'Let Them Starve': Government’s Obligation to Children in Poverty

Abstract

Children constitute the largest group of poor people in the United States and the number of children living in poverty has been increasing. This article examines the government’s legal obligation, if any, to provide a minimum level of benefits to children. Part II of the article provides a brief historical perspective on the provision of care for needy children. Part III considers whether government has a legal obligation to assist children living in poverty by providing at least a minimum level of basic needs. The article concludes that it may be difficult to use existing legal bases to impose an affirmative obligation on government to support poor children. Nevertheless arguments in favor of such an obligation, considering state constitutions, the parens patriae doctrine, and international law, are not foreclosed and may be a source for a legal norm that may lead to better treatment of children.

Keywords: children, poverty, customary law, international law, welfare