In the modern State, the following ideas as to parental authority
are generally prevalent. Parental authority involves duties as well
as rights. Our laws give rights to parents only in order to enable
them to fulfil their duties. They are, in a sense, plenipotentiaries
of the State, entrusted with the duty of bringing up their children
in a state of bodily, mental, and moral health, and of ensuring that
these children shall develop in such a way that they will be useful
to society. To enable them to attain these ends, parents are endowed
with certain rights. Just as, in the matter of public education, the
State enforces upon the child a minimum of school attendance, even
against the wishes of the parents, so also, in the general upbringing
of children, the State enforces a certain standard, with which all
parents have to comply.
_The Elementary Principles of State Interference with Parental
Authority._ (_The State as “Over-Parent.”_)--The modern State
interferes with parental authority in accordance with the following
principles. It is impossible for the State to supervise in detail the
domestic life of millions of families, or to examine the soundness of
the upbringing which millions of parents provide for their children.
For these reasons, the State can intervene only in cases in which
the conviction arises that by the conduct of the parents the mental
or physical well-being of the child has been endangered, and thereby
the interest of the State seriously threatened. If one endowed with
parental authority has disturbed the natural foundations of that
authority by criminal offences or immoral conduct, and has thus shown
himself unworthy of the confidence exhibited in him by the State
which has hitherto permitted him to exercise parental authority, the
State is fully justified in depriving him of his delegated powers. In
its own interest, in such cases, the State is compelled to withdraw
the parental authority wholly or partially, and even to order that
the child shall be removed from its parents’ house, to be brought
up in a suitable family, in a reformatory school, or in some other
institution (_Zwangserzichung_, _Fürsorgeerzichung_).
The legislator is not in a position to define in precise terms
the cases in which parental authority should be withdrawn, or the
child transferred to other guardianship than that of the parents;
it must suffice to explain the general principles which the Boards
of Guardianship (see note on last page) have to apply at their own
discretion.
Public-domain text, read in full here on John Shaqi.
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