A Children's Rights Commentary on Turner v. Rogers
14 Pages Posted: 30 Apr 2019
Date Written: August 1, 2018
This children’s rights commentary is part of the Feminist Judgments series published by Cambridge University Press. The commentary focuses on Turner v. Rogers, a child support enforcement case, and highlights the progressive position Justice Clarence Thomas took in his dissent by focusing on the rights of the child. Justice Thomas’s focus on the child’s interests in Part III of the dissent was joined by Justice Scalia and supports the foundational principle of the United Nations Convention on the Rights of the Child (“the best interests of the child”) and aligns their analysis on child support jurisprudence with more modern and progressive foreign constitutions, as well as the child maintenance jurisprudence of the highly progressive Constitutional Court of the Republic of South Africa — an alliance that might be surprising to many.
Keywords: children's rights, best interests, child support, child maintenance, Supreme Court, Constitutional Law
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