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Search TAG: parental rights

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Human Rights

The biblical and historical basis for parental rights
Christian education

What the Charter says about private schooling

This first appeared in the September 2014 issue. **** Parents who don’t want to send their children to public schools can be thankful for the Cana...
News

SK Premier to use “notwithstanding clause” to uphold parental authority
Christian education

Christian education as violation of children’s “human rights”
The Rest
News

Whose children are they?

Many parents don’t realize the radical and harmful governance shift in “parent-child-State” relationships taking place over the past decade. Here in Alberta, for example, successive governments have declared they know better than parents what is in their children’s sexuality and gender development best interest. Since 2015, Alberta Education has said its 733,000 students have the right to join so-called “Gay-Straight Alliance clubs,” as well as declare a sexual orientation or gender identity starting at age five, independent of parental knowledge and consent. Harmful impacts In Tom Blackwell’s January 5, 2023, National Post article “Some parents object as Canadian schools quietly aid students’ gender transition,” he showed where this can go:  “When a student in a Calgary Grade 6 class came out as transgender this year, the teacher made one thing clear to the other pupils: they mustn’t let slip their classmate’s new gender identity to her parents. The couple was not yet aware of the change...It’s just one way the education system has become intimately involved in the transgender process, affecting an exponentially growing number of young Canadians. Schools accept name and pronoun preferences, provide gender-neutral washrooms and teach from a young age about gender identity. In some cases, they can even refer students directly to gender-treatment clinics.” Parents have the right to know who is influencing their children’s sexual/gender development, where and when this is happening, and what their children are being told and doing while at school. Parents should be alarmed that young children are encouraged by the State to make life-altering sexuality and gender “identity” decisions without the knowledge and consent of their parents. These children are at risk of jeopardizing their future by making declarations and associations they do not have the maturity to contemplate fully, nor understand the long-term ramifications. Disenfranchising parents In addition to secret Gay-Straight Alliance (GSA) club membership, the Alberta governance assault on the traditional family (parents and children) has the following legal/policy characteristics: Students starting from age five can change their name at school and wear whatever gender-expressive clothes they wish without their parents’ knowledge or approval All school staff is authorized to deceive parents regarding their son or daughter’s involvement in a GSA club and their self-identification declarations, thus sending the message to students that parents shouldn’t be trusted in sexuality and gender matters, the State knows best The GSA clubs are connected to an adult-run, unaccountable GSA Network which is further associated with activist agencies also not responsible to the State Note that these laws have been affirmed by three successive governments: PC, NDP, and UCP. Conclusion We know that God gave us families to raise children, and charged children in the Fifth Commandment to obey their parents. It is vital that the State doesn’t undermine them. As Paul counsels in Ephesians 6:1-4: “Children, obey your parents in the Lord, for this is right. Honor your father and your mother (which is the first commandment with a promise), so that it may turn out well for you, and that you may live long on the earth. Fathers, do not provoke your children to anger, but bring them up in the discipline and instruction of the Lord.” We need to be able to fulfill this call, so the State must be pushed back. Carman Bradley is the founder of Parental Consent Alberta (ParentalConsentAlberta.ca) where our Alberta readers can find out more about what his group is trying to do – including a petition initiative – to protect children by empowering their parents. ...

