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Parental Consent and Children's Rights in Europe: A Balancing Act

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  • Stacy Kosko

Abstract

Three recent European Court of Human Rights cases of discrimination in education against Roma raise the question of what conditions must be present for parents to give 'meaningful' consent in decisions pertaining to their children and whether such consent can be meaningful when a fundamental freedom is at stake. The paper investigates the nature and limits of parental consent and makes the case for a 'threshold' above which respect for the dignity of the parents requires meaningful consent for any decision pertaining to their children and below which respect for the human rights of the child prohibits interference with the exercise of a right. Identifying the exact location of the threshold in any specific case requires local-level public deliberation; insisting that decisions meet those threshold conditions, and enforcing their recognition, is a job for the Court.

Suggested Citation

  • Stacy Kosko, 2010. "Parental Consent and Children's Rights in Europe: A Balancing Act," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 11(3), pages 425-448.
    • Handle: RePEc:taf:jhudca:v:11:y:2010:i:3:p:425-448
    DOI: 10.1080/19452829.2010.495516
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    References listed on IDEAS

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    1. Dena Ringold & Mitchell A. Orenstein & Erika Wilkens, 2005. "Roma in an Expanding Europe : Breaking the Poverty Cycle," World Bank Publications - Books, The World Bank Group, number 14869.
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    Cited by:

    1. Andrea Vigorito, 2011. "Bibliography on the Capability Approach 2010--2011," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 12(4), pages 607-612, November.

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