Family law professor James G. Dwyer has written extensively on this question. Here is a link to one of his articles (later picked up and included in his book, “Religious Schools v. The Rights of Childen”.
A synopsis follows:
THE CHILDREN WE ABANDON:
RELIGIOUS EXEMPTION TO CHILD WELFARE AND EDUCATION LAWS AS
DENIALS OF EQUAL PROTECTION TO CHILDREN OF RELIGIOUS OBJECTORS
James G. Dwyer*
[Abstract]
The story of children who die because their parents, in observation of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to children goes far beyond those few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting `religious objector’ parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing such exemptions, in emphasizing the parents’ free exercise rights, have failed to observe that they infringe upon the children’s equal protection rights. These children, solely because of their parents beliefs, do not receive the same legal protections from harm (for instance, inferior health care and an inferior education) that other groups of children receive. After describing in detail the types of discrimination that religious exemptions to child welfare laws inflict upon these children, Dr. Dwyer considers how each element of an equal protection analysis would apply to these exemptions. He concludes ultimately that very few, if any, of the exemptions should survive an equal protection challenge. – a conclusion with radical practical implications, particularly with regard to the educational system in this country. Finally, the author discusses the practical impediments to bringing equal protection claims, especially the fact that neither the parents nor the children themselves are likely to raise and support them, and proposes methods by which courts might nevertheless hear these claims. Go here for more of the article:
For current reports of children who die because of medical neglect and other news of religiously inspired child abuse Perry Bulwer maintains their sad stories here.
Around the world there are communities and groups that choose to withdraw and work outside the structure established by society. Children raised in these communities or groups may sometimes be denied basic human rights that we take for granted. The Safe Passage Foundation provides advocacy and support for children raised in such environments.
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| Posted on Wednesday, February 11th, 2009 at 6:31 am in Parenting. | |
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