Cardozo Public Law, Policy and Ethics Journal
Abstract
The note argues that governmental intervention into parental rights regarding childhood obesity is constitutionally justifiable under strict scrutiny, as it serves the compelling interests of both the child's well-being and societal welfare. While the constitutional right to privacy in parenting is fundamental, it is not absolute, and the growing public health crisis of childhood obesity necessitates narrowly tailored measures to hold parents accountable. The analysis proposes that existing legal frameworks, such as neglect statutes, can be effectively applied to address severe cases of childhood obesity, balancing individual rights with public health needs.
Disciplines
Constitutional Law | Consumer Protection Law | Food and Drug Law | Health Law and Policy | Human Rights Law | Law | Legislation
Recommended Citation
Denise Cohen,
Childhood Obesity: Balancing the Nation's Interest With a Parent's Constitutional Right to Privacy,
10
Cardozo Pub. L. Pol’y & Ethics J.
357
(2012).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol10/iss2/5
Included in
Constitutional Law Commons, Consumer Protection Law Commons, Food and Drug Law Commons, Health Law and Policy Commons, Human Rights Law Commons, Legislation Commons