“Parental responsibility” means different things in different contexts. Most countries have laws making parents or anyone biologically con- nected to a child responsible for the child’s welfare. But in some countries, such the United States and Canada, state and local authorities have gone further. In an effort to stop the rise of juvenile crime, they have taken the more debatable step of holding parents legally respon- sible for the actions of their children.
PROS
Legal requirements for parental action, particularly those that include sanctions for nonaction, provide an incen- tive for parents to act responsibly. If parents are liable for their inaction or the inappropriate actions of their children, they are more likely to make sure their children are supervised and well cared for.
Minor children should not be held legally accountable for their actions nor should they be obligated to provide for themselves until they have reached the age of major- ity. Governments have established laws drawing distinc- tions between adults and juveniles for a reason. These governments believe that juveniles make mistakes and are not necessarily mature enough to be fully respon- sible for or completely aware of the consequences of their actions. Parents, and the community at large have a responsibility to raise children to act appropriately in society. If society or more specifically parents fail in the task, it is not reasonable for the children to be charged with sole responsibility for their acts.
CONS
The causes at the core of juvenile delinquency, abusive families and child neglect are not necessarily the kind of problems that can be solved by the leverage of criminal or civil sanctions. In instances where parents are absent or neglectful, deep social problems are often the cause. Problems such as alcoholism, poverty, poor education, poor health and poor health care, and family histories of abuse can lock a family into a negative cycle that con- tinues to perpetuate behaviors that others might view as irresponsible. There is a danger that the proposed sanc- tions will make families trapped in such problems afraid to seek help from social services for fear of punishment. While generally true, there are instances where the amount of influence of parents over a child’s life is neg- ligible. Some children run away from home or forcibly separate themselves from their parents of their own accord. On occasion, juveniles commit crimes so hei- nous, and so unexpected, that no reasonable person would think that the parents were ultimately responsible. There are also significant differences between cultures as to what age constitutes “adulthood.” The age of major- ity varies significantly among the nations of the world. While many Western countries consider an 18-year-old an adult, other cultures see the beginnings of adulthood in the early teenage years. Adulthood can also be seen as a phased-in process—a continuum of increasing respon- sibility, with driving, leaving school, voting, drinking, having sex, getting married without parental permission, joining the armed forces, and standing for public office considered as milestones. Thus, multinational or global Web Links:
• closedadoption.com. <http://www.closedadoption.com/> Article in support of closed adoption.
• FindLaw. <http://family.findlaw.com/adoption/adoption-types/open-adoption-comparison.html> Discussion of pros and cons of open and closed adoption.
• open-adoptions.net. <http://www.open-adoptions.net/> Article in support of open adoption.
12|The Debatabase Book
Laws that enshrine parental responsibility improve family life. As parents are encouraged to take responsi- bility for their children, and such responsibility becomes a cultural norm, families will develop closer bonds, mar- riages will become stronger, and the problems of broken families will decrease.
Parental responsibility laws help compel parents who are delinquent in their support of a child to become involved—at least on a financial level. This can also discourage irresponsible men from indulging in promis- cuous and reckless sexual behavior, and thus possibly fathering a number of children by different mothers.
Children are less likely to engage in acts of delinquency if they feel that their parents are likely to be held legally responsible for their actions.
accords on parental responsibility or children’s rights are potentially problematic.
This argument stems from two flawed assumptions: first, that parents who are separated or divorced cannot act responsibly and, second, that doing “the right thing” necessarily equates with positive family values. A parent may play a very active role in the lives of her or his chil- dren, yet still have a horrible marriage or mentally or physically abuse the children. A parent who is not mar- ried to a child’s other parent may still play an active and valuable role in the life of the child, even if the parents do not live in the same home.
Decades of legal experience in countries that order child support from separated or divorced parents have demon- strated that parents who want to sever ties (financial or otherwise) can do so, either by defaulting on payments or hiding from the law. These laws may even have a negative effect by fostering resentment toward the child or other parent within the parent compelled to provide support. Child support orders may also harm any subse- quent children an estranged parent may have by impov- erishing a second family in favor of the first.
Children prone to engage in acts of serious juvenile delin- quency are rarely interested in the feelings of or effects of their actions on parents. In fact, the worst juvenile delinquents are probably more likely to act out if they believe, first, that the action will result in harm to the parents they seek to rebel against and, second, that their parents will be held responsible in place of them.
PROS CONS
Sample Motions:
This House believes parents should be held criminally liable for the illegal activities of their children. This House believes parents should be held civilly liable for the illegal activities of their children.
This House believes that, on balance, parents are more responsible for the actions of children than the children are themselves. This House believes an international convention on child welfare should be adopted.
Web Links:
• The Great Young Offenders Act Debate. <http://www.lawyers.ca/tgyad/debates/sep2000.htm> Online debate over the Ontario, Canada, Parental Responsibility Act.
• National Conference of (U.S.) State Legislatures. <http://www.ncsl.org/programs/press/schoolviolence/LEGIS73.htm> Over- view of parental responsibility in juvenile justice.
• Office of Juvenile Justice and Delinquency Prevention. <http://ojjdp.ncjrs.org/pubs/reform/ch2_d.html> Site summarizes pa- rental responsibility laws in the United States.
Further Reading:
Bainham, Andrew, et al. What Is a Parent?: A Socio-Legal Analysis. International Specialized Book Services, 1999. van Bueren, Geraldine, ed. International Documents on Children. Martinus Nijhoff, 1998.