no. 4 (September 30, 2002): 701–9. http://dx.doi.org/10.7202/003758ar.

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Abstract A knowledge of the collocational principles governing the cooccurrence of words aids the linguistic analyses of eccentric poetic usages such as oxymoron, paradox, and tuatology. These forms can be more formally linguistically analysed and insights gained complement the literary critic's efforts. This paper shows how these semantically deviant constructions contribute to "meaning" in Okot p'Bitek's Song of Lawino. Lawino exploited them for satire. Tautology is vacuous, empty, meaningless; but she used it to communicate her disgust and dissatisfaction at her husband's unsociable behaviour. Her use of oxymoron and paradox is linked to her tendency to exaggerate; but these exaggerations are to shock her erring husband to realization. He had shriked his marital and parental responsabilities and needed to be reminded. Their literary significance hinge on their situational meaningfulness. The critic must develop the ability to understand, explain and interpret such usages; and thus make literary sense of semantic nonsense.

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HENDERSON, TAMMY L., and PATRICIA B. MORAN. "Grandparent Visitation Rights." Journal of Family Issues 22, no. 5 (July 2001): 619–38. http://dx.doi.org/10.1177/019251301022005005.

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The purpose of this research was to examine mostly state supreme and appellant court cases from across the country that were brought under state grandparent visitation right statutes. We systematically analyzed justices' legal reasoning in 67 cases that favored parents. Themes derived from the data explained why parental rights superceded the rights of grandparents. Grandparent visitation that unfairly intruded on parental rights and failed to serve the best interest of the child were two themes that explained justices' legal reasoning. That grandparents failed to follow legal requirements including those in state grandparent visitation statutes was the predominate theme that explained how justices protected parental rights over that of grandparents.

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Cornock, Marc. "Parental rights and responsibilities in law." Nursing Children and Young People 23, no. 9 (October 27, 2011): 23–24. http://dx.doi.org/10.7748/ncyp2011.11.23.9.23.c8792.

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Lee, Choong-Eun. "Parental Right Suspension and Visitation Rights." Dankook Law Riview 39, no. 4 (December 2015): 173–89. http://dx.doi.org/10.17252/dlr.2015.39.4.006.

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Onishchuk, Olha. "CONCEPTS AND FEATURES OF PARENTAL RIGHTS." Entrepreneurship, Economy and Law 10 (2019): 26–30. http://dx.doi.org/10.32849/2663-5313/2019.10.05.

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19

de Villiers, Coriaan. "Qualified Parental Rights for Unmarried Fathers." Agenda, no. 37 (1998): 82. http://dx.doi.org/10.2307/4066180.

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CURTIN, LEAH L. "Parental Rights: Who Pays the Price?" Nursing Management (Springhouse) 23, no. 11 (November 1992): 26,28,30. http://dx.doi.org/10.1097/00006247-199211000-00005.

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Voicu, Camelia, Alina Anghel, and Maria Savu-Cristescu. "Parental Education for Children′s Rights." Procedia - Social and Behavioral Sciences 191 (June 2015): 1707–12. http://dx.doi.org/10.1016/j.sbspro.2015.04.433.

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Darden, Edwin C. "Does Safety Conflict with Parental Rights?" Phi Delta Kappan 94, no. 7 (April 2013): 68–69. http://dx.doi.org/10.1177/003172171309400721.

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23

Hobson, Peter, and Roger Cresswell. "PARENTAL RIGHTS, EDUCATION AND LIBERAL TOLERANCE." Discourse: Studies in the Cultural Politics of Education 14, no. 1 (October 1993): 44–51. http://dx.doi.org/10.1080/0159630930140104.

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Millum, Joseph. "How Do We Acquire Parental Rights?" Social Theory and Practice 36, no. 1 (2010): 112–32. http://dx.doi.org/10.5840/soctheorpract20103615.

