Prospective Parents and the Children's Rights Convention

45 Pages Posted: 18 Jun 2009 Last revised: 9 Jun 2010

See all articles by Carter Dillard

Carter Dillard

Uehiro Centre, University of Oxford ; University of Oxford - Oxford Uehiro Centre for Practical Ethics

Date Written: June 17, 2009

Abstract

This Article addresses the novel question of whether states parties can successfully implement the Children’s Rights Convention by placing legal obligations on prospective parents, thereby influencing not just a child’s environment, but also the procreation of that child. First, the Article takes a unique version of the child-centered perspective, one that recognizes that as we move back in time in the direction of and even before a child’s birth, our obligations to the child grow because our actions become ever more influential. The perspective also takes into account current moral theories of parental obligation to prospective children. The Article then interprets the Convention from this perspective, exploring whether it requires states to pursue policies that heighten prospective parents’ perceptions of the duties they owe their prospective children before having them.

If the Convention represents a sea change in the international legal community’s thinking about the relationship between children and adults, it has also inadvertently initiated another sea change: altering the traditional relationship between prospective parents and their prospective children, and with it the right to procreate.

Keywords: international law, public international law, children's rights convention, children's rights, CRC, reproductive rights, procreation, right to procreate, child welfare

Suggested Citation

Dillard, Carter, Prospective Parents and the Children's Rights Convention (June 17, 2009). American University International Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1421566

Carter Dillard (Contact Author)

Uehiro Centre, University of Oxford ( email )

Suite 8, Littlegate House
16/17 St Ebbe's Street
Oxford, OX1 1PT
United Kingdom

University of Oxford - Oxford Uehiro Centre for Practical Ethics ( email )

Suite 8, Littlegate House
St Ebbes Street
Oxford, OX1 1PT
United Kingdom

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