Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We (...) owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably (...) encumbers the wills of children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual). (shrink)

Background: Adolescents’ health choices have been widely researched, but the ethical basis of these choices, namely their rights, duties, and responsibilities, have been disregarded and scale is required to measure these. Objective: To describe the development of a scale that measures adolescents’ rights, duties, and responsibilities in relation to health choices and document the preliminary scale testing. Research design: A multi-phase development method was used to construct the Health Rights Duties and Responsibilities ( HealthRDR) (...) scale. The concepts and content were defined through document analysis, a systematic literature review, and focus groups. The content validity and clarity of the items were evaluated by expert panel of 23 adolescents, school nurses, and researchers. We calculated the content validity index and the content validity ratio at on item and scale levels. Preliminary testing was conducted with 200 adolescents aged 15–16 years. Descriptive statistics, Cronbach’s alpha correlation, and statistics for the item-analysis were calculated. Ethical considerations: Ethical approval and permission were obtained according to national legislation and responsible research practice was followed. Informed consent was obtained from the participants and the parents were informed about the study. Findings: The Health Rights Duties and Responsibilities scale comprises of four sub-scales with 148 items: 15 on health choices, 36 on rights, 47 on duties, and 50 on responsibilities. The items had a 0.93 content validity index and a 0.85 content validity ratio. Cronbach’s alpha correlation coefficient was 0.99 for the total scale and the individual sub-scales scores were health choices (0.93), rights (0.97), responsibilities (0.99), and duties (0.98). Discussion: The findings are discussed in light of the ethical concepts and validity and reliability of the developed scale. Conclusion: The Health Rights Duties and Responsibilities scale defines and understands adolescents’ rights, duties, and responsibilities in relation to health choices and has good content validity. Further testing and refinement of the concepts are needed. (shrink)

This paper discusses the relation between deontic logic and the study of conversational interactions. Special attention is given to the notion of remedial interchange as analysed by sociologists and linguistic pragmaticians. This notion is close to the one of contrary-to-duty (reparational) obligation, which deontic logicians have been studying in its own right. The present article also investigates the question of whether some of the aspects of conversational interactions can fruitfully be described by using formal tools originally developed in the study (...) of iterated belief change. I here adapt the latter tools to deontic logic, and attempt an account of remedial interchange (and, more generally, contrary-to-duty reasoning) in terms of commutation. This account brings the dynamics of obligations to the fore. (shrink)

I criticise the ‘liberal’view of the proper relationship between the family and State, namely that, although the interests of the child should be paramount, parents are entitled to rights of both privacy and autonomy which should be abrogated only when the child suffers a specifiable harm. I argue that the right to bear children is not absolute, and that it only grounds a right to rear upon an objectionable proprietarian picture of the child as owned by its producer. If (...) natural parents have any rights to rear they derive from duties to bring their children into rational maturity where they can exercise rights for themselves. The presumption that natural parents are best suited to rear their own children should be discounted, as should the assumption that alternatives to natural parenting are unacceptably bad. I reject the suggestion that parents should be ‘licensed’but argue for a much closer monitoring of the family. Familial privacy, which such monitoring breaches, is shown to have a culturally specific and, given the facts of abuse, dubious value. In conclusion, I briefly specify the forms of monitoring I approve. (shrink)

The aim of this paper is to strengthen the point made by Horty about the relationship between reason holism and moral particularism. In the literature prima facie obligations have been considered as the only source of reason holism. I strengthen Horty’s point in two ways. First, I show that contrary-to-duties provide another independent support for reason holism. Next I outline a formal theory that is able to capture these two sources of holism. While in simple settings the proposed account (...) coincides with Horty’s one, this is not true in more complicated or “realistic” settings in which more than two norms collide. My chosen formalism is so-called input/output logic. A bottom-line example is introduced. It raises the issue of whether the conventional wisdom is right in assuming that normative reasons run parallel to epistemic ones. (shrink)

This book examines the question of what parental obligations procreators incur by bringing children into being. Prusak argues that parents, as procreators, have obligations regarding future children that constrain the liberty of would-be parents to do as they wish. Moreover, these obligations go beyond simply respecting a child’s rights. He addresses in turn the ethics of adoption, child support, gamete donation, surrogacy, prenatal genetic enhancement, and public responsibility for children.

