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Children's Rights and Society's Duties
Author(s) -
Stier Serena
Publication year - 1978
Publication title -
journal of social issues
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.618
H-Index - 122
eISSN - 1540-4560
pISSN - 0022-4537
DOI - 10.1111/j.1540-4560.1978.tb01028.x
Subject(s) - legislature , political science , balance (ability) , state (computer science) , action (physics) , law , fundamental rights , constitutional court , law and economics , human rights , sociology , psychology , constitution , physics , algorithm , quantum mechanics , neuroscience , computer science
Recent legal decisions affecting the rights of children are reviewed and analyzed in terms of efforts to balance the often competing interests of children, their families, and the state. Several decisions that have resulted in an extension of children's rights have been based primarily on clarification of general constitutional principles rather than on a changing conception of children and their appropriate rights. The courts also see legislative action as the appropriate mechanism for responding to children's needs. In this regard, it is important to distinguish between legal rights and society's duties. The former are the province of the court while the latter are the province of the legislature and the community.