Parental Rights: A role-based approach

Abstract

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.