Parental Responsibility

The causes at the core of juvenile delinquency, abusive families, and child neglect are not necessarily the kind of problems that can be solved by the leverage of criminal or civil sanctions. In instances where parents are absent or neglectful, deep social problems are often the cause. Problems such as alcoholism, poverty, poor education, poor health care, and family histories of abuse can lock a family into a cycle of problems that continue to perpetuate behaviours others might view as irresponsible. There is a danger that the proposed sanctions will make families trapped in such problems afraid to seek help from social services for fear of punishment.

While generally true, there are instances where the influence of parents over a child’s life is probably not realistic. Some children run away from home or forcibly separate themselves from their parents on their own accord. On occasion, juveniles commit crimes so heinous, and so unexpected, that no reasonable person would think that the parents were ultimately responsible. There are also significant differences between cultures as to what age constitutes ‘adulthood’. While many western countries consider an 18-year-old an adult, other cultures see the onset of adulthood as being much earlier. The arrival of adulthood can also be regarded as a continuum of increasing responsibility, as in many countries the age of majority varies, with differing ages set for leaving school, having sex, getting married without parental permission, joining the armed forces, driving, drinking, voting and standing for public office. Thus, multinational or global accords on parental responsibility or children’s rights are potentially problematic.

This argument stems from two flawed assumptions: first, that parents from separated or divorced families cannot act responsibly, and second, that doing ‘the right thing’, necessarily equates with positive family values. A parent may play a very active role in the lives of their children, yet still have a horrible marriage or be mentally or physically abusive to the children. A parent who is not married to a child’s other parent may still play an active and valuable role in the life of the child they conceived, even if they do not live in the same home.

Decades of legal experience in countries that order child support from separated or divorced parents have demonstrated that parents who want to sever ties (financial or otherwise) can do so, either by defaulting on payments or hiding from the law. These laws may even have a reverse effect by fostering resentment toward the child or other parent on the part of the parent compelled to provide support. Child support orders may also harm any subsequent children an estranged parent may have by impoverishing a second family in favour of the first.

Children prone to engage in acts of serious juvenile delinquency are rarely interested in the feelings of or effects on parents. In fact, the worst juvenile delinquents are probably more likely to act out if they believe, first, that the action will result in harm to parents they seek to rebel against, and second, that their parents will be held responsible in place of them.