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{{rights}}
{{rights}}
'''Children's rights''' are the [[human rights]] of [[children]] , persons under a country's age of majority for adulthood as defined by The United Nations Convention on the Rights of the Child (UNCRC),<ref>[http://www.canadiancrc.com/UN_CRC/UN_CRC.aspx "United Nations Convention on the Rights of the Child"], </ref> including their right to association with both [[Biological parent]]s, [[Human nature|human identity]] as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child.<ref>[http://www.canadiancrc.com/UN_CRC/UN_CRC.aspx "United Nations Convention on the Rights of the Child"], Canadian Children's Rights Council. Retrieved 3/30/08.</ref> Other definitions include the rights to care and nurturing.<ref>Bandman, B. (1999) ''Children's Right to Freedom, Care, and Enlightenment.'' Routledge. p 67. </ref>
'''Children's rights''' are the [[human rights]] of [[children]] with particular attention to the rights of special protection and care afforded to the young.<ref>[http://www.amnestyusa.org/Our_Issues/Children/page.do?id=1011016&n1=3&n2=78 "Children's Rights"], Amnesty International. Retrieved 2/23/08.</ref> Definitions of children's rights range from allowing children to do whatever they wish to the enforcement of children being physically, mentally and emotionally free from [[abuse]]. Other definitions include the rights to care and nurturing.<ref>Bandman, B. (1999) ''Children's Right to Freedom, Care, and Enlightenment.'' Routledge. p 67. </ref>


"A child is any human being below the age of eighteen years, unless under the law applicable to the child, [[Age of majority|majority]] is attained earlier."<ref>(1989) [http://en.wikisource.org/wiki/UN_Convention_on_the_Rights_of_the_Child "Convention on the Rights of the Child"], United Nations. Retrieved 2/23/08.</ref> According to [[Cornell University]], a child is a person, not a ''subperson'', and the [[parent]] has absolute interest and possession of the child. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children.<ref>[http://www.law.cornell.edu/wex/index.php/Children's_Rights "Children's Rights"], Cornell University Law School. Retrieved 2/23/08.</ref> There are no definitions of other terms used to describe young people such as "[[adolescent]]s", "teenagers," or "[[youth]]" in [[international law]].<ref>[http://www.hrea.org/index.php?base_id=81 "Children and youth"], Human Rights Education Association. Retrieved 2/23/08.</ref>
"A child is any human being below the age of eighteen years, unless under the law applicable to the child, [[Age of majority|majority]] is attained earlier."<ref>(1989) [http://en.wikisource.org/wiki/UN_Convention_on_the_Rights_of_the_Child "Convention on the Rights of the Child"], United Nations. Retrieved 2/23/08.</ref> According to [[Cornell University]], a child is a person, not a ''subperson'', and the [[parent]] has absolute interest and possession of the child. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children.<ref>[http://www.law.cornell.edu/wex/index.php/Children's_Rights "Children's Rights"], Cornell University Law School. Retrieved 2/23/08.</ref> There are no definitions of other terms used to describe young people such as "[[adolescent]]s", "teenagers" ,or "[[youth]]" in [[international law]].<ref>[http://www.hrea.org/index.php?base_id=81 "Children and youth"], Human Rights Education Association. Retrieved 2/23/08.</ref>


The field of children's rights spans the fields of [[law]], [[politics]], [[religion]], and [[morality]].
⚫
==Rationale==
A child by law has the age appropriate right to autonomy or the right to make age appropriate decisions.


⚫
==Rationale==
⚫
As children develop and mature they gain more rights to self-determination and the corresponding responsibilities associated with those rights. Initially, from birth, their adult caregivers, including [[parent]]s, [[social worker]]s, [[teacher]]s, [[youth worker]]s and others, are vested with that decision making authority.<ref>Lansdown, G. "Children's welfare and children's rights," in Hendrick, H. (2005) ''Child Welfare And Social Policy: An Essential Reader.'' The Policy Press. p. 117</ref> As applied to children these legal apparatuses are termed as "[[Repressive State Apparatuses]]," a concept which was originally coined by [[Louis Althusser]].<ref>Jenks, C. (1996) "Conceptual limitations," ''Childhood.'' New York: Routledge. p 43.</ref>
[[Image:Clock boy.jpg|thumb|A boy working as a "clock boy" on the streets of [[Merida, Mexico]].]]
⚫
As [[Minor (law)|minors]] by law children do not have autonomy or the right to make decisions on their own for themselves. Instead their adult caregivers, including [[parent]]s, [[social worker]]s, [[teacher]]s, [[youth worker]]s and others, are vested with that authority depending on the circumstance the child is in.<ref>Lansdown, G. "Children's welfare and children's rights," in Hendrick, H. (2005) ''Child Welfare And Social Policy: An Essential Reader.'' The Policy Press. p. 117</ref> As applied to children these legal apparatuses are termed as "[[Repressive State Apparatuses]]," a concept which was originally coined by [[Louis Althusser]].<ref>Jenks, C. (1996) "Conceptual limitations," ''Childhood.'' New York: Routledge. p 43.</ref>


