{"title":"PARENTAL DUTIES OF NON-DISCRIMINATION AND THE SCOPE OF ANTI-DISCRIMINATION LAW","authors":"Colin Campbell, Patrick Emerton","doi":"10.1017/s0008197324000242","DOIUrl":null,"url":null,"abstract":"<p>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.</p>","PeriodicalId":501295,"journal":{"name":"The Cambridge Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2024-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Cambridge Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/s0008197324000242","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
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.