PARENTAL DUTIES OF NON-DISCRIMINATION AND THE SCOPE OF ANTI-DISCRIMINATION LAW

Parents’ discrimination against their children is lawful. But the family, as an institution in which social goods are allocated, is as significant as the sites in which anti-discrimination law operates. At least prima facie, therefore, parents should be governed by legal prohibitions on discriminati...

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Bibliographic Details
Published in:Cambridge law journal 2024-07, Vol.83 (2), p.274-300
Main Authors: Campbell, Colin, Emerton, Patrick
Format: Article
Language:English
Subjects:
Antidiscrimination
Autonomy
Children
Children's rights
Decision making
Discrimination
Equality
Families
Families & family life
Law and legislation
Legal status, laws, etc
Multiculturalism & pluralism
Parent and child
Parent-child relations
Parents
Parents & parenting
Spheres
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Summary:Parents’ discrimination against their children is lawful. But the family, as an institution in which social goods are allocated, is as significant as the sites in which anti-discrimination law operates. At least prima facie, therefore, parents should be governed by legal prohibitions on discrimination. While state incursion into family life poses a threat to children’s autonomy, so does parental discrimination against children. Anti-discrimination law therefore needs new institutions to promote the values of non-discrimination in a part of society that currently sits outside anti-discrimination law’s reach. We identify existing regimes that may provide a starting point for this work.
ISSN:0008-1973
1469-2139
DOI:10.1017/S0008197324000242