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be (...) seen as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

New dimensions in different ethical scenarios following genetic information require new medical-ethical Action Guides for physician-patient interaction. This paper discusses the ambiguity in moral choice between a “right not to know” and “a duty to know”, regarding parental decisionmaking pro or contra selective abortion following prenatal screening for autosomal dominant polycystic kidney disease (Potter III) and related public policy issues.

Prenatal diagnosis challenges the issue of parental autonomy. Two ethical aspects of the parental decision making process with reference to PND have been taken into consideration: the duty to know and the right not to know. Whilst the first approach has been widely discussed in literature, the latter seems to be overlooked. In order to find good moral reasons supporting the right not to know, firstly the duty to know approach was critically analysed. Subsequently, the emphasis was put (...) on the unconditional parental love and the issue of child’s best interests as the features supporting parental right not to know. The clarification of what is good parenthood was presented as the best normative approach supporting the parental right not to know in case of PND. Apart from parental autonomy, raising the question of the right not to know is important in the debate about the place and role of people with disabilities in society. (shrink)

This paper advances a novel conception of the child’s best interest in regard to pediatric surgeries that do not promote the preventive or therapeutic health needs of children, or elective pediatric surgeries (EPS). First, children’s capacity for decision-making is examined, and the best decision-making model for EPS is identified as the Best Interest Standard. What follows is a discussion of the interests of children in the context of EPS, the correlation of fundamental interests to rights, and guidelines for weighing (...) children’s competing interests. Next, the rights and duties of parents as proxy decision makers are considered. Finally, a reinterpretation of the Best Interest Standard is proposed, identifying as paramount a child’s ability to make elective medical decisions for herself when she reaches maturity. (shrink)

This chapter argues that there is a duty to adopt many of the children without adequate parents, and that we can derive this duty straightforwardly from the right of children to be loved. It first considers and rejects the Easy Rescue view, according to which those who want to have children have a duty to adopt rather than have biological children, because, among other things, the cost of adoption will not be much more than the cost of having a biological (...) child. It then defends the Human Right view, according to which the duty to adopt belongs to every able person in appropriate circumstances. This chapter concludes by proposing a potential way of encouraging more people who are motivated to adopt actually to adopt. (shrink)

In recent years, increasing pressures have been brought to bear upon nurses and others more closely to inform, involve and support the rights of parents or guardians when crucial ‘life and death’ ethical decisions are made on behalf of their seriously ill child. Such decisions can be very painful for all involved, and may easily become deadlocked when there is an apparent clash of moral ideals or values between the medical team and the parents or guardians. This article examines (...) a growing number of such cases in New Zealand and analyses the moral parameters, processes, outcomes and ethical responses that must be considered when life and death ethical decisions involving children are made. The article concludes with a recommendation that nurses should be recognized as perhaps the most suitable of all health care personnel when careful mediation is needed to produce an acceptable moral outcome in difficult ethical situations. (shrink)

This paper discusses parents’ rights and duties regarding their offspring from a certain classical liberal perspective. Approaching this issue from this perspective is particularly interesting for two reasons. First, classical liberalism’s alleged inability to explain the rights of very young human beings is a serious objection against such theories. Second, if we are able to show that a version of classical liberalism not only avoids this objection but actually implies very strong parental obligations to support offspring, (...) the case for extensive parental obligations in general is indeed very strong. If we accept that parents produce offspring in the same sense that they can produce inanimate objects, but are able to show that such production does not create parental ownership in offspring, we should accept that parents have extensive duties to support their offspring in virtue of being their offspring’s producers. Moreover, these duties are negative duties, which parents must perform in order to avoid actively harming their offspring. (shrink)

In this chapter, I argue that children who were selected for particular traits or genetically enhanced might feel, for this reason, less securely, spontaneously and fairly loved by their parents, which would constitute significant harm. ‘Parents’ refers, throughout this chapter, to the people who perform the social function of rearing children, rather than to procreators. I rely on an understanding of adequate parental love which includes several characteristics: parents should not make children feel they are loved conditionally, for features (...) such as intelligence, looks or temperament; they should not burden children with parental expectations concerning particular achievements of the child; and parental love is often expressed in spontaneous enjoyment and discovery of children’s features. This understanding of parental love provides a reason to question the legitimacy of parental use of selection and enhancement and to explain why parents should not engage on a quest for the ‘best child’. (shrink)

This book explores the associative duties we owe to our children, parents, friends, colleagues, associates and compatriots and defends a novel account which justifies such duties through the realization of values that are produced in these various kinds of social relationships. Seglow engages with several key contemporary debates including parental rights over children’s education, the burdens of eldercare, permissible partiality to friends, and global justice versus compatriot duties.

S. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child's right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for pursuing (...) a good life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole. This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children's rights and parental rights and responsibilities, and to the emerging field of the philosophy of human rights. (shrink)

It may soon be possible to develop pills that allow parents to induce in themselves more loving behaviour, attitudes and emotions towards their children. In this paper, I consider whether pharmacologically induced parental love can satisfy reasonable conditions of authenticity; why anyone would be interested in taking such parental love pills at all, and whether inducing parental love pharmacologically promotes narcissism or results in self-instrumentalization. I also examine how the availability of such pills may affect the duty (...) to love a child. (shrink)

The aim of this article is to investigate the general and special obligations of parents with respect to the shaping of consumption habits, from a liberal egalitarian perspective. The article argues that, in virtue of them being well placed to shape the next generation's consumption habits, parents have a duty of justice to prevent their children from developing expensive consumption habits in order to enable them to leave their fair share to others. In virtue of the special relationship they have (...) with their children, parents have a duty of care, and this may also require parents to prevent their children from developing expensive consumption habits. Then the article discusses whether and under which conditions these duties hold in unjust circumstances, where a consumerist ethos is predominant and where other parents and educational agents do not collaborate effectively. (shrink)

Should involuntarily childless people have the sameopportunities to access parenthood as those who are not involuntarily childless? In the context of assisted reproductive technologies, affirmative answers to this question are often cashed out in terms of positive rights, including rights to third-party reproduction. In this paper, wecritically explore the scope and extent to which any such right would hold up morally. Ultimately, we argue for a departure away from positive parental rights. Instead, we argue that the (...) state has an imperfect duty to benefit involuntarily childless people in relation to their parental aspirations. (shrink)

Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory (...) to override a woman’s bodily autonomy for the sake of an unborn child’s survival, we must continue to override the bodily autonomy of parents to ensure the survival of their living children, until the parent no longer has a special obligation to their child to the same degree as their special obligation to the fetus. And if the life of a child is truly more important than the bodily autonomy of its parents, as must be the case to force women to carry unwanted pregnancies to term, this should remain true until such a time that their children are no longer considered their responsibility. Thus, parity of reasoning suggests that policies compelling the gestation of a fetus should be accompanied by policies compelling organ donation. (shrink)

Although children and parents often feature in philosophical literature on education, the nature of the parent–child relationship remains occluded by the language of rights, duties and entitlements. Likewise, talk of ‘parenting’ in popular literature and culture implies that being a parent is primarily about performing tasks. Drawing on popular literature, moral philosophy and philosophy of education, I make some suggestions towards articulating a richer philosophical conception of this relationship, and outline some of the implications, questions and problems this (...) raises for philosophers of education. (shrink)

This book examines the negative power that child maltreatment has on individuals and society ethically and politically, while analyzing the positive power that parental love and healthy families have. To address how best to confront the problem of child maltreatment, it examines several policy options, ultimately defending a policy of licensing parents, while carefully examining the tension between child and adult rights and duties.

A number of international organizations have claimed that children have a right to be loved, but there is a worry that this claim may just be an empty rhetoric. In this paper, I seek to show that there could be such a right by providing a justification for this right in terms of human rights, by demonstrating that love can be an appropriate object of a duty, and by proposing that biological parents should normally be made the primary bearers (...) of this duty, while all other able persons in appropriate circumstances have the associate duties to help biological parents discharge their duties. I also consider some policy implications of this right. (shrink)

In the contemporary family law, parents are obliged to arrange the joined implementation of the parenting rights either by their own will or through the help of their lawyers and/or mediators. This institute of mutual agreement is known as joined custody or joined implementation of the parenting right after the divorce of the marriage. This institute makes it possible for parents who live separately to arrange their custody rights in the most convenient way for the child. With a (...) joined custody agreement, the parents accept the obligation to implement all the rights and duties that constitute the parenting right even in case of their separation. Through not dividing their rights from their obligations and with the aim of being closer to the needs of the child, the institute of joined custody helps avoid the feelings of hostility and disagreement in regard to the judicial decision which gives permanent custody to one of the parents. This institute is incorporated in the family law of many countries. This article aims to emphasize the need to introduce in the family law of RM an explicit provision for joined and responsible custody after the divorce in order to achieve the best interest of the child. There is a joined initiative of parents who live separately from their children who request the amendment of the Family Law of RM in this direction. (shrink)

