Abstract
Few areas present more difficult problems than does the definition of the rights of children and parents and the authority of the state regarding their conduct. Conceptualizations and organizations that serve perfectly well in talking about other areas of human rights break down swiftly and badly in this context. The difficulty of applying traditional theory to family relationships led Professor Fried to observe that "[c]ertain moral phenomena are peculiarly elusive,,,l and most other writings in the area would at least implicitly confrrm his assessment of the rights of family members.2 American courts, in particular the Supreme Court, have also recognized the complexity presented by the legal position of children and, consequently, have routinely disclaimed any effort to systematically "consider the impact of... constitutional [guarantees] upon the totality ofthe relationship ofthe minorandthe state."
Recommended Citation
Teitelbaum, Lee E.
(2006)
"Children's Rights and the Problem of Equal Respect,"
Utah Law Review: Vol. 2006:
No.
1, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol2006/iss1/7