Analyzing Child Rights and Parental Authority: A Legal Perspective

This essay delves into the complex and often conflicting relationship between child rights and parental authority, examining how these two crucial concepts interact within a legal and ethical framework. The essay begins by highlighting the issue of child labor, referencing statistics from Human Rights Watch to underscore the prevalence of hazardous working conditions for children. It then transitions to a discussion of marriage breakdown and corporal punishment, analyzing how the Convention on the Rights of the Child, specifically Articles 12, 18, and 19, impacts parental authority in these scenarios. The essay explores the significance of respecting a child's views (Article 12) during family disputes, the importance of protecting children from violence (Article 19), and the limitations placed on parental discipline, including corporal punishment. It concludes that the rights of the child are paramount for their development, but also acknowledges that child rights can sometimes undermine parental authority. The essay references research by Anderson (2014) and Lansford et al. (2014) to support its arguments and provides a comprehensive overview of the legal and ethical considerations involved.

Running head: HUMAN RIGHTS AND HEALTH EQUITY
HUMAN RIGHTS AND HEALTH EQUITY
Name of the Author:
Name of the University:
Author Note:

1HUMAN RIGHTS AND HEALTH EQUITY
According to the Human Rights Watch, over 70 million children are found to be working
in a hazardous environmental condition which is prevalent is mining, agriculture and domestic
conditions. Reports say that children work in the tobacco farms for long hours and which is
capable to make the students sick. Child labour to large extent hampers the mental and the
physical growth of the children which deteriorates the education as well (hrw.org 2018). This
study will emphasise the marriage breakdown and corporal punishment and whether the child
rights undermines the authority of the parents.
When discussing the marriage breakdown, it is important to note that the convention on
the rights of the child has the explicit mention of the article 12, article 18 and article 20. Article
12 respects the view of the child and it says that the views and opinions of the child are
necessary (Unicef.org 2018). Thus, it can be said that children under 12 years of age are not
capable enough to point their views and in such cases, the authority of a parent demand high
attention. Although at the same time, when a family undergoes marriage breakdown, then the
choices of a child must be given highest priority. Thus, the parental authority gets undermined
under this scenario while respecting the view of a child. The convention on the rights of the child
encourages the parents to listen to the child’s opinion and involve the same in decision making
(Anderson 2014).
Another important article mentioned in the convention on the child rights Article 19, a
child must be protected from all forms of violence. The article explicitly mentions the child
protection from all sorts of violence that has negative effects on the mental and the physical
development of a child (Unicef.org 2018). Corporal punishment can be defined as the sort of
physical punishment which is mean to cause a light form of physical discomfort. Corporal
punishment involves smacking, slapping and spanking. Although parents often light form of

2HUMAN RIGHTS AND HEALTH EQUITY
punishment on their children so that the children can be taught about good or bad. If the
convention on the rights of the child is considered, then it is important to mention that the
parent’s authority is severely compromised when the child rights are given top most priority.
However, corporal punishment is not always can be considered as harsh for the child, but parents
also have the right to discipline their children (Lansford et al., 2014).
Thus, from the above study, it is can be concluded that the rights of the child are vital for the
proper development of children. The child rights conferred by the convention on the child right
prioritise the rights of the child but at the same time undermines the authority of a child. The idea
of child rights must be taken into account in scenarios where a child faces exploitation, violence
and child labour.

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Reference
Anderson, J., 2014. The impact of family structure on the health of children: Effects of divorce.
The Linacre Quarterly, 81(4), pp.378-387.
hrw.org, 2018. Child Labor. [online] Human Rights Watch. Available at:
https://www.hrw.org/topic/childrens-rights/child-labor [Accessed 31 Jul. 2018].
Lansford, J.E., Sharma, C., Malone, P.S., Woodlief, D., Dodge, K.A., Oburu, P., Pastorelli, C.,
Skinner, A.T., Sorbring, E., Tapanya, S. and Tirado, L.M.U., 2014. Corporal punishment,
maternal warmth, and child adjustment: A longitudinal study in eight countries. Journal of
Clinical Child & Adolescent Psychology, 43(4), pp.670-685.
Unicef.org, 2018. summary of the rights under the Convention on the Rights of the Child.
[online] Unicef.org. Available at: https://www.unicef.org/crc/files/Rights_overview.pdf
[Accessed 28 Jul. 2018].