Duty of candour legislation was introduced in Scotland in 2018. However, literature and experience of duty of candour when applied to infection control incidents/outbreaks is scarce. We describe clinician and parental perspectives with regard to duty of candour and communication during a significant infection control incident in a haemato-oncology ward of a children’s hospital. Based on the learning from this incident, we make recommendations for duty of candour and communication to patients and families during future infection control incidents. These (...) include the need to consider a crisis management approach, the importance of not underestimating psychological harm in incidents of a prolonged duration and embedding the existing legislation pertaining to the rights of the child. (shrink)

This paper reports two cases in Hong Kong involving two native Chinese adolescent cancer patients (APs) who were denied their rights to consent to necessary treatments refused by their parents, resulting in serious harm. We argue that the dynamics of the 'AP-physician-family-relationship' and the dominant role Chinese families play in medical decision-making (MDM) are best understood in terms of the tendency to hierarchy and parental authoritarianism in traditional Confucianism. This ethic has been confirmed and endorsed by various Chinese (...) writers from Mainland China and Hong Kong. Rather than giving an unqualified endorsement to this ethic, based more on cultural sentimentalism than rational moral reasoning, we warn that a strong familism in MDM, which deprives 'weak' family members of rights, represents the less desirable elements of this tradition, against which healthcare professionals working in this cultural milieu need to safeguard. Specifically for APs, we suggest that parental authority and family integrity should be re-interpreted in terms of parental responsibility and the enhancement of children's interests respectively, as done in the West. This implies that when parents refuse to consent to necessary treatment and deny their adolescent children's right to consent, doctors, as the only remaining advocates of the APs' interest, have the duty to inform the state, which can override parental refusal to enable the doctors to fulfill their professional and moral obligations. In so doing the state exercises its 'parens patriae' power to defend the defenseless in society and the integrity of the medical profession. (shrink)

This paper reports two cases in Hong Kong involving two native Chinese adolescent cancer patients (APs) who were denied their rights to consent to necessary treatments refused by their parents, resulting in serious harm. We argue that the dynamics of the ‘AP‐physician‐family‐relationship’ and the dominant role Chinese families play in medical decision‐making (MDM) are best understood in terms of the tendency to hierarchy and parental authoritarianism in traditional Confucianism. This ethic has been confirmed and endorsed by various Chinese (...) writers from Mainland China and Hong Kong. Rather than giving an unqualified endorsement to this ethic, based more on cultural sentimentalism than rational moral reasoning, we warn that a strong familism in MDM, which deprives ‘weak’ family members of rights, represents the less desirable elements of this tradition, against which healthcare professionals working in this cultural milieu need to safeguard. Specifically for APs, we suggest that parental authority and family integrity should be re‐interpreted in terms of parental responsibility and the enhancement of children's interests respectively, as done in the West. This implies that when parents refuse to consent to necessary treatment and deny their adolescent children's right to consent, doctors, as the only remaining advocates of the APs' interest, have the duty to inform the state, which can override parental refusal to enable the doctors to fulfill their professional and moral obligations. In so doing the state exercises its ‘parens patriae’ power to defend the defenseless in society and the integrity of the medical profession. (shrink)

Is parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of (...) trust, this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights. (shrink)

Many writers argue that future persons cannot have rights because they do not exist now. Therefore, they cannot be our equals. Derek Parfit argues that future persons cannot claim that past persons have violated their rights. If actions of past persons alter the genetic identity of future persons, then they would not exist at all. It is argued that Parfit's view is incorrect. In such cases it is our duty to reason as if there is some real person (...) or other at some temporal distance from us whom we must take precautions not to harm. Moreover, future persons are real, determinate persons. It would be as wrong to discriminate against them as it would be to discriminate against those at spatial distance. ;In accord with Joel Feinberg, rights are interpreted as valid claims to have our interests fulfilled. If it is known in advance that all of a particular future person's basic interests have been destroyed before he or she is born, then that person has a right not to be born. With respect to genetic heritage, some inherited conditions, notably anencephaly, Tay-Sachs syndrome, and Lesch-Nyhan syndrome, do destroy all the basic interests of a person before he or she is born. Such individuals have rights not to be born. Other genetic conditions harm a child and may be a wrong her if such a condition could have been prevented by parents or others responsible for her conception or birth. ;The limitations of predictions in human genetics are reviewed, and a brief history of the misuses of information in genetics to support public policy in eugenics is given. It is argued that no wholescale public program in eugenics should be supported. But, individuals need to make responsible reproductive choices. Lineal descendants have rights not to be harmed by severely debilitating genetic conditions. Moreover, every immature person has rights to be nurtured, and parents have duties to care for children born to them. They have duties not to conceive or in some cases not to give birth to children who would be harmed by genetic diseases. (shrink)

