There is no Charter right to abuse ...

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There is no Charter right to abuse ...

Below is an article from the Globe and Mail Editorials from Wednesday's Globe and Mail, Friday, May. 29, 2009 03:45AM EDT. LINK

Globe and Mail Editorial wrote:
Parents have no constitutional right to teach their children to hate or kill.

A Winnipeg parental-rights case involving a 7-year-old girl who believes that killing black people is the right thing to do appears to be a case of severe emotional abuse, and nothing in the Canadian Constitution gives parents licence to abuse their children.

There is, in effect, a higher law than the Constitution: the best interests of the child. The state has a duty to protect children at great risk. That duty trumps any abstract debate about the limits of free speech or religion in Canada. The limit is reached when severe harm is done to the child.

Not every harmful situation, though, should be resolved by taking a child permanently from her parents. The state simply does not have a good track record when it tries to provide substitute care for children. In June, after the girl's mother and stepfather parted ways, Manitoba's Child and Family Services decided to return the girl and her brother to the mother on weekends, and eventually full-time. Why CFS is now seeking permanent guardianship is not clear. The mother has moved to Quebec, and has not retained a lawyer to represent her in a custody hearing at the Court of Queen's Bench. The stepfather argues that he should have custody, and that the Constitution protects his right to teach his children as he sees fit. If he were right about the Constitution, there would be no limits on corporal punishment, which is also a form of expression.

In any event, this case goes beyond a set of odious teachings. It is about a girl whose autonomy is lacking. She missed 39 days of school in the 2007-08 academic year because her parents couldn't be bothered to wake up from nights spent drinking. Her body was used as a billboard for racist markings - a swastika in permanent ink, "Aryan Pride," "we must secure the existence of our people and a future for white children." Her brother's image was used in a poster widely distributed, featuring the words "Wanted - a future for white children." The girl told a social worker matter-of-factly that "black people should die." It all smacks of raising a child soldier.

The denial of the right to go to school, the use of a child's body as a vehicle for parental ideologies, the inculcation of violent attitudes - all these, whether taken together or individually, are properly the business of the state.

Can this girl grow up in a healthy way? Not as matters stand now. The right answer for her and her brother will depend on how bad the abuse has been and what her parents are willing to do to clean up their act. The parents should put their abusive form of indoctrination aside.

What is more interesting than the article itself are the responses, which I urge you to read at least in part. The article itself doesn't offer much in the way of commentary on the occurrence of this supposed child abuse, so I won't comment on the author's words.

There is nothing in the Charter which protects the rights for parents to teach their children whatever they want, but neither are there proscriptions against what parents might want to teach. It seems to me quite clear that the parents have abused their children and I don't find myself trying to justify that charge; it seems so apparent. That not being argued, what else would constitute abuse?

Certainly if teaching children to be white supremacists who believe that black people should die is abusive, teaching children that homosexuality is immoral or wrong and that homosexuality ought to be outlawed and homosexuals punished is abusive? Also would be denying the child life saving medical treatment or preventative treatment (like chemotherapy, blood transfusions or vaccinations). And also indoctrinating a child into a mythology so remote from reality and psychologically damaging.

At what point can abuse be said to have taken place and how could any law that did not directly contravene the rights of the parents (which are greater than those of the child at first and which are also expansive, covering freedoms and rights to religion and expression and others) properly proscribe against the abuse without also being convoluted, difficult to enforce and possibly infringing on legitimate rights?

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I would argue that any

I would argue that any parent teaching their children things that run counter to reality is abusive and damaging to society.

One of the things that struck me when I watched "Jesus Camp" was a scene towards the beginning where a home schooled child was spewing a bunch of nonsense about global warming being a liberal hoax. This kid wasn't just being indoctrinated with faith, he was being indoctrinated with an entire world view. How does this kid grow up and integrate into a society that is beginning to wake up  (slowly) to the reality of global warming and other problems? What are the odds that he will grow up to be one of the next generation of stubborn obstructionists that we ultimately end up having to compromise with just to get anything done?

Unfortunately getting people to realize that not everyone is capable of responsibly raising a child whether they can put food on the table or not is a tall order. Children are an opportunity to spread ideology as much as they are an opportunity to spread genes. I work with a guy who fully believes he lives in the world all by himself. If he wants to have a huge family, so what? If he wants to drive a big gas hog, so what? No amount of logic can disabuse him of his libertarian world view and I regularly run into these people on the net.

