Published in the Journal of American Medical Association (JAMA) 2011, Dr. Linsey Murtagh and Dr. David Ludwig have written an article, State Intervention in Life-Threatening Childhood Obesity, presenting facts that parents play a responsible role in their child’s weight gain. The neglect in nutrition and physical activity is totally reversible through education and changing bad habits.
Murtagh and Ludwig believe the Government has the responsibility to intervene, depending on the situation. In severe child obesity cases, government required, legal intervention, might be necessary. Federal laws have set guidelines and definitions for child abuse. Seven states (California, Pennsylvania, Iowa, Texas, New York, New Mexico and Indiana) have set …show more content…
The article presents the evolving need for defining childhood obesity as abuse. The need for legal intervention is now, as neglectful parents fail to raise healthy children. The legal system’s obligation is to develop federal and state laws, defining what constitutes child abuse, when dealing with obesity. The article shows legal connections between the two, validating that they are one of the same (pg. 8).
Garrahan and Eichner introduce CAPTA (Child Abuse Prevention and Treatment Act), a major federal legislation for child protection. Congress designed CAPTA to help states fund investigation in cases of child abuse and neglect. This article explores the best direction in child obesity cases. They discuss the need for the courts to view obesity as medical neglect, recommending local case worker intervention (pg. …show more content…
23). They refer to court cases based on the right to parent, genetically based obesity cases, environmental factors, and additional circumstances that might take child weight issues, out of the parent’s control. These arguments suggest, “Should the parents be punished?”
This article (along with other credible documentation) debate over the classification of childhood obesity as abuse, and what legal related rights do state and federal governments have over the parents. They focus on the underlying causes, suggesting legal and medical representatives uniting, with the best interest of the child, being the main priority. Looking at the entire spectrum of the child, might create a win-win situation for the child and the family unit (Hayes, 2010). The medical community has enough data to prove the legal aspects of health risks. Some might debate the subject—who determines what is healthy for us? How much effort will be put into ensuring a fair determination of neglect? With the government taking a larger stance in the medical world with government funded health care, will our rights as individuals be infringed upon if we cannot afford to provide for our children? The more complex issue will be the legal attributes and society’s opinions with government interference within the family
Murtagh and Ludwig believe the Government has the responsibility to intervene, depending on the situation. In severe child obesity cases, government required, legal intervention, might be necessary. Federal laws have set guidelines and definitions for child abuse. Seven states (California, Pennsylvania, Iowa, Texas, New York, New Mexico and Indiana) have set …show more content…
The article presents the evolving need for defining childhood obesity as abuse. The need for legal intervention is now, as neglectful parents fail to raise healthy children. The legal system’s obligation is to develop federal and state laws, defining what constitutes child abuse, when dealing with obesity. The article shows legal connections between the two, validating that they are one of the same (pg. 8).
Garrahan and Eichner introduce CAPTA (Child Abuse Prevention and Treatment Act), a major federal legislation for child protection. Congress designed CAPTA to help states fund investigation in cases of child abuse and neglect. This article explores the best direction in child obesity cases. They discuss the need for the courts to view obesity as medical neglect, recommending local case worker intervention (pg. …show more content…
23). They refer to court cases based on the right to parent, genetically based obesity cases, environmental factors, and additional circumstances that might take child weight issues, out of the parent’s control. These arguments suggest, “Should the parents be punished?”
This article (along with other credible documentation) debate over the classification of childhood obesity as abuse, and what legal related rights do state and federal governments have over the parents. They focus on the underlying causes, suggesting legal and medical representatives uniting, with the best interest of the child, being the main priority. Looking at the entire spectrum of the child, might create a win-win situation for the child and the family unit (Hayes, 2010). The medical community has enough data to prove the legal aspects of health risks. Some might debate the subject—who determines what is healthy for us? How much effort will be put into ensuring a fair determination of neglect? With the government taking a larger stance in the medical world with government funded health care, will our rights as individuals be infringed upon if we cannot afford to provide for our children? The more complex issue will be the legal attributes and society’s opinions with government interference within the family