Human Rights, Parenting, Politics

How mom and dad can fight Big Brother

Governments in BC, Alberta and elsewhere have shown they want to use government schools to teach children that their gender is something they can choose. But gender isn’t a choice, and to teach impressionable children otherwise is to mislead them. Still, despite many parental objections, governments continue to move forward with these plans. It's important we understand, then, that this isn’t the first time a government has tried to override parental rights in education. Politicians and bureaucrats in various jurisdictions seem to be regularly devising new ways to thwart the freedom of parents to direct the education of their children. These government have the backing of intellectuals who produce academic materials arguing that parental rights in education need to be severely curtailed or even abolished. These intellectuals aim to persuade lawyers and judges that parental rights are unnecessary and no longer need to be recognized in law. Thankfully, not all intellectuals think that way. In recent years, a law professor named Stephen Gilles at Quinnipiac University in Connecticut has written a number of scholarly articles defending parental rights in education over against statist arguments. “Statist” here refers to the belief in the supremacy of the government – the State – over individual and family freedom. Arguments and counter arguments One of Professor Gilles’ most famous scholarly articles is entitled “Hey, Christians, Leave Your Kids Alone!” which was published in the Spring 1999 issue of Constitutional Commentary, an American law journal. In it he took on the Statist arguments of another law professor, James Dwyer, that Dwyer proposed in his Religious Schools v. Children's Rights. ATTACK #1: Parents harm their children What Dwyer argued was that religious education is harmful and damaging to children and therefore the government needs to protect children from the harm their parents will impose on them through a religious education. In short, Dwyer sees parental rights as an obstacle that must be eliminated to ensure the wellbeing of children. This differs only in degree, but not in kind, with what provincial governments have sought to do via their school systems. In BC the school curriculum was rewritten to promote homosexuality and parents were limited as to whether they could opt their children out of these classes. In Alberta and Manitoba the government wants to use the schools to promote transgenderism, over against our objections. And in Quebec the government wants schools to teach the equal validity of many religions, which is the very opposite of what we as parents want to teach our children. Our secular governments thinks they knows best. ANSWER: No, Parents know their children best But if our governments think like Dwyer, we have a friend in Professor Gilles. He completely rejects Dwyer’s statist perspective and demonstrates that following Dwyer’s proposals would, in fact, be positively harmful to children. Why? Because parents have a much better grasp of what their children need than government officials, so transferring decision-making power to those government officials would undermine the children’s well-being. ATTACK #2: Government knows best Dwyer’s statist thinking gives us a glimpse of where our government may be heading in the future. Dwyer provides a theoretical foundation for the use of government coercion against conservative Christians, an idea that is popular among some left-wing intellectuals. As Gilles explains, …many law professors see religious traditionalists – especially Christian Fundamentalists – as extremists whose beliefs and practices are irrational, without value, and positively dangerous to themselves and others. The dispositions these opinions induce are not limited to preventing religious traditionalists from gaining government power; they also include using government power to counter and undermine religious traditionalism as a movement. ANSWER: Parents know best In contrast Gilles wants to promote what he calls “parentalism,” which maximizes parental rights. This view has not just the Bible but history behind it. In the past, in the Anglo-American countries (of which Canada is one), it has always been assumed that parents act in the best interests of their children. Gilles calls this the “parentalist presumption” which he summarizes as follows: the state may not override a parental decision unless it overcomes the presumption and demonstrates that the parents' choice is in fact harmful to the child. ATTACK #3: Some parents are lousy Naturally, then, the next question is to determine what constitutes “harm” such that the parentalist presumption can be overcome. Gilles answers this way: If parents starve or brutalize their child, or prevent the child from acquiring foundational skills such as reading, writing, and calculating, there is consensus that they are doing harm, and state intervention is entirely appropriate. From time to time there are instances where the government may legitimately need to take action to protect children. While God calls on parents to care for their children, He also gives the State the power to administer justice, so when parents neglect their children the State does have the jurisdiction to step in. Most people would agree that children who are being starved, or tortured, or deliberately prevented from acquiring literacy and numeracy skills by their parents would need help. However, outside of these extremely rare occurrences families should be left alone by the government. ANSWER: The government always makes a lousy parent Now, parents are imperfect. We all fail to one degree or another. That leaves an opening for opponents of parental rights to point to these instances of parental failure and use them to justify increased government control over children. But Gilles points out that this line of reasoning is faulty: The relevant question is not whether robust parental rights are perfect when measured by the yardstick of children's best interests, but whether