These people often have kids or intend to have them in the future, and they fully intend to raise these children with the same wreckless world view. I have no idea how you could sell them on a set of laws that would basically phase out their opinions over time.

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I think thats terrible that

I think thats terrible that that would happen to a child... its exactly what Hitler did with the Jews and I don't think there's any right for either of the parents to have custody of that poor girl.


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I agree with you but ...

A century ago perhaps a bit more failure to provide for the religious education of a child was evidence of neglect. If I remember from my Parents without Partners days not nearly that long ago there were several custody cases decided in favor of the religion providing parent -- although PWP only meets the good half a a failed marriage.

Once it is admitted that the state has an interest in children it becomes a debate only as to what areas. Once an interest is accepted there is no limitation as to the extent and nature of that interest.

While it may appear possible in an ideal, rational world to come up with legitimate guidelines we do not live in such a world. People do love their intangibles.

The US preferred legal system has always focussed upon a clear separation between beliefs and actions. It seems to me one can teach a child all kinds of nonsense even things like this as long as the implementation is not taught which would qualify as a conspiracy to commit a crime.

This may seem inappropriate but hardly a week goes by when an Israeli newspaper does not only teach it is permissable to kill non-Jews (read Palestinians) but that god commands it. On the off chance they are not representative of their communities thousands of West Bank children need be removed. And as about half of the West Bank squatters have Brooklyn accents New York City most likely needs to remove tens of thousands of children. That is, IF we look only at what is taught instead of what is done.

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They fuck you up, your mom

They fuck you up, your mom and dad. No way to legislate against that.

I heard this statistic once. It put a number on how many kids get killed by their parents every day. If we can't even stop that, how are we going to stop their parents screwing with their brains ?

These two girls spring to mind : http://www.youtube.com/watch?v=PR76l9mWVow

To end on a happy note, there are signs that the twins in that documentary are getting a little bored and fed-up with the whole nazi thing. Good oldfashioned teenage rebellion will put them right in the end.

 


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The State

I think we would be wise to hesitate in giving the state more authority over people than it already has.

While you and I might agree that "harm" is being done to a child, that doesn't necessarily make it the case. Maybe we are wrong, maybe we are not as smart as we think we are, etc. Maybe this kid being raised by bigotted fuckwits will grow up to be a fully functional member of society. Maybe they'll mow down a whole block of Harlem with a gleaming, maddened smile. There is no way to know what will happen, and what effect this (horrid) training will do to the child. I think it is safe to say that the child would be better off *not* being taught these insane messages, but does that really mean that I have authority to decide for them? What if a few billion people agree with me, do I have the authority then?

How then can we say that we want there to be laws and guidelines written which give someone else dominion over what is taught to a child? I think this is a terrifying proposition and any law that is passed in this direction will be regretted, muchly.

That's my take.


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marcusfish wrote:I think we

marcusfish wrote:

I think we would be wise to hesitate in giving the state more authority over people than it already has.

While you and I might agree that "harm" is being done to a child, that doesn't necessarily make it the case. Maybe we are wrong, maybe we are not as smart as we think we are, etc. Maybe this kid being raised by bigotted fuckwits will grow up to be a fully functional member of society. Maybe they'll mow down a whole block of Harlem with a gleaming, maddened smile. There is no way to know what will happen, and what effect this (horrid) training will do to the child. I think it is safe to say that the child would be better off *not* being taught these insane messages, but does that really mean that I have authority to decide for them? What if a few billion people agree with me, do I have the authority then?

How then can we say that we want there to be laws and guidelines written which give someone else dominion over what is taught to a child? I think this is a terrifying proposition and any law that is passed in this direction will be regretted, muchly.

That's my take.

I would tend to agree.  I'm not talking about legislating away parents' rights to do what they want to teach their children, though.  I'm not even proposing anything.  I'm asking the questions.  Of course, while we're here on this point, we do proscribe what can't be taught to a child in a limited way.  Encouraging a child to kill someone is illegal.  Inciting a child to hatred, I would think, would be something proscribed by current hate crimes laws (whether you agree with them or not). 

