Three Concepts of Children's Constitutional Rights: Reflections on the Enjoyment Theory

University of Pennsylvania Journal of Constitutional Law 2 (1):77-94 (1999)
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Abstract

In its long history of rulings on the constitutional rights of children, the U.S. Supreme has struggled with a dilemma: either regard children as persons with fundamental rights that the state must respect, or regard them as human beings who are always in some form of custody. This paper describes and critically discusses three solutions to this dilemma. Only the third solution -- "the enjoyment or rights-in-trust theory" -- solves the problem.

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Laurence Houlgate
California Polytechnic State University, San Luis Obispo

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