they are superior to alternative regimes that give the state more control over children's upbringing. To this question, the longstanding answer of our legal tradition has been that state authority over childrearing is more to be feared than comparable authority in the hands of parents. Parents make mistakes…but they are far better than a “government as parent” alternative. Of course, that’s the very point that Dwyer, and others of his ilk, will dispute. He argues that the government is much better suited to determine what is best for children. Therefore the government, rather than parents, should have ultimate control over education. So what answer does Gilles give? The flaw in this approach is its blithe assumption that state agencies, and above all courts, will expertly and disinterestedly pursue the best interests of children. A moment's reflection will show that courts are neither as well-placed as parents to discern the child's best interests nor as interested in ensuring that the child's welfare is in fact advanced. Unlike parents, judges will never have the time or the day-to-day contact necessary to acquire an intimate understanding of the procession of children who would come before them. Nor will they have to live with the many-faceted ramifications of their childrearing decisions. God has crafted a wonderful way to raise children that the government simply won’t be able to improve on. Parents have much more at stake in the well-being of their children than any employee of the government. Parents know their children much better and will have to endure the consequences of any bad decisions they make. In other words, the incentive for parents to watch out for the best interests of their children is infinitely higher than any social worker, teacher, or judge. That’s why it is absurd to suggest that these public employees are better at determining the best interests of the children. Nevertheless, theorists like Dwyer write as though teachers and judges are best suited to determine what’s good for children. Really? Gilles will have none of it: I find it naive to describe the run of state employees in such idealistic terms, let alone to believe that they will more often be better judges of a child's best interests than that child's parents. State agency personnel may spend years thinking about what is best for children – but parents spend decades doing what they think is best for their own children, and living with the consequences. Parents are far more likely to get it right, even if they have fewer course-credits in child development or education theory. Because children are young and immature, they need to be under the authority of adults. People like Dwyer who claim to be promoting children’s rights are not suggesting that the children be allowed to determine their own best interests. They just want the determination of best interest to be done by government employees rather than parents. Gilles notes that this is an issue of who has authority in the lives of children: Thus, the question is not whether our childrearing regime will entail other-determining governance of children by adults; it is which adults will enjoy the freedom to engage in this other-determining behavior. That’s how we need to present the issue: which adult will do the job best. When the government treads on parental toes we need to ask, “Are you trying to say that you think a government employee working 9-5 is a better parent for my child than me?” ATTACK #4: We should have a broad understanding of harm Historically, Anglo-American nations have recognized parental rights, with the only limits on these rights involving the rare instances where parents harm the children. So if the State can only act when a child is being harmed, we can predict what statists will do – they’ll want to greatly expand what we view as harm. So, for example, Dwyer hates conservative Christianity and what it stands for. Thus he argues that teaching children certain Christian doctrines is harmful. What are these harmful doctrines? Dwyer believes that teaching children that sex is only for married couples harms those children because it restricts their freedom. He also believes teaching girls that women have different roles than men is harmful. So he wants the government to prevent parents from teaching conservative Christian tenets to their children…to protect the children from “harm.” ANSWER: Labeling anything the government disagrees with as harmful is arbitrary As Christians we need to highlight the sheer arbitrariness of Dwyer’s definition of harm. We need to highlight that he is simply defining as harmful that with which he disagrees. In fact, Dwyer’s proposal has clear totalitarian implications, as Gilles points out: If the government can forbid parents and teachers to communicate any message it decides (based on value-laden and highly debatable criteria) is “harmful to children,” then the government can control the transmission of ideas to future generations. Conclusion Prof. Gilles has shown us what to watch out for, and how to present well-reasoned argumentation for defending parental rights in education. Since parents have such powerful incentives to promote their children’s best interests, it is clear that they should have virtually unhindered authority over their children. Government employees and institutions never have as much at stake in the well-being of children as the children’s parents. A tiny number of parents occasionally abusing their authority do not undermine this fact. To think that government employees will make better decisions about children than parents is naïve at best. And to use an anti-Christian ideological concept of harm to determine what children should be taught, clearly leads to a totalitarian government. Parentalism, as Prof. Gilles calls it, is much more reasonable and consistent with freedom than the statist perspective of the left-wing intellectuals. A version of this article was first published in the March 2016 issue under the title "Government knows best? Stephen Gills shows us how to defend parental rights"...