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Dimond, Bridgit. "Parental rights, withdrawal or withholding treatment." British Journal of Midwifery 12, no. 7 (June 2004): 429. http://dx.doi.org/10.12968/bjom.2004.12.7.13318.

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26

Smith, J. "Fighting for Parental Rights in Prison." Genre 35, no. 3-4 (January 1, 2002): 511–19. http://dx.doi.org/10.1215/00166928-35-3-4-511.

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Hannan, Sarah, and Richard Vernon. "Parental Rights: A role-based approach." Theory and Research in Education 6, no. 2 (July 2008): 173–89. http://dx.doi.org/10.1177/1477878508091110.

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Both parents and children have strong interests associated with the childrearing process. Children have an interest in being raised in a particular manner, while parents have an interest in parenting in a particular manner. Whose interests should serve as the foundation for childrearing rights? Although parents have an interest in rearing their children as they see fit, no rights follow from that interest. Parental interests generate a right to become a parent, but they do not determine the scope and content of the childrearing rights that attach to this role.The rights that characterize the parental role are grounded solely on the interests of children. While childrearing rights allow parents latitude in interpreting how to parent, and exclude others from intervening, they are limited by the considerable constraint that they cannot undermine their children's future autonomy.

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Gelman, Caroline, and Kate Rhames. "“I have to be both mother and father”: The impact of Young-onset dementia on the partner’s parenting and the children’s experience." Dementia 19, no. 3 (July 12, 2018): 676–90. http://dx.doi.org/10.1177/1471301218783542.

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There has been increasing research on the experience and needs of caregivers for persons with YOD, who are mainly spouses. Yet one little-explored area is their evolving parental role. As the person with YOD becomes less able to parent, the partner must take on more and more parental responsibilities. This occurs in much-changed familial context, with children often asked to assume caretaking roles and experiencing strong feelings such as grief, anger, and fear. How do the parents without YOD understand and negotiate their ever-changing parenting role, and how do their children experience it? We conducted in-depth, semi-structured interviews with four parents without YOD (coincidentally all mothers) and eight children ages 16–20 (3–18 when parent was diagnosed) regarding the changing nature of the parental-child relationship. These data were analyzed using thematic narrative analysis, in which respondents' material is closely read as it is gathered and analyzed for patterns. Three primary themes emerged. First, there are significant changes in family structures and role. Mothers increasingly assume all parental responsability. Children assume roles of carers and earners, and at times reluctant decision-making partners. Such responsabilities can feel overwhelming at times. However, the cildren discribed not wanting to burden mother with their feelings and experience, a second prominent theme. Finally, such muting of their experience likely contributes to mothers feeling they are managing the YOD so as to minimize the impact on their children, creating divergent experiences of the YOD on family life. Facilitating family members' articulation of what feel like “inadmissible” feelings, improving familial communication, and developing a range of support and resources are all important areas for intervention.

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29

Shanley, Mary L. "Fathers' Rights, Mothers' Wrongs? Reflections on Unwed Fathers' Rights and Sex Equality." Hypatia 10, no. 1 (1995): 74–103. http://dx.doi.org/10.1111/j.1527-2001.1995.tb01354.x.

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This article examines arguments concerning the right of an unwed biological father to consent to the adoption of his offspring, and to take custody of the child even against the mother's wishes. The understanding of gender-neutrality that supposedly supports many such arguments is false, and risks diminishing women's decision-making authority under the guise of sex equality. Laws governing unwed parent's rights must emphasize the centrality of parental responsibility in establishing parental rights.

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30

SIANTZ, MARY LOU de LEON. "Childen's Rights and Parental Rights A Historical and Legal/Ethical Analysis." Journal of Child and Adolescent Psychiatric Nursing 1, no. 1 (July 1988): 14–17. http://dx.doi.org/10.1111/j.1744-6171.1988.tb00221.x.

