The Content of Parental Rights

Abstract

This chapter develops an account of the content of parental rights—that is, what they are rights to do and against whom they are held. It distinguishes between fundamental parental rights, which are grounded in the interests of the parents, and derivative parental rights, which are grounded in other considerations. It argues that parents have fundamental rights to realize the goods that they have made possible through their work in raising their child. The content of derivative parental rights will depend to a significant extent on how a society or community organizes child-rearing. To illustrate this view the chapter considers putative parental rights to physically punish one’s child and to exercise religious freedom with respect to one’s child. Finally, there is a discussion of the relationship between parental rights and various justice-related considerations. The chapter closes by summarizing a framework for evaluating whether a putative parental right is justified.