
Contents
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Assumptions about Modernity Assumptions about Modernity
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Thin and Thick Views of the Child’s Best Interests Thin and Thick Views of the Child’s Best Interests
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Reading the United Nations Convention on the Rights of the Child in Light of the Universal Declaration of Human Rights Reading the United Nations Convention on the Rights of the Child in Light of the Universal Declaration of Human Rights
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Subjective Rights, Objective Rights, and Aquinas Subjective Rights, Objective Rights, and Aquinas
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Modern Trends toward a Diversity Model versus an Integrative Model Modern Trends toward a Diversity Model versus an Integrative Model
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Martha Albertson Fineman and June Carbone Martha Albertson Fineman and June Carbone
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Margaret Brinig: Covenant and Care Margaret Brinig: Covenant and Care
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Conclusion Conclusion
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Notes Notes
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Five Legal Parenthood, Natural and Legal Rights, and the Best Interests of the Child: An Integrative View
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Published:January 2013
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Abstract
This chapter develops an integrative view of children's rights based upon the natural law tradition in Christian thought. It reconstructs this tradition to address two questions: How should we ground the rights of children, especially in light of the rights of parents? What can Christianity contribute to answering that question? It argues that the natural law tradition emphasizes the biological relatedness and marriage of a child's parents as central to the rights of children, both legal and religious. It further contends that law and religion should cooperate in maximizing the possibility that the reproductive rights of adults are realized in ways that protect the rights of children to be raised by the parents who conceived them and to ensure that this happens within legally institutionalized marriage. The chapter shows the prominence of this view in major international human rights documents, such as the Universal Declaration of Human Rights (UDHR) and the United Nations Convention on the Rights of the Child (CRC). It also criticizes family law's move away from this natural law tradition and toward a diversity model.
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