As a newly-independent world, Bajor has a right to declare any minor left on their world to be Bajoran citizens and to terminate the parental rights of a foreign citizen of a previously-occupying power. Under Bajoran law -- and DS9 was Bajoran territory, so Bajoran law would be all that mattered -- Kotan would only have whatever rights the Bajoran government chose to regard him as having.
I'm not sure you realize what a FRIGHTENING proposition this is. You've just stated that a government has the right to come in and terminate somebody's parental rights just because their child got caught on the wrong side of the border, with no evidence whatsoever that he cannot be a good father to Rugal?
I'm not saying that Kotan has no
natural rights. But we don't know that the concept of natural rights exists from a Bajoran POV. What we do know is that as a sovereign world, Bajor would have the right to refuse to acknowledge the natural rights of non-Bajoran citizens.
I am, in essence, arguing from a Bajoran legal perspective, without assuming that Bajoran law includes the concept of natural rights. And even if Bajoran law does include the concept of natural rights, we don't know what that means. For all we know, Bajoran law may regard a parent as having a natural right from the Prophets to raise their children, but may regard that right as being derived from the bond children build with their parents -- in which case, Kotan, not being the subject of Rugal's parental bond, would have no natural rights as a parent under Bajoran law. Or perhaps Bajoran law would regard anyone who wants to emigrate to a military dictatorship like Cardassia as forfeiting their natural parental rights.
If we start talking about natural rights under Bajoran law, we ultimately have nothing more than speculation. But it is an established fact in real life that governments will pick and choose which natural rights it will regard a person as actually possessing, and that as such Kotan would only have whatever standing under Bajoran law the Bajoran government chooses to perceive him as having.
In other words -- it should have been left up to the Bajorans to decide, and no one else. Not the Federation, and not the Cardassians.
That, to be blunt, is exactly the sort of move Cardassia would pull against the Bajorans.
No, because, amongst other things, it doesn't involve invading Cardassian territory and subjugating its populace.
Your scariest statement of all is that you state that Kotan only has parental rights at the behest of the Bajoran government. I'm sorry, but his rights can and must be regarded as inherent rights unless he can be legally proven by a proper investigation to be an unfit parent.
That is a distinctly
Western legal concept that doesn't even exist throughout the entire world today. To try to apply that standard to a conflict between two non-Human, non-Federation worlds is absurd.
Now, do I personally believe that Kotan has natural rights as a parent? Yes. Does that mean I think that that belief ought to be imposed on other cultures? No. Do I think that his natural rights as a parent justify taking Rugal away from Bajor against his will? No. Do I think his natural rights as a parent entitle him to joint custody of Rugal on Bajor? Yes.
The adoption is certainly not legal if you have a biological parent who is fit to be a father and able to be a responsible and loving parent, and who has come forward to accept custody of his own child.
We don't know that. Remember, we're dealing with
Bajoran law, which might be different in any number of ways from real life law.
You still have not proven that Kotan himself is an unfit parent
Wanting to raise anyone on a military dictatorship like Cardassia would, from the standpoint of the Bajorans, almost certainly be considered so abusive as to render such a person an unfit parent. The Bajorans have
seen how brutal living under a government that's constantly looking for a reason to kill you can be; they would know full well how damaging growing up on Cardassia would be for a child, because
all of their children have been subjected to that kind of brutality already.
--your problem is in fact the environment of the Cardassian Union, which of course DOES have some major problems, but your solution to that is to simply destroy this man's parental rights.
Perhaps you missed the part where I said:
I, too, think that some sort of joint custody arrangement should have been arrived at. But that doesn't justify the unilateral remove of Rugal from his legal parents.
I'm not advocating regarding him as having no natural rights as a parent. I'm saying that, 1. the Bajoran government has the right under interstellar law to regard him as having whatever natural rights as a parent it wants, because to deny them that right is to deny Bajoran sovereignty; 2. Kotan and the Prokas should have worked out a joint custody agreement with the Bajoran government, on Bajor; 3. Kotan had no right to remove Rugal from Bajor or to nullify the parental rights of the Prokas, which are just as valid under Bajoran law as his, and whom Rugal loves as his parents; and 4., that choosing to raise Rugal on Cardassia is itself an abusive choice because of the fundamental dangers inherent to living under the rule of the Cardassian state.
Kindly stop putting words in my mouth.
Instead, offer Kotan the following solution. He may have custody--but he must renounce his Cardassian citizenship and take up residence on Bajor.
If this is modified to require Kotan to share joint custody of Rugal, then this is an option I'd fully support. And if Kotan were willing to live on Bajor and share custody with the Prokas, then as far as I'm concerned, he should have the same rights under Bajoran law that the Prokas do and custody of Rugal should be treated like custody of any child in an amicable divorce.
