n Tydskrif vir die Suid-Afrikaanse Reg - 'n Amerikaanse perspektief op kinderregte en ouerlike gesag - moontlike lesse vir Suid-Afrika

Volume 2003, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The aim of this article is to determine to what extent constitutional litigation has contributed towards the establishment of a culture of children's rights. The American constitution does not explicitly confer constitutional rights on parents or children, but constitutional litigation becomes relevant where parental authority and children's rights are apparently in conflict. Constitutional litigation involving a child and his rights requires the court to balance family autonomy and parental authority against the constitutional rights of the child. The article, by means of an analysis of jurisprudence, indicates how a balance can be struck between the constitutional rights of parents, children and the state.

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