Right to parental control

[Jonathan Buhacoff]

The proposed right:

No government or person may force or cause another person to reproduce without their consent. No person shall be deprived of 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.

Important clarifications:

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.

The right to parental control protects a person from being forced to reproduce, and protects the ability of parents to make the best choices they can for their children. This is distinct from reproductive liberties which are focused on a person’s choice to have children.

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. See the rape section for further discussion.

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. This merely means that no person shall deny another person the use of contraceptives, and does not create any obligation to provide such contraceptives. 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.

Parental responsibility

If a female becomes pregnant and chooses to keep the baby, the male is obligated to care for the female during pregnancy and the offspring after pregnancy, at least financially, and would share the right to parental control with the female.

Rape

If a mother gives birth to a child that was conceived from a rape of the mother, the mother may choose to keep the child with sole custody or to be absolved of all legal and financial responsibility for the child by placing the baby for adoption. If the mother chooses adoption, 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.

If a mother gives birth to a child that was conceived from a rape of the father, the father may choose to keep the child with sole custody, or the father may choose to be absolved of all legal and financial responsibility for the child by placing the baby for adoption. In case of adoption, the rapist mother 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 mother 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.

Comparison with the United States:

See this proposed law in Ohio:
https://www.legislature.ohio.gov/legislation/135/hb8

Comparison with the United Nations:

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 and Parent Choice in Education.

Other references

Parenthood and Procreation topics at Standford Encyclopedia of Philosophy

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