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| Format: | Recurso educativo Open Access |
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| Language: | en |
| Published: |
1978
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| Subjects: | |
| Online Access: | https://eric.ed.gov/?id=ED167252 |
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Table of Contents:
- Constitutional Rights of Children. Prepared for the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, by the American Law Division, Congressional Research Service of the Library of Congress. Child Advocacy Childhood Needs Children Civil Liberties Constitutional Law Federal Government Government Publications Hearings Parent Role Supreme Court Litigation Trend Analysis This paper reviews the rights of children as defined by the Constitution of the United States and summarizes a series of Supreme Court decisions which have defined the protections afforded to children by the Constitution. A short historical overview of the legal status of children is provided as background for the report. It is suggested that the determination of children's rights is complicated by litigation holding that the interests of parents in guiding and directing their minor children are also protected by the Constitution. Most of the recent Supreme Court decisions, however, have dealt with the power of the government as it affects the rights of children and their parents. These decisions suggest that children in juvenile delinquency proceedings are granted considerable due process and that students are to enjoy freedom of speech and press as long as the educational process is not disturbed. Decisions regarding school disciplinary actions, however, are less consistent. Current litigation involving areas such as abortion, contraception, and institutionalization will help to clarify children's rights in cases involving parent-child conflicts. In analyzing the future of children's rights litigation, the government's greater authority over children in comparison with adults, is emphasized. The paper suggests that children's rights cases will continue to be decided on an issue-by-issue basis rather than through a more unified or synthesized approach. (BD)