Katie Jay posted: "Children enter foster care because they are in danger. A child’s safety should be the first priority in any child welfare system, shouldn’t it? As a lawyer, I’ve been examining the role the judicial system plays in making sure children remain safe once.”
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But when I look around at what our judicial system is actually doing, it becomes clear that our courts too often favor a parent’s right to autonomy over a child’s right to safety.
I don’t know why I am surprised. To give some legal background, our constitution is a “negative rights” instrument, which means that it obliges our government to not interfere with our lives unless necessary. So a parent’s right to privacy in how she raises her family is legally protected.
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