But what, a part from what is currently proscribed constitutes abuse?  Should teaching a child to be a Nazi be included?  Should preventing that child from a blood transfusion be included?  And what about medical treatment?  It seems when it comes to medical issues, parents' rights to children largely end (in Canada, the US and other countries) based on recent court rulings.  The line is being drawn presently and in some ways it exists quite clearly.  So, where does it end or should it end?

BigUniverse wrote,

"Well the things that happen less often are more likely to be the result of the supper natural. A thing like loosing my keys in the morning is not likely supper natural, but finding a thousand dollars or meeting a celebrity might be."


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Yah, sorry, I kind of gave a

Yah, sorry, I kind of gave a non-answer. I start hearing about govt intervention in peoples lives and my general response is to cringe and mentally take note of where the nearest escape hatch is Sticking out tongue

Thomathy wrote:
Of course, while we're here on this point, we do proscribe what can't be taught to a child in a limited way.  Encouraging a child to kill someone is illegal.  Inciting a child to hatred, I would think, would be something proscribed by current hate crimes laws (whether you agree with them or not). 

I should think that if there is not a direct link between teaching a kid something, and some kind of crime being committed, that it'd be really difficult to get me to support taking away a parents right to do so. If there is not some kind of rationally demonstratable link between a certain teaching and a certain behavior, then we are really just guessing. And I'm for people having rights over rules set by the best guess of the masses (the more I meet of them, the less I am inclined to put myself at the mercy of their opinions).

Like JewSlayer mentioned, making rules for or against thoughts or intentions will only lead to really bad things.


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marcusfish wrote:I think we

marcusfish wrote:

I think we would be wise to hesitate in giving the state more authority over people than it already has.

While you and I might agree that "harm" is being done to a child, that doesn't necessarily make it the case. Maybe we are wrong, maybe we are not as smart as we think we are, etc. Maybe this kid being raised by bigotted fuckwits will grow up to be a fully functional member of society.

*Emphasis added*

I agree with you Marcus. That last line especially is important to remember. Some people, even some people on these boards, have been raised by very fundementalist parents, and yet have gone on to be almost the antithesis to their parents in adulthood. The complex workings of human psychology is so much more than simply: bad input from parents = bad output from the child in adulthood. So I believe it is too dangerous to view it as an open and shut cause-effect thing.

marcusfish wrote:
Maybe they'll mow down a whole block of Harlem with a gleaming, maddened smile.

...and of course this is a possibility too, and anyone with a basic understanding of human psychology knows that, complex as it may be, human psychology is a cause-effect thing, just not an open and shut one Eye-wink

What I mean to say is, people don't usually go on a bigotted killing spree in Harlem on a whim. There are reasons for stuff like that, and those reasons will usually, at least partly, be found in the person's upbringing.

But should it be a legislative matter then, to look into wether a particular child needs intervention in their upbringing, or should it simply be society as a whole that takes on that responsibility?

Most civilized countries already have alot of legal tools at their disposal for interveening in disfunctional parent-children relationships, and I would hesitate to expand those tools, for much the same reasons Marcus does.

But I work with children, and I see it as my right to try and effect all of these children with my beliefs and world-view, even if it appears to be counter to what their parents are teaching them. I don't have the power to indoctrinate any of the children I work with, because I don't have the legal rights to isolate these children from influences from other people, so since I am not indoctrinating or brain-washing them, nobody can take away my rights to have a conversation with any child I meet about any subject I see fit.

If society generally fosters a culture of conversation and socialising, maybe people will get over the old-fashioned, and frankly abhorant idea that parents own their children, and that they therefore have the right to isolate their children from other people's opinions.

marcusfish wrote:
There is no way to know what will happen, and what effect this (horrid) training will do to the child. I think it is safe to say that the child would be better off *not* being taught these insane messages, but does that really mean that I have authority to decide for them?

No you don't, and nor should you have, but in a healthy society you should have the right to voice your opinion about the child's upbringing: to the parents, to the child, and to the community at large.

marcusfish wrote:
What if a few billion people agree with me, do I have the authority then?
...and if "the community at large" is a few billion people then you allready have a tremendous "authority" at your disposal and no legislative action should be necesary.

Think of it this way: if you neighbour is indoctrinating their child in a way that leads you to conclude that "it is safe to say that the child would be better off *not* being taught these insane messages" then as you voice this concern to the rest of the neighbourhood, and they agree with you, all of a sudden the child is now surrounded by a community that is aware of their situation, and hopefully feels a moral obligation to do their best to influence the child in a direction where they would be better off.