This book provides a multidisciplinary analysis of the potential conflict between a government’s duty to protect children and a parent’ right to raise children in a manner they see fit. Using philosophical, bioethical, and legal analysis, the author engages with key scholars in pediatric decision-making and individual and religious rights theory. Going beyond the parent-child dyad, the author is deeply concerned both with the inteests of the broader society and with the appropriate limits of government interference in the private (...) sphere. The text offers a balance of individual and population interests, maximizing liberty but safeguarding against harm. Bioethics and law professors will therefore be able to use this text for both a foundational overview as well as specific, subject-level analysis. Clinicians such as pediatricians and gynecologists, as well as policy-makers can use this text to achieve balance between these often competing claims. The book is written by a physician with practical and theoretical knowledge of the subject, and deep sympathy for the parental and family perspectives. As such, the book proposes a new way of evaluating parental and state interventions in children's’ healthcare: a refreshing approach and a useful addition to the literature. (shrink)

Should involuntarily childless people have the same opportunities to access parenthood as those who are not involuntarily childless? In the context of assisted reproductive technologies, affirmative answers to this question are often cashed out in terms of positive rights, including rights to third-party reproduction. In this paper, we critically explore the scope and extent to which any such right would hold up morally. Ultimately, we argue for a departure away from positive parental rights. Instead, we argue (...) that the state has an imperfect duty to benefit involuntarily childless people in relation to their parental aspirations. (shrink)

Ideas of justice have traditionally focused on what individuals owe to one another and have drawn our attention to what is considered fair--what one of us owes to another is justly matched by what the other owes to them. However, what does justice require us to do for past and future generations? In Justice Back and Forth, award-winning author Richard Vernon explores the possibility of justice in cases where time makes reciprocity impossible. This "temporal justice" is examined in ten controversial (...) cases including the duty to return historical artifacts, the ethics and politics of parenting, the punishment of historical offences, the right to procreate, and the imposition of constitutions on future citizens. By deftly weaving together discussions on historical redress and justice for future generations, Vernon reveals that these two opposing topics can in fact be used to illuminate each other. In doing so, he concludes that reciprocity can be adapted to serve intergenerational cases. (shrink)

The moral limits on how, and how much, parents may attempt to shape their children depend on what the moral project of parenthood is all about. A great deal has been written in the past forty years on the moral functions of parents and families and the acquisition and character of parental duties and rights. There has also been a great deal of philosophical writing on the use of technologies to create, select, and modify children, with such (...) seminal works as Warnock et al., and Robertson. The two literatures have overlapped... (shrink)

This is the first article to investigate the role of parental affection in Edmund Burke’s political thought. It challenges the widely held view that Burke defended patriarchal authority in reaction to egalitarian ideas of the family advanced by the French Revolution. Burke, himself a devoted father, believed that civil liberty depended upon parental rights and responsibilities. Long before the revolution began, he warned against a contemporary fascination with Spartan ideas of parental indifference in the Annual Register (...) – ideas that the National Assembly in France appeared, in his view, to be implementing in their reforms to family law. From Burke’s perspective, the revolutionaries in France were interfering in the relationships between parents and their children in order to make way for an all-encompassing devotion to the state. Burke warned that by undermining parental love and duty, the revolutionaries in France were not only instituting a new tyrannical regime but also destroying the very foundation of humanity. (shrink)

Do children have a right to be loved? An affirmative answer faces two immediate challenges: (i) a child's basic needs can be met without love, therefore a defence of such a right cannot appeal to the role of love in protecting children's most basic needs, and (ii) since love is non-voluntary, it seems that there cannot be a corresponding duty on the part of parents to love their child. In this essay, I defend an affirmative answer that overcomes both of (...) these challenges. First, I argue that the right of children to be loved is grounded in the value of children leading meaningful lives. Second, I argue that the right of children to be loved gives rise to a duty on the part of the state to do all that it legitimately can to ensure that procreation and parenting follows from a truly voluntary decision on the part of its citizens. -/- . (shrink)

