Right to parental control

[Jonathan Buhacoff]

No government or person may force another person to reproduce, nor deny access to contraceptives. A person who is a parent or guardian of a child has the right to raise that child in the best way they see fit, but no person including the parent or guardian shall talk or act in a way that causes harm to the child.

For the purpose of this discussion, “harm” is something lasting long-term that requires mental health or physical therapy or is irreparable. Merely making a child upset, including crying, does not constitute a harm.

This right needs to be rephrased for improved clarity.

The first limitation on the right of parental control is already mentioned above, which is that parents cannot use that right to harm or abuse the child.

The second limitation on the right of parental control is that rapists don’t have this right over their non-consensual offspring. For example, if a mother gives birth to a child that was conceived from rape, the mother may choose to place the baby for adoption and the rapist father does not have a right to keep the child nor to stop the adoption placement nor to learn the identity of the adoptive parents, in order to prevent the rapist father from further interfering in the child’s life.

The right to parental control includes the concept of the “rape exception” to abortion bans. Without this right, a rapist male can impregnate one or more females, forcing them to care for his offspring for the rest of their lives. With this right, each of those females can choose to terminate the pregnancy, eliminating at least the benefit of offspring to a rapist. The right to dignity prohibits the rape itself. The right to parental control ensures that rape victims have a choice of whether to terminate the pregnancy, place the baby for adoption, or keep and raise the baby.

Being a good parent is a lot of effort and dedication over many years and therefore the right of parental control starts with the choice of becoming a parent. The right to parental control includes the right to use contraceptive before, during, or after intercourse to prevent a pregnancy. The right to use a contraceptive applies only to one’s own body, not to that of their partner, but the right to consent ensures each person has the right to refuse intercourse with a partner who won’t use a contraceptive.

However, if a female becomes pregnant and has not been accused and convicted of rape, and the female chooses to keep the baby, the male is obligated to care for the female during pregnancy and the offspring after pregnancy, at least financially. A male can only be absolved of parental and financial responsibilities when the female has raped the male and chooses to continue the pregnancy. The female cannot really choose to keep the baby in that case because the female would be imprisoned for the rape and the baby would have to be placed elsewhere.

Article 16.3 of the United Nations Universal Declaration of Human Rights states “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.” The right of parental control is an important way that society and government protect the family.

Article 26.3 of the Untied Nations Universal Declaration of Human Rights states “Parents have a prior right to choose the kind of education that shall be given to their children.” This is covered by the right to parental control. However, all education options must cover the basics in accordance with societal standards. See also right to education.

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