Rethinking the Principle of Parens Patriae: The Ariha Shah Case from a Cultural and Child Rights Perspective

Abstract

The aim of the work is to critically examine the encounters of an Indian child with the Jugendamt (‘Youth Office’) in Germany. The article examines the tension between protection and alienation of the child from its family and culture, questioning whether migrant, non-German children in such systems have rights, and if so what could they be? Through interviews with the family and document analysis, the study aims to establish whether the progression of the case from the position of the child has been in accordance with various United Nations human rights treaties such as the Convention on the Rights of the Child. By examining the case from a cultural, social justice and children’s rights perspective, this article concludes that unless steps are taken to dismantle the power and privilege dynamics of such institutions, children of ethnic communities will continue to be at risk of being separated from their families, in addition to being at risk of losing a variety of their rights, including the right to their cultural and religious identity.