Protection of a Minor in the Family Unit.

A previous post first published on this site in April 2009 entitled “A Marriage Contract for the 21st Century” explored the background to the choices couples make upon entering into cohabitation. The subject raises a secondary issue, namely while formalising cohabitation with a contract offers protection for adults able to decide upon and enter into such a contract, the position of a child in its early years from first becoming part of a family unit up to the age of majority and adulthood is often not adequately recognised. On the issue of child rearing the developed world is on the point of exiting the world of self-taught parenting and, with the complexity of modern society, the formalising of the position of the child in its own right in society would be beneficial. Given that the state exists to manage and satisfy the civil rights of the citizen, rather than the citizen being subject to the needs of the state, some clarification is necessary; in a civilised society children, as of right, are entitled to have a range of primary “rights” bestowed on them at the time of birth. In this context a child is not merely an extension of its parents; birthrights that are due to the child as a new citizen of the state are not necessarily by virtue of the child’s parentage. Citizenship which the state automatically confers on the child at the time of birth also includes rights of entitlements and obligations, with further rights of entitlements and obligations as a citizen added as the child reaches mature age and the advent of personal responsibility as an adult begins. An arrangement whereby the minimum rights of the citizen are itemized in the form of a formal document as a “Charter of Citizen Rights”, to complement a birth registration certificate and identification document created upon the birth of a child, would bestow nationality, outline the entitlements of being a citizen, the obligations the citizen owes the state and would foster citizenship when adulthood is reached. Such birth documentation, placed in the care of parents until the age of majority of the child is reached, while outlining the immediate primary rights of the child would also serve as an “aide memoire” of citizen rights for the parents. Various nations already issue documentation of various sorts at the time of registering a birth with emphasis on differing factors relative to the nation concerned; however progress globally towards an affirmation of the accepted basic rights of a citizen would aid national and international security, simplify the movements of citizens between nations and establish for the individual the range of basic human rights entitlements in detail, where many only have a vague understanding of the issues involved. As an individual right to protection under the law, access to medical care, education, and as a citizen, rights of equality are fundamental to a stable community. Such a “Charter of Rights” should equally form the basis of the naturalisation documentation under which all prospective migrants would be accepted into the community. Automatic rights of access to medical care, education and rights of equality require no explanation as such elemental rights should be a major objective of the administration of all states and there should be no disagreement with such aims. However sadly this is not always the case in the area of the protection of a child under the law. Family units in many modern societies are not made up the standard nuclear family of parents and offspring. Many nations are experiencing a decline in the formal registration of marital unions within their communities resulting in single parent units; such a development is possibly a harbinger of a future characteristic of their societies which should receive formal recognition and, while having due regard for the requirements of the community should be absorbed seamlessly into the fabric of the society. Without the assistance of an extended family a single parent requires all the assistance available in the care of a child and a case could be made for a child registered by the mother as a single parent automatically placed under the active guardianship and protection of the state in the absence of the registration of the father. Such an action may appear to be a draconian measure however in practice most children within a single parent unit with the support of a responsible extended family would not be affected; but more importantly the vulnerable would be reached. It is in the interests of the child, the parent and the state that a future adult citizen should receive all applicable benefits and opportunities. The collaborative action of multiple relevant agencies for childhood advice and guidance at the mother’s disposal could lead to a sense of belonging for the child, educational support and advice sometimes lacking in a single parent unit along with the prospect of a positive role model for the child, while there would be less chance of a vulnerable child at risk being neglected and ultimately failing to achieve its true potential.