Parens patria is the legal maxim that refers to the doctrine that provides states the inherent authority to provide protection to persons who are legally unable to act on their capacity. The destitute children are, in fact, considered to be children of the state that makes the state the primary authority in promoting their welfare. While parents have the major authority in providing protection and care for their children, the state can invoke the doctrine of parens patria in order to extend protection against child abuse. Children are often viewed more as a parental property. However, the state will always have a legitimate interest in promoting children’s welfare, especially against child abuse. The rights of the parents have limits, and the state has the authority to intervene in promoting the child’s best interest, especially when family members maltreat children with no one else to protect them. The Children Act of 1989 invokes the state responsibilities in promoting children’s rights through the state paternalism and child protection and the children’s rights and the child liberation provisions among many others. The Act provides provisions that give authority to the state to intervene on the child’s family life when the same is detrimental to the child’s welfare (Lawrence, 2004). The protection accorded to children against child abuse extends to include even the child’s family member. When parents are incapable of promoting the child’s welfare, a guardian ad litem may be appointed at the court’s discretion. According to Wilson and James (2007), a guardian ad litem is a designated person by the court to safeguard the child’s interest. Children’s rights are becoming a state priority and the approach is becoming more liberal to include as considerations the child’s feelings and preferences. The process encourages the self-determination of the child about the situation and likewise educating children about their rights, especially against child abuse, and understanding about their best interest that the state seeks to promote.
References:
Lawrence, A. 2004. Principles of Child Protection. England: McGraw-Hill.
Wilson, K. and James, A.L. 2007. The Child Protection Handbook: The Practitioner’s Guide to Safeguarding Children. China: Elsevier.
