Does the court have the right to stop Laura Dekker from sailing the world alone?
Should the court be able to intervene in this situation? Why or why not?
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M$6 Answers
So clearly the courts in the Netherlands do have the legal right to do that.
Whether it's a good idea, and whether courts should have such powers is another question. It is hard to frame laws in such a way that they cover exactly the situations you want to cover, and no other ones. For example if you make a law saying children up to age X must go to school for Y hours a year, it might sound like a good idea, but then it becomes a blunt instrument that can't distinguish between truancy and someone that could start building their pro tennis career in their teens.
Overall I think we do try to standardise too much, and do tend to under-estimate the abiltiies of young people, and over-estimate the value of staying in formal education compared to other things a person could be doing.
One example I always remember is that by age 16, Alexander the Great had already led men into battle, and was left in charge of a Kingdom.
Of course, not everyone is Alexander the Great. :)
But for those who are already able to excel in some field, whether it's sailing, tennis, entrepreneurship or ruling a kingdom, it's pretty patronising and counter-productive to say "No, no.. you gotta go to school first and pass some exams before you're even allowed to start on what you know will be your life's work."
Though in this particular case, one saving grace is that the court has not said "No" outright, it has stopped it from happening until an evaluation is carried out. It looks like if child psychologists say she is mature enough to cope with this, it might yet be allowed to go ahead.
It does seem a pity that courts have to get involved, but some kind of system where children are presumed to need to be in school unless they can demonstrate a good reason why not doesn't seem such a bad idea.
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M$As for the parents, I doubt they'd send her out without a way to contact someone if something went wrong... I really don't see why it has to be such a big issue to let a girl with a vision pursue her dream.
I think it's fine if she wants to do it. She has the experience and she definitely knows the risks. I think the courts are overstepping their bounds here... It's not like the parents are being negligent or uncaring, if they were then maybe the courts should do something to protect the girl...
The parents I'm sure find it hard to let their daughter do this, it is a risk. But to say OK to it shows how much faith they have in her abilities!
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M$Of course they do. Legal child protection authorities in the Netherlands, Great Britain, and New Zealand agree on this. The British were involved when she sailed across the Channel and was put in custody. New Zealand gave its opinion because she was born there and the press raised the question.
She is a remarkable girl and experience sailor;but: she belongs in school. Also, like anyone she should build up to such a journey with lesser sailing trips.
The record by the way, is was set this summer by a 17 year old. It took 9 months.
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M$However, I had not appreciated that this trip would mean two years spent alone, as well as the privations that she would no doubt have to endure on her journey. Two years alone is a long time for anyone. Perhaps she is aware of the task she is undertaking, perhaps she isn't - it's impossible to say, even for people who know her well, and I don't know her at all.
I don't really understand why it is necessary for her to take on this challenge at such an early age, except to beat the record set recently by a UK teenager, and I am not sure that many 13 year olds would be emotionally mature enough to withstand the time alone - actually, I don't think many adults would, either. I can see why the authorities might have concerns.
Athough the court have taken her into state care, she continues to live with her father, and is simply prevented from making the trip that she planned at the moment. I assume that if she waits a couple of years, the authorities will have no power to prevent her from making the trip then.
It is obvious that they do have the ability to stop her from making the journey, whether because of the educational concerns or welfare concerns. Whether they should do... I think not. If both she and her parents believe that she is able to make the trip and she is passionately keen to do so, I think that the court is wrong to intervene unless they have evidence that the parents are unfit or the child is at serious risk of harm. Had they let her start the voyage it seems to me that the worst thing likely to happen is that she might have to learn to fail.
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M$I hold nothing but hatred and contempt in my heart for all government systems that oppress any body of people!
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M$From the online Britannica Encyclopedia....
"Maritime law deals mainly with the eventualities of loss of a ship (e.g., through collision) or cargo, with insurance and liability relating to those eventualities, and with collision compensation and salvage rights. There has been an increasing tendency to make maritime laws uniform; the chief organization overseeing maritime law is the International Maritime Committee, composed of the maritime law associations of several countries."
So, yes, the oceans aren't "free reign," but what I was getting at is they really don't care or deal with incidents such as this. The only court who really cares whether she sails around the world or not is the Dutch court and I seriously don't think they are going to send a fleet of Dutch battleships after her if she just goes ahead and takes off.
That just is not correct. There is extensive Maritime law. It's different from the law on land, but it's nothing like "free reign". There are extensive treaties between all maritime nations which make up the law.

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