About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

19 Cumb. L. Rev. 585 (1988-1989)
When Rights Clash: The Conflict between a Parent's Right to Free Exercise of Religion versus His Child's Right to Life

handle is hein.journals/cumlr19 and id is 603 raw text is: WHEN RIGHTS CLASH: THE CONFLICT BETWEEN A PARENT'S RIGHT TO FREE EXERCISE OF RELIGION VERSUS HIS CHILD'S RIGHT TO LIFE INTRODUCTION Recent news articles report that ill children have died when their parents chose for them prayer treatment over medical treatment.' Standing alone, these cases would seem tragic but infrequent. However, reports of child abuse and neglect have attracted nationwide attention; statistics reveal that child abuse has increased dramatically within the last decade.2 Alerted by these statistics, Congress studied child abuse reports and concluded that rising child mortality rates signal a crisis in the United States.3 To combat this prob- lem, new federal legislation emphasizes prevention of child abuse.4 I Dobbin, When a State Takes Aim at Faith Healing, U.S. NEWS & WORLD REP., Mar. 24, 1986, at 22; Talbot, Spiritual Healing: Still in Court After Eight Decades, L.A. Times, May 1, 1988, at 3, col. 4; Lewin, Christian Science vs. Medical Science: When It's One Absolute Right Against Another, N.Y. Times, Mar. 29, 1988, § 4, at E18, col. 1; Shaw, Children are Suffering as Faith Healers Hide Behind Religious-Exemption Shield, L.A. Times, Mar. 23, 1988, § II, at 7, col. 1. Statistics on child deaths from treatable illnesses where parents relied on faith healing alone are not readily available; a lack of centralized data on child deaths has prompted Congress to establish a national clearinghouse for such data. See 42 U.S.C.A. § 5104 (West Supp. 1989). This clearinghouse, the National Center on Child Abuse and Neglect, was established in 1988 by Pub. L. 100-294, the Child Abuse Prevention, Adoption, and Family Services Act of 1988. Id. Congress hopes that the availability of uniform data on youth deaths will dispel the notion that these deaths are merely isolated incidents and will enable officials to coordinate pro- grams more effectively. 133 CONG. REC. S 11,718 (daily ed. Aug. 7, 1987) (statement of Sen. Dodd). For a more detailed discussion of preventing child abuse and neglect, see infra notes 36-45 and accompanying text. 2 Egan, Child Abuse Cases Draw New Attention, N.Y. Times, Jan. 1, 1988, at 5, col. 1; Reports of Child Abuse Rise 55r, Study Says, N.Y. Times, Mar. 5, 1987, at A17, col. 1; Abused-Child Deaths Up 291 in Reports of 24 Statesfor '86, N.Y. Times,Jan. 27, 1987, at A15, col. 6; see also Rosenthal, The New Class of Americans: Crisis of the Very Young and Poor, N.Y. Times, Apr. 30, 1987, at A31, col. 1. 3 133 CONG. REC. S 11,718 (daily ed. Aug. 7, 1987) (statement of Sen. Dodd). 4 See 42 U.S.C.A. §§ 5101-5107 (West Supp. 1989). When the bill containing the Child Abuse Prevention, Adoption, and Family Services Act of 1988 was introduced, it was intended that a majority of the grants go to research and programs aimed at prevention. 133 CONG. REC. S 11,718-19 (daily ed. Aug. 7, 1987) (statement of Sen. Dodd). Prevention has been emphasized in terms of intervening between parent and child while there is still time to save the child's life. One commentator argues that civil liability for the religious leaders might also serve as a preventative measure because

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most