(Even though it's not canon and I therefore do not count this in the debate,
You should, because this is a debate about the novel. There's no reason to exclude information from the novel in evaluating it.
There absolutely is; the novel is only one possible interpretation of the circumstances that we saw in "Cardassians."
Yes, but
we are debating the reasonableness of novel's characterization of Rugal. We are not debating the episode "Cardassians" and its other valid interpretations -- and, further, the debate over whether or not Kotan had the right to remove Rugal from Bajor (and, by extension, what kinds of rights he would have had under Bajoran law) are
side-arguments that are besides the point, which is the reasonableness of McCormack's characterization of Rugal based upon the premises built into the novel. We are debating
The Never-Ending Sacrifice by Una McCormack, not the episode "Cardassians."
Specifically, the argument went this way:
CLAIM: Rugal was unsympathetic in
The Never-Ending Sacrifice because he was angry and self-righteous.
COUNTER-CLAIM: Yes, but in
The Never-Ending Sacrifice, that characterization is reasonable because Rugal was the victim of kidnapping.
COUNTER-CLAIM: But that's only if we agree to the assumptions the novel makes.
COUNTER-CLAIM: But we're arguing about the novel's characterization choices, and as such it is appropriate to evaluate the novel on its own terms.
Once again: It was perfectly reasonable for the character of Rugal in
The Never-Ending Sacrifice to be angry and self-righteous given the things the novel depicted him as being victim of. It would be perfectly reasonable for Rugal to have a different set of characterizations if another novel were working from a different interpretation of "Cardassians," too. But
The Never-Ending Sacrifice was working from a particular set of interpretations of "Cardassians," and the characterization choices McCormack made based upon those interpretations were perfectly reasonable extrapolations to make from those interpretations.
What I am trying to demonstrate is that there is more than one plausible conjecture from that scenario.
That was already a given. I wasn't arguing against other interpretations of "Cardassians," just that the characterization of Rugal we see in
The Never-Ending Sacrifice is reasonable from the interpretation of "Cardassians" the novel uses.
Back to the side-arguments:
But since we don't know what the results of that investigation would have been--I'm going to come down on the side of parental rights.
And at what point do the child's rights come into play? The child's right to be raised by parents he knows and loves, to be raised in an environment that is conducive to his freedom and his rights as a Bajoran citizen, in an environment that isn't perennially trying to kill him for not espousing state orthodoxy?
Let me turn now to the other side of this question.
No. Answer my question first: At what point do the
child's rights come into play?
The novel's interpretation notwithstanding (which is certainly one legitimate choice), you still have not answered the question about Proka's fitness to be a parent.
I don't have to.
You have to prove the Prokas' unfitness as parents (and please remember that
Proka is the surname, not the given name -- the father's given name was Migdal), just as I would have to prove Kotan's unfitness. They
both have parental rights that cannot be taken away unless they're proven unfit parents.
The Federation and Bajor may have disproven the physical abuse allegations, but they never offered any satisfactory conclusion as to the question of whether he was being psychologically abused by Proka and the other Bajoran adults in his life. The self-loathing--the biting--those did not come out of nowhere. To face persecution on the basis of your race when the person who claims to loves you agrees that you should despise yourself is one of the most withering things any child can go through.
Completely true. It's also completely true that no one proved that Rugal's Bajoran parents were psychologically abusing him like that.
That self-loathing could just as easily have come from loving Bajorans and seeing the Cardassian government so brutally oppress them. It could, in other words, literally just be another example of the trauma inflicted upon innocent people by the Cardassian Union. To assume that it must be the Prokas mentally abusing him is unreasonable.
The episode obviously failed to explore this question in sufficient depth. But I'm not going to just assume guilt on the Prokas' part.
But for Rugal to be denied his biological father simply because the Bajoran government does not want to acknowledge that a Cardassian man CAN be fit and DOES have the same inherent, God-given right as a Bajoran man
There
are no God-given rights under Bajoran law. The Bajorans don't believe in God. They believe in the Prophets. These are not Humans we're dealing with. At most, Kotan might be regarded as having the same inherent, Prophets-given rights as a Bajoran man; we don't know what Bajoran law says about that. When I said above, "They both have parental rights that cannot be taken away without proving they're unfit parents," I agreed with the idea of their both having natural rights as parents for the sake of the argument, but the fact is, we don't know what kinds of rights Kotan would have under Bajoran law. The only party whose rights under Bajoran law are known are the Prokas, because we know that their adoption was legal under Bajoran law.