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Homeschooling: Parent Rights Absolutism vs. Child Rights to Education & Protection
In: 62 Ariz. L. Rev. 1 (2020)
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Contested Child Protection Policies
In: The Oxford Handbook of Children and the Law (James G. Dwyer ed., 2019) Available at: DOI: 10.1093/oxfordhb/9780190694395.013.20.
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Adoption Beyond Borders: How International Adoption Benefits Children: Rebecca J. Compton, New York, NY: Oxford University Press, 2016, xi + 235 pp., $27.95 (hardcover), ISBN 978-0-19-024779-9
In: Adoption quarterly: innovations in community and clinical practice, theory, and research, Band 20, Heft 2, S. 195-199
ISSN: 1544-452X
Thoughts on the Liberal Dilemma in Child Welfare Reform
In: 24 Wm. & Mary Bill Rts. J. 725 (2016)
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Intergenerational Justice for Children: Restructuring Adoption, Reproduction and Child Welfare Policy
In: Law & ethics of human rights, Band 8, Heft 1, S. 103-130
ISSN: 1938-2545
Abstract
An intergenerational justice perspective requires that we look at the condition of the existing generation of children and those to be born in the future. Many millions of the existing generation of children are now in trouble and at high risk of never fulfilling their human potential. These children are in turn unlikely, if they live to produce children, to be capable of providing the nurturing parenting that the next generation will need.
The article's starting premises are that we should count child interests as of equivalent value to adult interests and that we do owe justice not just to the existing generation of children but to the next generations as well. Justice to the next generations means encouraging the creation of children who will have a good chance to enjoy the pleasures of life, children who will be born healthy and will be brought up by nurturing parents. Given these premises, there is much wrong with current reality and related policy.
We now encourage the reproduction of more children than we can care for, provide limited child welfare enabling poor parents to better care for their children, and discourage adoption both domestic and international. We should reverse these policies. We should change the pronatalist and anti-contraception policies that encourage the reproduction of children who won't likely be born healthy or receive nurturing care. We should provide child welfare so that poor parents who want to keep and raise their children can do so. We should encourage adoption, both domestic and international.
Differential Response: A Dangerous Experiment in Child Welfare
In: 42 Fla. St. U. L. Rev. 573 (2015)
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The International Adoption Cliff: Do Child Human Rights Matter?
In: Forthcoming Chapter in a book on international adoption to be published by Cambridge Scholars Publishing
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Creating a Child-Friendly Child Welfare System: Effective Early Intervention to Prevent Maltreatment and Protect Victimized Children
In: 60 Buffalo L Rev 1323 (2012)
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International Adoption: The Child's Story
In: Georgia State University Law Review, Band 24, Heft 2
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Ratification by the United States of the Convention on the Rights of the Child: Pros and Cons from a Child's Rights Perspective
In: The annals of the American Academy of Political and Social Science, Band 633, S. 80-101
ISSN: 1552-3349
This article discusses the significance of the United States' ratification of the CRC, concluding that even if the treaty is not self-executing, ratification would make a major difference. It would enable the United States to better promote children's rights abroad, and it would push the United States to develop its domestic law in dramatically new directions that empower children. The CRC provides children with powerful affirmative rights and imposes reciprocal duties on nation-states. It provides rights to participate, including rights to be heard and to make decisions on personal and political matters; rights to receive important benefits, including health, support, and education; rights to protection against maltreatment; and rights to nurturing parental care. All this contrasts with U.S. law's negative rights tradition, its emphasis on parental rights, limited recognition of children's rights, and related restriction of state power to protect children. U.S. ratification could have a positive impact, particularly in connection with parental relationship rights and related maltreatment issues. However, there is also a risk of negative impact, given the problematic CRC provisions on international and transracial adoption. The solution is ratification with a reservation regarding Articles 20 and 21. [Reprinted by permission of Sage Publications Inc., copyright The American Academy of Political and Social Science.]
International Adoption: A Way Forward
In: New York Law School Law Review, Band 55
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