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Melissa Moschella, Natural Law, Parental Rights and Education Policy, The American Journal of Jurisprudence, Volume 59, Issue 2, December 2014, Pages 197–227, https://doi.org/10.1093/ajj/auu010
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Abstract
This article argues that the parent-child relationship is the source of special obligations on the part of parents to direct the education and upbringing of their children. These special obligations correspond to the specific needs of children, and are the basis of parents' authority and the right to exercise that authority in accordance with the dictates of their consciences, relatively free from coercive state interference except in cases of abuse and neglect. Since parental authority is based on parental obligations, which in turn are based on the needs of children, protection of parental authority is also, by and large, the best way to protect the rights of children. Through an analysis of Wisconsin v. Yoder and in dialogue with liberal theorists, the article also explains why robust protection of parental rights is compatible with recognition of the state's interests in educating future citizens and in fostering the well-being of children.