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Additional resources for Beyond the Schoolhouse Gate: Free Speech and the Inculcation of Values
Sample text
The challenge lies in reconciling these competing approaches. Constitutional Rights: A Lovver Threshold In addressing children's rights, we must invariably consider the proper distance between adults' rights and those granted youngsters. Forging constitutional rights for children, therefore, requires a comparative approach: How similar should these rights be to those enjoyed by adults? The United States Supreme Court has properly concluded that children merit less constitutional protection than adults.
73 By emphasizing autonomy and choice, these rights serve a distancing rather than an integrative function. 74 Not surprisingly, autonomous rights reflect a deep suspicion of authority, and they can be traced to John Stuart Mill's libertarian principle embracing the right to be let alone. 75 The right to self-determination entails certain derivative rights: the right to alternative home environments; the right to responsive design; the right to information; the right to educate oneself; the right to freedom from physical punishment; the right to sexual freedom; the right to economic power; the right to political power; and the right to justice.
L2S Melton's observations, while perhaps overstated, nonetheless point out the reluctance of the Court to confer constitutionally guaranteed autonomous rights on children. The rulings incorporate both integrative and autonomous rights, but not in identical fashion. Conclusion Children require both adult protection and autonomy from adult authority. Adult protection is necessary because youngsters are often too immature and vulnerable to make critical decisions. Children The Emergence of Children's Rights 43 also need to experience autonomy if they are to develop into independent, responsible adults.