Many people move house at some point during their childhood and not rarely more than once. While relocations are not always harmful for under-aged children, they can, and frequently do, cause great disruption to their lives by severing their social ties as well as any attachments that they might have to their neighbourhood, town, or wider geographical region, with long-lasting psychological effects in some cases. Since it is increasingly recognised within normative philosophy as well as within Western societies that older (...) minors should have the final say over certain issues that significantly affect their lives (think, for instance, of custody disputes, decisions about whether to get specific vaccinations or use contraceptives), this raises the question: Can it be morally incumbent upon parents to give their minor children a veto over family relocation? This article argues that the answer is affirmative. Specifically, it suggests that such duties exist if and only if (i) parents are not morally required to either relocate their families or stay put, (ii) the stakes of the decision about a family relocation are fairly low, and (iii) the children have the competence to make these decisions, as many older minors do. (shrink)

What exactly is it that makes someone a parent? Many people hold that parenthood is grounded, in the first instance, in the natural derivation of one person's genetic constitution from the genetic constitutions of others. We refer to this view as "Geneticism". In Part I we distinguish three forms of geneticism on the basis of whether they hold that direct genetic derivation is sufficient, necessary, or both sufficient and necessary, for parenthood. Parts two through four examine three arguments for geneticism: (...) the property argument, the causal argument, and the parity argument. We conclude that none of these arguments succeeds. (shrink)

This chapter examines the issue of who has the duty to love a child, supposing that there is a right to be loved. It makes the striking claim that everyone has this duty, even when the biological parents are available. It explains that everyone’s having this duty does not mean that everyone has to do the same thing, and that biological parents should be given the status of primary dutybearers while others have associate duties to assist the primary dutybearers (...) in carrying out this duty. This chapter also considers how demanding the duty to love a child should be and it argues that while there are limits as to how much we are required to sacrifice to fulfill this duty, we may be required to sacrifice more than what common sense morality supposes. (shrink)

Many believe that it is wrong for parents to prevent their children from associating with other adults. Many also believe that it is wrong for parents to prevent their children from continuing to associate with adults whose association with them is crucial to the children’s well-being. Call these adults the important associates of children. In this essay, I will argue that the considerations favoring the two judgments just mentioned also favor a further judgment. In particular, I will argue that important (...) associates are presumptively obligated to continue associating with the children to whom they are important associates. This means that the important associates of children who dissolve their association with a child without proper justification wrong these children by doing so. (shrink)

Proponents of children's liberation (CL) argue that there are no morally relevant differences between children and adults. Consequently, special protective laws that limit children's freedom are unjustified, and should be abolished. Protectionists reject the premise of this argument, and hence also the conclusion. Proponents of CL mostly fix upon the capacity for instrumental reasoning as the criterion that should separate autonomous from non-autonomous individuals. I argue that most children are substantially worse at instrumental reasoning than most adults, and although drawing (...) a line between the two categories has an arbitrary element, outstanding exceptions on both sides can be justly accommodated. Furthermore, the capacity for instrumental reasoning is a necessary but not sufficient basis for equal rights. A morally decent society is more demanding of individuals than the skeptical or libertarian one that most plausibly grounds CL. To construct and live in such a society requires both prudence and morality. But there is evidence that children need protection and limits to develop these traits. So there are morally relevant differences between children and adults after all, and the argument from justice fails. The utilitarian arm of the argument also fails: because of these morally relevant differences, CL would have worse consequences than those envisioned by its supporters. Parents would lose important authority, and there would be more homeless children. Consequently, the gap between advantaged and disadvantaged persons would become larger and more irreversible. (shrink)

In an earlier paper entitled _Harm is all you need?_, I used an analysis of English law to claim that the harm threshold was an unsuitable mediator of the best interests test when deciding if parental decisions should be overruled. In this paper I respond to a number of commentaries of that paper, and extend my discussion to consider the claim that the harm threshold gives appropriate normative weight to the interests of parents. While I accept that parents have (...) some rights over their children, I argue these are dependent on parents’ duties to benefit their children. While many such benefits are understood pluralistically, and are thus within parents’ ambit to decide, I claim that health benefits are ordinally different, because they play a foundational role in the flourishing of an individual. In the light of this, clinicians have the moral authority to override parental refusals, although in some cases abstaining from exercising this authority may be a pragmatic way to maintain parental engagement and ensure our ability to benefit the child in future. (shrink)

