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Ethical Dilema - Assignment Example

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Nowadays, the court is in a state of perplexity concerning of two opposing government principles, and these are “the rights of parents” and “the interest of the child.” These two government principles have undergone various developmental flux within court regulations in…
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Ethical Dilemma I. Introductory case Nowadays, the court is in a of perplexity concerning of two opposing government principles, and these are“the rights of parents” and “the interest of the child.” These two government principles have undergone various developmental flux within court regulations in order to equateary interests for the child’s benefit (Kermani & Weiss, 1995, p. 261). In line with this, an ethical analysis was made regarding a tribunal verdict that promulgated the full custody of rehabilitated biological parents to a nine year old girl, but was reunited with them against her own will and interest.
II. Ethical Grounds
In the case that the child does not agree on the verdict being declared by the court, then it is the responsibility of the court to reassess their verdict and reevaluate the certain dilemma for a possible solution to the problem.
In a rule-based approach, the court needs to reassess the laws in relation to the current case. According to the Kermani and Weis (1995), biological parents are entitled the power and warrant to raise their own kids; thus, considering one of the government principle which is “the right of the parents” (p. 261). Nevertheless, some parents are guilty of parental negligence towards their children, and then government agencies have the power to overrule such rights, through court, and take their children away from their custody. However, parents can regain their rights when proven that they have change for the better and best for their children, similar to the case, the biological parent undergo rehabilitation and have the confidence to take back their daughter. Thus, it is every parents right and dream to have an intact and structure family, and it is the responsibility of the government to help them reestablish to what has been broken (Kermani & Weis, 1995; Talbot, 2007).
However, in the care-based approach, the court needs to reassess its verdict by considering themselves within the shoes of the child and focusing more to be empathetic rather than being more to the legal based thus considering “the interest of the child.” In this case, the child has developed an emotional and psychological attachment towards her foster parents and has a hard time detaching from them. It is important for the court to consider the union made between the child and her foster parents rather than breaking the link with each other. Thus, if the court decides to follow the mandated law, then it is also their obligation to help the child adjust with her current situation by not totally breaking the rights of the foster parents because they have served as her loving parents (Kermani & Weiss, 1995).
III. Conclusion
The two approaches are similar to the context of achieving the custody of the biological parents of their daughter; however, the care based approach considers not only the happiness for the biological parents but also for the child and her foster parents rights and interest. Furthermore, the two approaches may not that be easily applicable to real life scenario because it is difficult for two opposing parties to get along with each other, especially when it comes to child rearing issues. However, these approaches will certainly be helpful for the child to attain true happiness in the long run, being able to be both with her biological and foster parents; thus, achieving and acknowledging Aristotle’s concept of being healthy, happy, and have a prosperous life (“Aristotle’s Ethics,” 2010).
References
“Aristotle’s Ethics.” (2010, Mar 29). In Stanford Encyclopedia of Philosophy online. Retrieved from http://plato.stanford.edu/entries/aristotle-ethics/#DocMea
Kermani, E., & Weis, B. A. (1995). Biological parents regaining their rights: A psycholegal analysis of a new era in custody disputes. The Bulletin of American Academy of Psychiatry & the Law, 23(2), 261-267.
Talbot, E. P. (2007). Successful family reunification: The contribution of social work theory in the provision of services and decisionmaking. Illinois Child Welfare, 3(1-2), 103-117. Read More
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