CONSTITUTIONAL RIGHTS OF CHILDREN - PREPARED FOR THE SENATE SUBCOMMITTEE ON THE CONSTITUTION, 95TH CONGRESS, 2ND SESSION, 1978

• NCJ Number: 60446
• Author(s): ANON
• Date Published: 1978
• Length: 40 pages
• Corporate Author: Library of Congress
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America
• Note: COMMITTEE PRINT

Annotation

THE CURRENT STATUS OF THE CONSTITUTIONAL RIGHTS OF CHILDREN, IN LIGHT OF RECENT SUPREME COURT DECISIONS, IS PRESENTED IN THIS REPORT PREPARED FOR THE COMMITTEE ON THE JUDICIARY OF THE U.S. SENATE.

Abstract

THE EXPANSION OF CONSTITUTIONAL LIBERTIES ACHIEVED THROUGH JUDICIAL ACTION IN THE 1960'S AND 1970'S DID NOT STOP WITH THE RIGHTS OF ADULTS; CHILDREN WERE HELD PROTECTED TO SOME DEGREE BY THE CONSTITUTION. DETERMINATION OF THE EXTENT OF PROTECTION, HOWEVER, IS COMPLICATED BY A LINE OF SUPREME COURT CASES HOLDING THAT THE INTERESTS OF PARENTS IN GUIDING AND DIRECTING MINOR CHILDREN ARE THEMSELVES PROTECTED BY THE CONSTITUTION. CURRENTLY, THE CASES INVOLVING CLAIMED RIGHTS OF CHILDREN HAVE NOT DEALT WITH PARENT-CHILD CONFLICTS, BUT HAVE REVOLVED AROUND THE GOVERNMENT'S POWER IN REGARD TO CHILDREN. THUS, A SERIES OF CASES HAS CIRCUMSCRIBED GOVERNMENTAL AUTHORITY TO ACT WITHOUT OBSERVANCE OF PROCEDURAL REGULARITY IN JUVENILE DELINQUENCY PROCEEDINGS; CHILDREN IN THESE CIRCUMSTANCES ENJOY CONSIDERABLE DUE PROCESS PROTECTION. IN ADDITION, STUDENTS ENJOY SUBSTANTIAL RIGHTS OF SPEECH AND PRESS UNLESS THE BOUNDARIES OF DISTURBANCE ARE CROSSED, ALTHOUGH THE EXTENT OF PROCEDURAL PROTECTIONS WHICH STUDENTS ENJOY IN TERMS OF DISCIPLINARY ACTIONS BY SCHOOL AUTHORITIES ARE UNCERTAIN. THE BEGINNINGS OF AN APPROACH TO PARENT-CHILD CONFLICTS ARE EVIDENT IN CASES DEALING WITH PARENTAL CONSENT TO ABORTION REQUIREMENTS AND THE ACCESS OF MINORS TO CONTRACEPTIVES, ALONG WITH A PENDING CASE INVOLVING DUE PROCESS PROTECTION ACCORDED MINORS WHO ARE BEING INSTITUTIONALIZED BY THEIR PARENTS. NO OVERALL CONSTITUTIONAL CHALLENGE TO THE TREATMENT OF CHILDREN AS A SPECIAL CLASS APPEARS LIKELY TO SUCCEED, ALTHOUGH A CASE-BY-CASE APPROACH MAY SEE CHILDREN ACCORDED ADDITIONAL RIGHTS CONSISTENT WITH THE RECOGNITION THAT THEY DO, IN FACT, LACK THE FULL CAPACITY OF ADULTS. FOOTNOTES ARE INCLUDED, AND APPENDIXES CONTAIN A LIST OF ORGANIZATIONS ENDORSING THE INTERNATIONAL YEAR OF THE CHILD AND RELATED MATERIAL. (AUTHOR ABSTRACT MODIFIED). (LWM)