Parenting, Politics

Exposing the poor research fueling the anti-spanking campaign

“Spanking is linked to aggression, antisocial behavior, mental health problems, cognitive difficulties, low self-esteem, and a whole host of other negative outcomes.” So declared a 2016 news article from Good Housekeeping, one of dozens of articles reporting on the latest overview of research on physical discipline. That 2016 overview not only condemned spanking, but went out of its way to make the case that its results also applied to the type of physical discipline that is both legal and commonly practiced. In other words, it argued that all forms of spanking are bad all the time.1 So where does such research leave all those who thought that physical discipline can be beneficial and appropriate when done in a controlled and loving way? The answer matters a lot, especially since the anti-spanking movement has received a lot of momentum in Canada. During the 2015 federal election, Canada’s Liberal party promised that, if elected, it would get rid of Section 43 of our Criminal Code – this is the section that allows parents to use appropriate physical discipline. Thankfully that did not follow through on that promise. But if that section is ever removed, the result will be that all parents who use physical discipline will be treated by the law as criminals and abusers. So it is important, then, that we take a closer look at the research. And when we do so, we’ll discover our confidence in the appropriateness and legality of physical discipline doesn’t need to be shaken. It is vital that we educate not only ourselves, but share this truth with our neighbors, and especially our legislators, before it’s too late. New spin – same flawed research The lead author of the 2016 study was Dr. Elizabeth Gershoff, a University of Texas researcher who has dedicated much of her career to opposing physical discipline. Her overview was an updated version of a previous meta-analysis she did (a meta-analysis uses statistics to combine the results of many studies on the same topic, with the goal of getting more precise average results). The news stories explained that her overview was based on studies of over 150,000 children, spanning over 50 years, which sounds really impressive but really just amounts to running new statistical analyses on the same kind of research that several experts have been summarizing for the past decades. None of the other experts supported an absolute anti-spanking conclusion from their summaries of the same kind of research.2-7 One of the reasons why Dr. Gershoff and her research partner Dr. Andrew Gorgan-Kaylor (hereafter G&G) updated their meta-analysis was to address a concern expressed about her previous research, namely that it failed to distinguish appropriate physical discipline from types of physical aggression that the law already criminalizes as abuse. It lumped measured, calm spankings in with the beatings given by enraged, out-of-control parents. So how useful could these findings be when it comes to evaluating the effectiveness of just the calm and collected spankings? The answer is, not very. Indeed, that is one of the arguments that ARPA Canada made in our policy report on corporal discipline that we sent to all MPs and Senators in 2014, and have defended on CBC radio and in the Vancouver Sun since. Those advocating that spanking be a criminal activity have never been able to respond to the contrary. We explained over and again that research that did take the time to isolate appropriate physical discipline did not find negative outcomes – in fact, physical discipline was shown to be as good as or better than all other forms of discipline. Three fallacies Another expert on the topic is Dr. Robert E. Larzelere, from Oklahoma State University (hereafter RL). He examined G&G’s latest overview and quickly found it to be wanting. RL pointed out that only four of the 75 studies in the meta analysis examined whether appropriate spanking does more harm than good when nonphysical methods were ineffective. Those four studies proved that spanking was better than two of the three alternatives investigated, and was equally as effective as the third alternative (forced isolation).8-11 So how then did G&G come to the conclusion that spanking was always bad? Her conclusion came from the other 71 studies and included three fallacies. RL exposed the following three fallacies:  Fallacy #1 – Correlation G&G’s conclusions rely entirely on the studies’ correlations – for example, children who were spanked more often tend to be more aggressive. But even a high school student understands that correlation does not prove causation. In fact, it could well be that aggressive children were spanked more often because they were aggressive. As RL points out, this type of research would even make radiation treatment look harmful since patients receiving radiation treatment have more cancer than those who don’t.12 Fallacy #2 – Extrapolation G&G conclude that spanking should simply not be done. It is a similar conclusion that the Truth and Reconciliation Report came to in 2015, in their effort to address the fallout from the now-infamous  Residential Schools. That report led to the Liberal government promising to repeal Section 43 of the Criminal Code. But do the studies actually bear this out? RL explains that only one of the studies in the entire meta-analysis compared a group that was never spanked to one that was, and that study actually proved that spanking had a beneficial effect.13 The authors wrongly extrapolated their conclusion based on the faulty correlational evidence. Even worse, two studies that did take the time to compare individuals who were never spanked with those who were, conveniently were left out of the meta-analysis.14,15 The fact that overly frequent spanking correlates with worse child outcomes does not necessarily mean that no spanking will lead to the best outcomes. It could instead mean that the best parents use spanking only when needed – but not more often than that. Fallacy # 3 – Lumping Although G&G went out of their way to emphasize that this study proves that spanking is bad even when done carefully and in keeping with the law, the reality is that only 4 of the 75 studies relied specifically on “hitting a child on their buttocks…using an open hand.” The truth has not changed, no matter how it is hidden or confused – the research that properly examines the effect of appropriate spanking shows it to be as good as, or