The evolution of parental rights: from absolute authority to the protection of the child's best interests
This article explores the evolution of parental rights, examining the historical and legal transformations that have shaped parent-child relationships. Parental rights, an ancient legal institution, reflect the deep natural and social roots observed in the animal world, where hierarchical structures serve the purpose of raising and caring for offspring. Over time, the parent-child relationship was hierarchical, with parents initially having absolute control over children due to their inability to act independently. As society evolved, parental rights underwent significant changes, transitioning from absolute parental control to a modern form influenced by international regulations that emphasize the best interests of the child. Parental authority has shifted from a natural position to a set of negotiable and regulated rights and responsibilities, growing as a dimension of human rights. The article also highlights the theoretical and practical ambiguities of parental rights in the context of social transformations and technological progress. It analyzes how contemporary philosophy and legislation have addressed these rights, including biological perspectives, the best interests of the child, and social agreements. In conclusion, the article argues that parental rights entail not only privileges but also essential duties for the protection and development of minors. Modern legislation emphasizes parental responsibilities more than their rights, with stricter control over how these rights are exercised. This shift reflects a deeper understanding of the sociological and psychological needs of children and the state's responsibility to ensure their protection and well-being.
Authors
- Tatiana Focșa (ORCID: https://orcid.org/0000-0002-6349-4170)
Publication Details
- Published
- 2024-10-01
- DOI
- https://doi.org/10.54481/pcss2023.30
- Primary Topic
- Family Dynamics and Relationships
- Type
- article
- Field-Weighted Citation Impact
- 0.00