Infants are unable to make their own decisions or express their own wishes about medical procedures and treatments. They rely on surrogates to make decisions for them. Who should be the decision-maker when an infant’s biological parents are also minors? In this paper, we analyse a case in which the biological mother is a child. The central questions raised by the case are whether minor parents should make medical decisions on behalf of an infant, and if so, what are the (...) limits to this decision-making authority? In particular, can they refuse treatment that might be considered best for the infant? We examine different ethical arguments to underpin parental decision-making authority; we argue that provided that minor parents are capable of fulfilling their parental duties, they should have a right to make medical decisions for their infant. We then examine the ethical limits to minor parents’ decision-making authority for their children. We argue that the restricted authority that teenagers are granted to make medical decisions for themselves looks very similar to the restricted autonomy of all parents. That is, they are permitted to make choices, but not harmful choices. Like all parents, minor parents must not abuse or neglect their children and must also promote their welfare. They have a moral right to make medical decisions for their infants within the same ‘zone of parental discretion’ that applies to adult parents. We conclude that adult and minor parents should have comparable decision-making authority for their infants. (shrink)

This qualitative study describes midwives’ experiences in relation to termination of pregnancy for fetal abnormalities, and their corresponding professional and ethical position. Thirteen midwives working in a university clinic were interviewed about their problems in this respect. The information gathered was evaluated by using qualitative content analysis. The study focused on the emotional experience of the midwives, their professional position, and ethical conflict. In this situation, midwives are faced with a conflict between the woman’s right to self-determination on one hand (...) and the right to life of the child on the other. This conflict causes a high level of emotional stress and, subsequently, professional identity problems. Although questions concerning the child’s right to life are generally suppressed, the ethical principle of the woman’s right to self-determination is rationalized. Although this process of rationalization seems to present a false ethical decision, it enables midwives to continue with their daily professional duties. As far as orientating midwives to the value of these women’s right to self-determination is concerned, it must be assumed that they have made an ethical decision to which they have given insufficient thought. This problem is exacerbated by the fact that midwives are largely excluded from the decision-making process of the parents in question. They cannot therefore help in this process in a valuable and responsible way by providing clear information and proposing objective criteria. In relation to the tasks they are expected to fulfil, these midwives revealed that they were in a state of professional confusion. (shrink)

Advances in assisted reproductive technologies can give rise to several ethical challenges. One of these challenges occurs when the reproductive desires of two individuals become incompatible and conflict. To address such conflicts, it is important to unbundle different aspects of (non)parenthood and to recognize the corresponding reproductive rights. This article starts on the premise that the six reproductive rights—the right (not) to be a gestational, genetic, and social parent—are negative rights that do not entail a right to (...) assistance. Since terminating or continuing a pregnancy is a form of assistance, the right (not) to be a gestational parent should enjoy primacy in conflicts. However, while refusing assistance may hinder the reproductive project of another person, “prior assistance” does not entitle someone to violate a reproductive right. Therefore, our analysis provides reasons to argue that someone has a right to unilaterally use cryopreserved embryos or continue the development of an entity in an extracorporeal gestative environment (i.e., ectogestation). Although this could lead to a violation of the right not to be a genetic parent, it does not necessarily entail a violation of the right not to be a social parent. (shrink)