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31

Erlings, Esther. "Is Anything Left of Children’s Rights?" International Journal of Children’s Rights 24, no. 3 (October 24, 2016): 624–56. http://dx.doi.org/10.1163/15718182-02403008.

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In this article it is argued that parental responsibility offers a weak basis for the protection of children’s rights due to its emphasis on (1) responsible parents’ determinations of welfare and (2) the concomitant nature of rights to duties. Based on these two premises, courts have often either neglected children’s rights, or have subordinated them to the rights of duty-holders (parents) when deciding on matters falling within the scope of parental responsibility. Recently, a third limitation on children’s rights has been added: theapplicationof a (non-derogable) right held by the child can now be prevented following an exercise of parental responsibility in circumstances where the child’s right would otherwise apply. The argument is therefore made that parental responsibility as applied under English law erodes children’s rights, leaving little left but the rhetoric surrounding them.

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32

Kucherenko, Oleksiy. "Some aspects of deprivation of parental rights as a family law means of protecting the interests of the child." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 129–32. http://dx.doi.org/10.31733/2078-3566-2021-1-129-132.

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The scientific article investigates certain aspects of deprivation of parental rights as a family legal means of protecting children. The grounds and consequences of deprivation of parental rights are analyzed. Attention is paid to the peculiarities of taking a child away from parents without depriving them of their parental rights. It is emphasized that the problem of violation of the rights of the child in the family, which is the natural environment for the development and upbringing of a child, is not only a moral problem of society, but also requires effective legal means of protecting children, incl. family law. Although the list of grounds for deprivation of parental rights established by the Family Code is exhaustive and cannot be interpreted broadly, it contains a number of evaluative concepts, the interpretation and assessment of which must be carried out in each specific case by the court. It is indicated that a characteristic feature of deprivation of parental rights as an exclusive means of family law, applies to parents who do not fulfill their duties, is exclusively a judicial procedure for deprivation of parental rights. It is emphasized that the legal consequence of deprivation of a person's parental rights is the termination of family legal relations between parents and a child. At the same time, the application of a family legal sanction in the form of deprivation of parental rights does not mean the deprivation of paternity as a biological connection between the child and the parents and the complete termination of the legal connection between them. It is noted that the interests of the child can be protected through the removal of the child from the parents without deprivation of parental rights. The basis for this decision is that leaving the child with them is dangerous to his life, health and moral education. The only criterion that makes it possible to distinguish between deprivation of parental rights and the removal of a child without deprivation of parental rights is the degree of guilt of the parents.

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Volkova, Olga A., Elmira K. Naberushkina, Oksana V. Besschetnova, Elena I. Mozgovaya, and Irina K. Svishcheva. "Life Stories of Women: Terminated Parental Rights." Journal of History Culture and Art Research 7, no. 2 (July 2, 2018): 139. http://dx.doi.org/10.7596/taksad.v7i2.1597.

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34

Moschella, M. "Natural Law, Parental Rights and Education Policy." American Journal of Jurisprudence 59, no. 2 (November 13, 2014): 197–227. http://dx.doi.org/10.1093/ajj/auu010.

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35

LANGELIER, PAMELA, and BARRY NURCOMBE. "Residual Parental Rights: Legal Trends and Controversies." Journal of the American Academy of Child Psychiatry 24, no. 6 (November 1985): 793–96. http://dx.doi.org/10.1016/s0002-7138(10)60126-4.

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36

Lincoln, James H. "Model Statute for Termination of Parental Rights." Juvenile Justice 27, no. 4 (July 14, 2009): 3–8. http://dx.doi.org/10.1111/j.1755-6988.1976.tb00003.x.

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37

Bogacki, David F., and Kenneth J. Weiss. "Termination of Parental Rights: Focus on Defendants." Journal of Psychiatry & Law 35, no. 1 (March 2007): 25–45. http://dx.doi.org/10.1177/009318530703500103.