better than, all other disciplinary tactics. RL expressed his regrets about the poor research exemplified in G&G’s overview, not just because it undermines appropriate physical discipline but also because it undermines efforts to discover other disciplinary tactics that may also be effective. Their reliance on correlational evidence is biased against every form of discipline, including time-outs, making the most effective disciplinary responses appear to be harmful. Does that mean that all discipline is harmful? The authors don’t go that far in this overview, but they have already claimed that “we don’t know anything that works” based on another study in which they investigated 10 other disciplinary methods using the same biased correlations.16 We all need to expose the dangerous research The sad reality is that truth and objectivity don’t matter much when a publication comes to the conclusion that others want to see to bolster their worldview or political objectives. The mainstream media loves to publish stories like these, and the fact that they come from peer-reviewed journals means they accept the conclusions as fact. To add to this, there are very, very few people who are willing to publicly defend something as politically incorrect as spanking. Who wants to be lumped in with child abusers? This risk of being misquoted is too great. I’m aware of only two or three people/organizations in this country that are willing to even touch this issue. The Overton Window concept explains that there is a range of ideas that the public will accept. That range shifts over time. An idea can move from something that is considered radical, to controversial, to acceptable, to popular, to public policy. Alternatively, it can go the other way too. Something like euthanasia was controversial five years ago but has quickly shifted to public policy today. Likewise, spanking can go from being lawful today to being criminalized ten years from now. If we believe parents are the appropriate authorities to determine which form of loving discipline is most appropriate for their children (so long as it is not abusive), it is crucial that we seize the opportunity to speak up in defense of Section 43 while it is still considered acceptable. Not only is the research on our side, the Supreme Court of Canada already examined this issue in 2004 and upheld Section 43. They went so far as to conclude that the decision not to criminalize such conduct is not grounded in devaluation of the child, but in a concern that to do so risks ruining lives and breaking up families — a burden that in large part would be borne by children and outweigh any benefit derived from applying the criminal process. Conclusion This is an example of an issue where education is vital – we need to educate our legislators about the facts of the matter before they step in line with a government bill that would criminalize spanking. Once a law is passed, most parents would understandably not want to risk having their children removed from their homes and will likely abandon physical discipline. If you want to uphold parental authority in child-rearing, please consider doing the following: Pray for courage, grace, and winsomeness; Read ARPA’s policy report on the matter at ARPACanada.ca (click on the publications menu) Email your MP to ask for a meeting to discuss this matter – follow up with a phone call if they don’t respond. Take a friend/family member along with you; Use the meeting to present them with the solid research and be sure to communicate your motivation so they don’t wrongly conclude we are seeking to hurt children in any way; Spread the word – share this article and encourage others to do the same. End Notes Gershoff ET, Grogan-Kaylor A. Spanking and child outcomes: Old controversies and new meta-analyses. Journal of Family Psychology. 2016. Larzelere RE. A review of the outcomes of parental use of nonabusive or customary physical punishment. Pediatrics. 1996;98:824-828. Larzelere RE. Child outcomes of nonabusive and customary physical punishment by parents: An updated literature review. Clinical Child and Family Psychology Review.2000;3:199-221. Horn IB, Joseph JG, Cheng TL. Nonabusive physical punishment and child behavior among African-American children: A systematic review. Journal of the National Medical Association. Sep 2004;96(9):1162-1168. Larzelere RE, Kuhn BR. Comparing child outcomes of physical punishment and alternative disciplinary tactics: A meta-analysis. Clinical Child and Family Psychology Review. 2005;8:1-37. Paolucci EO, Violato C. A meta-analysis of the published research on the affective, cognitive, and behavioral effects of corporal punishment. Journal of Psychology. 2004;138:197-221. Ferguson CJ. Spanking, corporal punishment and negative long-term outcomes: A meta-analytic review of longitudinal studies. Clinical Psychology Review. 2013;33:196-208. Roberts MW, Powers SW. Adjusting chair timeout enforcement procedures for oppositional children. Behavior Therapy. 1990;21:257-271. Bean AW, Roberts MW. The effect of time-out release contingencies on changes in child noncompliance. Journal of Abnormal Child Psychology. 1981;9:95-105. Day DE, Roberts MW. An analysis of the physical punishment component of a parent training program. Journal of Abnormal Child Psychology. 1983;11:141-152. Roberts MW. Enforcing chair timeouts with room timeouts. Behavior Modification. 1988;12:353-370. Larzelere RE, Baumrind D. Are spanking injunctions scientifically supported? Law and Contemporary Problems. 2010;73(2):57-88. Tennant FS, Jr., Detels R, Clark V. Some childhood antecedents of drug and alcohol abuse. American Journal of Epidemiology. 1975;102:377-385. Gunnoe ML. Associations between parenting style, physical discipline, and adjustment in adolescents' reports. Psychological Reports: Disability & Trauma. 2013;112(3):933-975. Ellison CG, Musick MA, Holden GW. Does conservative Protestantism moderate the association between corporal punishment and child outcomes? Journal of Marriage and Family. 2011;73(5):946-961. Gershoff ET, Grogan-Kaylor A, Lansford JE, et al. Parent discipline practices in an international sample: Associations with child behaviors and moderation by perceived normativeness. Child Development. 2010;81(2):487-502. A version of this article first appeared in the July/August 2016 issue under the title “New spin – same flawed research.” Mark Penninga is the Executive Director of ARPA Canada....

   
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