If Kant's account of rights had continued the "early modern Natural Law tradition", basing rights on some notion of human flourishing, there would be no difficulty about including socio-economic rights for the needy in his theory. However, his division of moral philosophy into Rechtslehre and Tugendlehre limits Rechtspflichten to duties that a moral agent can be coerced to fulfill. If a state is to give the needy statutory rights, the justification for using coercion on its (...) citizens cannot be that they have a duty of virtue to assist the needy. In order to determine whether such a justification can be found, the one innate socio-economic right Kant admits, a child's right to be cared for and educated, is examined and found to be a right against its parents, not against the state. Kant does, however, hold that a state should establish institutions to provide for abandoned children and for the poor in general. His justification for a state's use of coercion with regard to such statutory rights is considered and a criterion is suggested for the possible consent of its non-virtuous citizens to proposed measures for assistance to the needy. It is suggested that if advocates of aid to the needy cannot justify their proposals by such a criterion they will have to provide a very different account of rights than Kant gives in his Rechtslehre , which is concerned with the moral permissibility of using coercion. Wenn Kants Lehre von den subjektiven Rechten nichts anderes wäre als eine Fortsetzung der "ihr vorangehenden modernen Naturrechtstradition" und die subjektiven Rechte infolgedessen auf das eine oder andere Konzept von menschlichem Wohlergehen gestützt hätte, dann wäre es nicht sonderlich schwierig, sozio-ökonomische Rechte für die Bedürftigen in diese Lehre einzubauen. Nun schränkt Kants Einteilung der Moralphilosophie in Rechtslehre und Tugendlehre den Begriff der Rechtspflicht allerdings auf diejenigen Pflichten ein, zu deren Erfüllung ein Mensch gezwungen werden kann. Deshalb kann, wenn ein Staat den Bedürftigen durch ein positives Gesetz irgendwelche Rechte auf Hilfe gewährt, die Rechtfertigung der Anwendung von staatlichem Zwang nicht darin gesucht werden, daß die dadurch in Anspruch genommenen Personen die Tugendpflicht haben, die Bedürftigen zu unterstützen. Um festzustellen, ob sich staatlicher Zwang in bezug auf solche Hilfspflichten überhaupt rechtfertigen läßt, erörtert der Beitrag das Recht des Kindes auf Fürsorge und Ausbildung als das eine und einzige angeborene sozio-ökonomische Recht, das Kant akzeptiert. Freilich ist das Recht des Kindes ein Recht gegen seine Eltern und nicht gegen den Staat. Gleichwohl nimmt Kant an, daß der Staat Einrichtungen schaffen sollte, die für verlassene Kinder und für die Armen im allgemeinen zu sorgen haben. Der Beitrag untersucht die Rechtfertigung, die Kant für die Anwendung von staatlichem Zwang zur Durchsetzung solcher positiv-gesetzlicher Rechte gibt, und arbeitet die Gründe dafür heraus, warum der nicht tugendhafte Staatsbürger in die vorgesehenen Hilfsmaßnahmen für die Bedürftigen einwilligen könnte. Wenn sich die Verfechter von Hilfsmaßnahmen für die Bedürftigen außerstande sehen, ihre Vorschläge auf Gründe dieser Art zu stützen, dann werden sie mit einem Konzept von subjektivem Recht aufwarten müssen, das sich von dem Konzept Kants von Recht und Rechtslehre , bei dem es allein um die moralische Erlaubtheit von Zwangsmaßnahmen geht, ganz erheblich unterscheidet. (shrink)

The recent decrease in public confidence in the measles, mumps and rubella vaccine has important implications for individuals and public health. This article presents moral arguments relating to conflicts between individual autonomy and collective responsibilities in vaccination decisions with a view to informing and advising health professionals and improving the effectiveness of education policies in avoiding resurgence of endemic measles. Lower population immunity, due to falling uptake, is hastening the need for greater public awareness of the consequences for the population. (...) Vaccination refusals go hand in hand with responsibilities owed to future generations and society in not knowingly contributing to preventable harms. Issues such as parents’ rights are considered and balanced against: collective responsibilities for public health; permissibility of ‘free-riding’; conflicting duties of health professionals; and possible enforcement of vaccination. It is suggested that the arguments may form a persuasive tool for the practice of health professionals involved in informing and supporting parents’ vaccination decisions. (shrink)

Fathers do not have an absolute obligation to provide for the welfare of their children. If mothers have the right to opt out of future duties towards their children by deciding to have an abortion instead, fathers too should be considered to have the right to avoid similar future duties. I also argue that fathers should be granted a mechanism by which they can exercise such a right. The discussion is initially motivated by showing an apparent inconsistency among (...) three widely accepted principles regarding a woman's right to an abortion, equality, and parental obligations. I argue that by allowing fathers (with certain restrictions) to refuse to support their forthcoming progeny, the inconsistency among the three principles is resolved. I also argue that this is the best resolution, and provide three other independent arguments in favor of a paternal right of refusal. (shrink)

An explicit linking of the minutiae of everyday parenting practices and the good of society as a whole has been a feature of government policy. The state has taken responsibility for instilling the right parenting skills to deal with what is said to be the societal fall-out of contemporary and family change. ?Knowledge? about parenting is seen as a resource that parents must access in order to fulfil their moral duty as good parents. In this policy portrait, caring for children (...) is posed as a classless and gender-neutral activity. A key theme of this article is that parents from different social class groups are positioned and understand themselves in quite distinct ways in relation to parenting skills advice and expert intervention into their family and home lives. We take a ?relational? perspective to show how mothers and fathers from different social class groups see themselves, and are located by policy and practice, as clients or consumers, and as commonplace or pioneers, in relation to parenting support for themselves and the education system for their children. We identify the lived gendered and classed disparities of power, and associated moral worth, attached to particular parenting practices. (shrink)