Their teachers, babysittters, parents of the kids friends, and the neighbours will work to expose the kid to healthier world views, and if the parents of the kid doesn't like this, well then their only option left is to pull the kids out of school, and confine them to house-arrest, which would then constitute legal childabuse.

And even if the parents might legally get away with that, through home-schooling for example, they would still be social parias, and that is alot more of a punishment to the social animal that is homo sapiens than most people care to admit, so very few people would choose that option.

 

Of course, I realize that such a scenerio as I am proposing requires your local community to be a civilized, decent community.

In the Bibel Belt of the U.S. trying to raise your child with healthy, decent, humanist ideals is what's going to make you a social paria, unfortunately, but legaslation would help even less there.

I think we all know how bad it would be if, in trying to aleeviate the broken, immoral, disfunction of fundementalist culture in America, Obama came out tomorrow and declared religious indoctrination illegal.

That would obviously only exacabate the problem, and probably cause a civil war.

 

Social change is the only cure, and unfortunately, it is a slow, and chaotic process.

But it starts by making people realize that they have the right to talk to other people's children about anything they want.

The saying: "It takes a village" (That is: it takes a village to raise a child) is often abused as a neat catchphrase, espically by wide-eyed hippie-feminists, to naively espouse there love for some ill-considered romanticism of primitivism, but the deaper meaning of that saying is none the less true.

And not only is it true, it is also manifestly the case that this is what happens with almost all children, around the world. That is, it is almost impossible to shelter your children from the "village". Even the most fundementalist brain-washing parents let their kids be exposed to other brain-washing fundementalists, like aunts and uncles, the priest from the church, and the fundies next door.

And the more decent humanist ideals become proliferant around the world (and they will, because they are decent and good), the more isolationistic fundemantalism will slip through the fingers of the bigoted parents of the world.

Because in the end, children don't belong to their parents, and they never have done. They have always belonged to the village, and, thankfully, in today's global village, the village is humanity itself.

...That sounded a bit too lofty, and much too naive. I'll rephrase:

I hope, and believe that the expression: "Global Village" will become less and less a fancy catchphrase, and more and more a reality.

marcusfish wrote:
How then can we say that we want there to be laws and guidelines written which give someone else dominion over what is taught to a child?

There shouldn't be laws written about it, because it is counter to a free society, but there are allready laws as to who has "dominion over what is taught to a child".

The laws of nature prescribe that everyone has the ability to teach a child. Children are observers of the world, and they take in and consider everything they are exposed to. That's natural fact. So every child you meet you have a potential influence on. And through freedom of speech you are entitled to use that influence any way you see fit.

As a citizen of a global village I feel entitled to teach anything I want to any child I meet, and I don't give a damn what their parents think.

I only care what the child thinks.

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Well, first off, the

Well, first off, the parents are clearly shitheads.

 

Second, I don't really understand Canadian law all that well. Even so, I find that it is probably a dangerous thing to assert that there are “laws” that have greater authority than constitutional.

 

Granted, I am from America and our focus for constitutional law is largely concerned with the concept of “Natural Law” ie: The law ought to be what the law ought to be. Hence, we already have the idea that the law already embodies some of the basic philosophy that certain things are just so essentially basic that they really ought not to be misunderstood.

 

Even so, given the Westminster point of view, would it be proper for an extra-constitutional authority to be vested fully in the office of your Governor General?

 

Think of this in the terminology of “Prop 8”. I assume that the California Supreme Court are a bunch of really smart people and they came up with the idea that gay marriage should happen. Then a very slight majority of people decided that it ought not to happen. The more recent decision of the California Supreme Court not withstanding, by asserting that what one thinks ought to be a higher law that what the law ought to be, one submits to the “Tyranny of the Majority”.

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To avoid quoting myself there is another side to this coin. In the good old days if a family was screwing up their children the relatives of the parents who lived in the same village, town, or neighborhood of a city would have words with them. If a man insisting upon beating his wife the wife's relatives would be joined by the husband's relatives who would tell him to stop and beat the crap out of him if he did it again. The same for child abuse. There were norms for behavior which were enforced by extended family members. When that started to break down from urbanization neighbors did the same thing. When that broke down police, who were always assigned to the neighborhood where they lived and grew up took over.

