Equality Between Adults and Children: Its Meaning, Implications, and Opposition

Abstract

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children’s equality, even among those who would consider themselves advocates for child welfare.

Keywords: child rearing, children's rights, parents' rights, parentage, custody, TPR, child maltreatment, education