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38

Archard, David. "Parental power, children’s rights, and normative theory." Journal of Political Power 11, no. 1 (January 2, 2018): 115–19. http://dx.doi.org/10.1080/2158379x.2018.1433760.

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39

Singh, Basil R. "Liberalism, Parental Rights, Pupils’ Autonomy and Education." Educational Studies 24, no. 2 (July 1998): 165–82. http://dx.doi.org/10.1080/0305569980240203.

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40

McWey, Lenore M., Tammy L. Henderson, and Jenny Burroughs Alexander. "Parental Rights and the Foster Care System." Journal of Family Issues 29, no. 8 (March 26, 2008): 1031–50. http://dx.doi.org/10.1177/0192513x08316542.

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41

McGillivray, Anne. "Children's Rights, Paternal Power and Fiduciary Duty: From Roman law to the Supreme Court of Canada." International Journal of Children's Rights 19, no. 1 (2011): 21–54. http://dx.doi.org/10.1163/157181810x527996.

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AbstractParental rights originate in patria potestas, the proprietary power of the Roman father, and its incidents of custody, control and corporal punishment. Parental rights as proprietary rights, as rights over another, cannot co-exist with children's rights. What, then, are parental rights in the age of children's rights? This Essay surveys the influence of Roman doctrine on modern law in and through the Supreme Court of Canada. The court acknowledges children's rights, views proprietary rights over children as a thing of the past and recognizes custody as the child's right, not the parent's. Yet the court vitiated the fiduciary standard for parents, limited state parens patriae jurisdiction and upheld two of the three incidents of patria potestas. By making childhood an excuse for avoiding principled rights analysis, conflating adult interests with children's rights and confusing assault with touch, the court upheld the proprietary rights of corporal punishment and control. If parental rights are understood as rights correlative to parental fiduciary duty, and if rights are seen as markers of relationship rather than its antithesis, then the law is rid of archaic notions of parental rights. The way is open to substantive judicial and social engagement with the rights of the child.

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42

Baron, Teresa. "Gestationalism and the Rights of Adolescent Mothers." Moral Philosophy and Politics 7, no. 2 (November 26, 2020): 239–54. http://dx.doi.org/10.1515/mopp-2019-0045.

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AbstractIn this paper, I explore the ways in which consideration of adolescent parents forces us to confront and question common presuppositions about parental rights. In particular, I argue that recognising the right of adolescent mothers not to be forcibly separated from their newborn children justifies rejecting the notion that parental rights are (a) all acquired in the same manner and (b) acquired as a ‘bundle’ of concomitant moral rights. I conclude that children and adolescents who conceive and give birth have some parental rights concerning their newborn children – in particular, the right not to be forcibly separated from those children – even if they do not have the ‘full complement’ of parental rights as we generally characterise these.

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43

Birchley, Giles. "Charlie Gard and the weight of parental rights to seek experimental treatment." Journal of Medical Ethics 44, no. 7 (May 17, 2018): 448–52. http://dx.doi.org/10.1136/medethics-2017-104718.

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The case of Charlie Gard, an infant with a genetic illness whose parents sought experimental treatment in the USA, brought important debates about the moral status of parents and children to the public eye. After setting out the facts of the case, this article considers some of these debates through the lens of parental rights. Parental rights are most commonly based on the promotion of a child’s welfare; however, in Charlie’s case, promotion of Charlie’s welfare cannot explain every fact of the case. Indeed, some seem most logically to extend from intrinsic parental rights, that is, parental rights that exist independent of welfare promotion. I observe that a strong claim for intrinsic parental rights can be built on arguments for genetic propriety and children’s limited personhood. Critique of these arguments suggests the scope of parental rights remains limited: property rights entail proper use; non-personhood includes only a small cohort of very young or seriously intellectually disabled children and the uniqueness of parental genetic connection is limited. Moreover, there are cogent arguments about parents’ competence to make judgements, and public interest arguments against allowing access to experimental treatment. Nevertheless, while arguments based on propriety may raise concerns about the attitude involved in envisioning children as property, I conclude that these arguments do appear to offer a prima facie case for a parental right to seek experimental treatment in certain limited circumstances.

