ARTICLE: THE BEST INTERESTS OF THE CHILD?: THE CULTURAL DEFENSE AS JUSTIFICATION FOR CHILD ABUSE Skip over navigation
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Copyright (c) 2013 Pace University School of Law
Pace International Law Review

ARTICLE: THE BEST INTERESTS OF THE CHILD?: THE CULTURAL DEFENSE AS JUSTIFICATION FOR CHILD ABUSE

Spring, 2013

Pace International Law Review

25 Pace Int'l L. Rev. 161

Author

R. Lee Strasburger, Jr.*

Excerpt



Introduction
 
The windchill was twenty degrees, and she was dragged kicking and screaming out into the cold. She was left there, with minimal clothing, to make a point and force her cooperation. 1 Later, she was held for hours without food and water and was not even allowed to go to the bathroom until she complied with the task prescribed to her. 2 According to her tormentor, compliance was the only option to avoid further degrading treatment. 3

What could easily describe the treatment of an enemy combatant in Guantanamo Bay is shockingly the story of a young American girl raised by her first-generation mother in the United States. 4 What is more shocking is that the mother is also a tenured law professor at one of the country's most prestigious law schools. 5 With more knowledge regarding the interactions between the country's laws, customs, and culture than most United States citizens, she should have know that her actions crossed the line, especially considering that she was born and raised in the United States and not in China and the Philippines like her family. 6 Instead, she selectively included those anecdotes in a memoir about raising her children in the United States according to her Chinese heritage. 7 Her story is not unique. 8

As the world continues to shrink and immigration increases across the globe, children are more frequently being raised under the influence of several cultures. 9 As these cultures clash, children may be subject to child-rearing practices ...
 
 
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