1. 

   jamesatracy
   Key Master

   When a child’s health and well being is at stake, should the government allow a parent to put a child at risk on the basis of unfounded "religious" reasons?

   Read more at AnAtheist.Net: http://www.anatheist.net/2009/05/religion-childrens-health/

   Posted 1 year ago #
2. 

   Astreja
   Moderator

   No, I don't think so. The child is a vulnerable minor, and if the parents are more interested in preserving their beliefs than preserving the child's physical and mental health, it's time for someone else to step up to the plate.

   Posted 1 year ago #
3. 

   richardcollins
   Administrator

   The problem, like a lot of others, stems from the skewed doctrine of parental rights we are saddled with here in the USA. Other, more enlightened countries decide how to apportion consideration of parents, children and the state based on "the interests of the child".

   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".

   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.

   http://www.cirp.org/library/legal/dwyer/

   for the complete article

   
   

   Posted 1 year ago #

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