Finally we got to modern and "community norms" became court issues not local issues because there was no local community to agree.

So, yes, the state does serve a social function which once did exist and which did prevent gross abuses. We can debate whether or not it is a desirable function but it is one which has always existed as best we can tell. Whether we might be better or worse without it has yet to be tested.

The main problem with social workers is they learn in school. They are book-learning kids. In many cases they are dealing with issues where the police could simply enforce existing laws. No gripe there. It is better to try to solve a problem out of court than with jail time.

In the interesting cases it is a case of kids judging adults. Unmarried kids judging the behavior of parents without the least personal knowledge of a situation.

Worst, which I found once, was a "who the fuck to you think you are to ask me that?" attitude is considered an admission of guilt to their worst imaginings and seeded by future ex-wives and such. (For the record, the court awarded me custody and I was able to testify to sunday school attendence. He survived it.)

First we kill all the lawyers and then the social workers. Our system is not up to the old system it tries to imitate. They do not and can not and are not really interested in gaining and using the detailed knowledge of the people which family and neighbors once supplied.

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Well, first off, the parents are clearly shitheads.

 

Second, I don't really understand Canadian law all that well. Even so, I find that it is probably a dangerous thing to assert that there are “laws” that have greater authority than constitutional.

They are shit heads.  There isn't anything greater in authority than the constitution.  The Charter of Rights and Freedoms is contained within the constitution.  I don't know that there are any laws that do not function within the authority of the constitution.  Such a law would be, I'd think, impossible to pass legislative muster and also wouldn't be allowed by the supreme court.  That's how it came to be in Canada that there was no legislative authority on the part of the government to not include gays in marriage and how any legislation to that effect would be quite illegal, leaving the last government to bring up the issue look like a joke because any real authority in the matter had been taken away as well as the case quite closed.

 

Quote:
Granted, I am from America and our focus for constitutional law is largely concerned with the concept of “Natural Law” ie: The law ought to be what the law ought to be. Hence, we already have the idea that the law already embodies some of the basic philosophy that certain things are just so essentially basic that they really ought not to be misunderstood.

 

Even so, given the Westminster point of view, would it be proper for an extra-constitutional authority to be vested fully in the office of your Governor General?

The Governor General, despite what you may have heard or think, is a figure head with very little more power than as an ambassador who has the ceremonial, but very real, station of being able to dissolve, prorogue and call to order parliament and to call and officiate elections.  Some of even those actions can be seen as overstepping her ceremonial importance, such as when she prorogued parliament last year in order to save the government from what would have been a confidence losing vote and the instillment of an interim coalition government.  That act appeared political and perhaps biased from an office that is usually quite politically sterile.

 

Quote:
Think of this in the terminology of “Prop 8”. I assume that the California Supreme Court are a bunch of really smart people and they came up with the idea that gay marriage should happen. Then a very slight majority of people decided that it ought not to happen. The more recent decision of the California Supreme Court not withstanding, by asserting that what one thinks ought to be a higher law that what the law ought to be, one submits to the “Tyranny of the Majority”.
As far as I understand it, that's legal because of a technicality (read: loophole) within that state constitution wherein if no effective amendment to the constitution is being made, a referendum can pass law.  Not sure what you mean to ilustrate in relation to Canadian constitutional law, though.

BigUniverse wrote,

"Well the things that happen less often are more likely to be the result of the supper natural. A thing like loosing my keys in the morning is not likely supper natural, but finding a thousand dollars or meeting a celebrity might be."


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There isnt a country in the

There isnt a country in the world where the ultimate care of a child isnt with the state. In most cases the state leaves the parents to get on with it but if they abuse the child as defined by society via  the courts the state will intervene.

Even the US doesnt allow parents to kill or allow to kill their kids in the name of their religion. Of course the state/social workers get it wrong but I sure wouldnt want to live in a country where that option didnt exist.

Discussion in the UK at the moment on whether MMR vaccines should be compulsory for any kid going to school. It's a difficult one (not on science grounds) but on who is ultimately in charge of the health care of kids, the parents or doctors.

Me I believe in most cases specialist decisions need to be made by specialists, ie parents don't become doctors merely due to reproducing