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Family Law and Human Rights: The United States Perspective

Family Law and Human Rights: The United States Perspective Family Law and Human Rights: The United States Perspective linda d. elrod* Where, after all do universal human rights begin? In small places, close to home – so close and so small that they can’t be seen on any map of the world. Yet they are the world of the individual person. Eleanor Roosevelt, to the United Nations, March 27, 1958 I. Foundations american law has developed within the ideological theme of america’s founding – the declaration of independence’s assertion of one’s “inalienable right to life, liberty and the pursuit of happiness.” The United States Constitution relies heavily on notions of natural rights. lockean principles of autonomous individuality have played out in various ways because of our particular history: a dedication to states’ rights because of the fear of central government; a quest for equality because of our history with slavery and women’s suffrage; a dedication to freedom of speech and religion because of colonial period strife with Britain. “human rights” in america rest on individual liberty. This focus on individual rights, however, makes it difficult to address an organic unit, such as the family; to serve groups defined by status, such as children; and to recognize the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Law FORUM du droit international (continued in International Community Law Review) Brill

Family Law and Human Rights: The United States Perspective

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Publisher
Brill
Copyright
© 2005 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-9036
eISSN
1571-8042
DOI
10.1163/157180405774580053
Publisher site
See Article on Publisher Site

Abstract

Family Law and Human Rights: The United States Perspective linda d. elrod* Where, after all do universal human rights begin? In small places, close to home – so close and so small that they can’t be seen on any map of the world. Yet they are the world of the individual person. Eleanor Roosevelt, to the United Nations, March 27, 1958 I. Foundations american law has developed within the ideological theme of america’s founding – the declaration of independence’s assertion of one’s “inalienable right to life, liberty and the pursuit of happiness.” The United States Constitution relies heavily on notions of natural rights. lockean principles of autonomous individuality have played out in various ways because of our particular history: a dedication to states’ rights because of the fear of central government; a quest for equality because of our history with slavery and women’s suffrage; a dedication to freedom of speech and religion because of colonial period strife with Britain. “human rights” in america rest on individual liberty. This focus on individual rights, however, makes it difficult to address an organic unit, such as the family; to serve groups defined by status, such as children; and to recognize the

Journal

International Law FORUM du droit international (continued in International Community Law Review) – Brill

Published: Jan 1, 2005

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