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Nizhnik, Nadezhda S., and Natalia A. Burdanova. "Exercise of Personal Non-Property Parental Rights and Duties: Judicial Protection in the Russian Federation." Family and housing law 1 (January 14, 2021): 7–11. http://dx.doi.org/10.18572/1999-477x-2021-1-7-11.

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The exercise of personal non-property parental rights and responsibilities in modern Russia is ensured by the possibility of judicial protection and the application of sanctions for non-performance or improper performance. Failure by the parents of the child and other persons to reach agreement on the issues of upbringing, education and child’s place of residence leads to litigation on the exercise of personal non-property parental rights and responsibilities. The regulatory grounds for litigation related to the exercise of personal non-property parental rights and obligations and the possibility of judicial resolution of a dispute related to the exercise of parental rights and obligations have been considered by the author on the basis of the analysis of legislation and judicial practice. The classification of disputes related to the exercise of personal parental rights and obligations has been made according to various criteria (according to the subject composition and content of disputes). The rules of subject matter jurisdiction and court jurisdiction of disputes related to the exercise of personal parental rights and responsibilities have been characterized.

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Ghandhi, P. R., and J. A. James. "Parental rights to reasonable chastisement and the European court of human rights." International Journal of Human Rights 3, no. 3 (September 1999): 97–119. http://dx.doi.org/10.1080/13642989908406830.

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46

Pelfrey, Theresa M. "A Survey: Children’s Rights Post Termination of Parental Rights and Pre‐Adoption." Juvenile and Family Court Journal 71, no. 1 (March 2020): 45–61. http://dx.doi.org/10.1111/jfcj.12160.

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Kazimierski, Grzegorz. "GLOSS TO THE DECISION OF THE SUPREME COURT OF 5 SEPTEMBER 2019, I KZP 7/19." Probacja 2 (December 3, 2020): 159–70. http://dx.doi.org/10.5604/01.3001.0014.4893.

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Both parents, if they have full parental rights, are persons “obliged to exercise care and responsibility over a minor under 15 years of age” within the meaning of Article 211 of the Criminal Code (CC). Conversely, the parents (or one of them at least) are capable of committing the off ence set out in Article 211 of the CC if their parental rights are terminated, limited or suspended. If a provisional decision of a court, issued in the course of divorce, separation or annulment of marriage proceedings, orders the limitation (termination, suspension) of parental rights of one of the parents, such a decision should, as a rule, be interpreted literally. As such, a parent who no longer enjoys full parental rights under such decision can potentially commit the off ence set out in Article 211 of the CC. Nevertheless, not every court decision which provisionally determines the extent of contacts between a child and a parent, is tantamount to limiting parental rights. Indeed, under Article 107 of the Family and Guardianship Code it is possible to determine such contacts, including severe limitations for the father or the mother in this respect, while leaving both parents’ full parental rights intact.

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SLABU, Elisabeta. "EXERCISE OF PARENTAL RIGHTS AND OBLIGATIONS IN ROMANIA." Jurnalul de Studii Juridice 15, no. 1-2 (June 9, 2020): 103–12. http://dx.doi.org/10.18662/jls/15.1-2/64.

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Jeppesen de Boer, Christina G. "Parental relocation Free movement rights and joint parenting." Utrecht Law Review 4, no. 2 (June 9, 2008): 73. http://dx.doi.org/10.18352/ulr.67.

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Robertson, John A. "Extreme Prematurity and Parental Rights after Baby Doe." Hastings Center Report 34, no. 4 (July 2004): 32. http://dx.doi.org/10.2307/3528691.

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Journal articles on the topic 'Parental rights and responsabilities'

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