Children’s Health in a Legal Framework

The U.S. legal system gives parents the authority and responsibility to make decisions about their children’s health care, and favors parental rights over society’s collective responsibility to provide for children’s welfare. Neither the federal government nor state governments have an affirmative obligation to protect and promote children’s health, nor do children have a right to such protection. In this sense, write Clare Huntington and Elizabeth Scott, policies to promote child health in this country, such as those discussed elsewhere in this issue, are optional.