Research has found that because of these legal structures children themselves feel powerless and with little control over their own lives, and believe that the power of this structure, as opposed to their [[age]] or [[child development|developmental ability]], causes them to be vulnerable.<ref>Lansdown, G. (1994). "Children's rights," in B. Mayall (ed.) ''Children's childhood: Observed and experienced.'' London: The Falmer Press. p 33.</ref> Structures such as government policy have been found to mask the ways adults abuse and exploit children, resulting in child [[poverty]], lack of educational opportunities, and child labor. Research has also identified children as a [[minority group]] towards whom society needs to reconsider the way it behaves.<ref>Thorne, B. (1987) "Re-Visioning Women and Social Change: Where Are the Children?" ''Gender & Society 1''(1) p. 85–109.</ref>
Research has found that because of these legal structures children themselves feel powerless and with little control over their own lives, and believe that the power of this structure, as opposed to their [[age]] or [[child development|developmental ability]], causes them to be vulnerable.<ref>Lansdown, G. (1994). "Children's rights," in B. Mayall (ed.) ''Children's childhood: Observed and experienced.'' London: The Falmer Press. p 33.</ref> Structures such as government policy have been found to mask the ways adults abuse and exploit children, resulting in child [[poverty]], lack of educational opportunities, and child labor. Research has also identified children as a [[minority group]] towards whom society needs to reconsider the way it behaves.<ref>Thorne, B. (1987) "Re-Visioning Women and Social Change: Where Are the Children?" ''Gender & Society 1''(1) p. 85–109.</ref>
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==Historic definitions of children's rights==
==Historic definitions of children's rights==
Consensus on defining children's rights has become clearer in the last twenty years.<ref>Franklin, B. (2001) ''The new handbook of children's rights: comparative policy and practice.'' Routledge. p 19.</ref>
Consensus on defining children's rights has become clearer in the last twenty years.<ref>Franklin, B. (2001) ''The new handbook of children's rights: comparative policy and practice.'' Routledge. p 19.</ref> A 1973 publication by [[Hillary Clinton]] (then an attorney, later U.S. First Lady, Senator and presidential candidate) stated that children's rights were a "slogan in need of a definition".<ref>Rodham, H. (1973). "Children Under the Law". Harvard Educational Review 43: 487–514.</ref>


[[Children’s rights law]] is defined as the point where the law intersects with a child’s life. According to the [[Harvard Law School]], children's rights law includes [[juvenile delinquency]], [[due process]] for children involved in the criminal justice system, appropriate representation, and effective rehabilitative services; care and protection for children in state care; ensuring education for all children regardless of their origin, race, gender, disabilities, or abilities, and; health care and advocacy.<ref>Ahearn, D., Holzer, B. with Andrews, L. (2000, 2007) ''[http://www.law.harvard.edu/students/opia/docs/guide-children-rights.pdf Children's Rights Law: A Career Guide]''. Harvard Law School. Retrieved 2/23/08.</ref>
[[Children’s rights law]] is defined as the point where the law intersects with a child’s life. According to the [[Harvard Law School]], children's rights law includes [[juvenile delinquency]], [[due process]] for children involved in the criminal justice system, appropriate representation, and effective rehabilitative services; care and protection for children in state care; ensuring education for all children regardless of their origin, race, gender, disabilities, or abilities, and; health care and advocacy.<ref>Ahearn, D., Holzer, B. with Andrews, L. (2000, 2007) ''[http://www.law.harvard.edu/students/opia/docs/guide-children-rights.pdf Children's Rights Law: A Career Guide]''. Harvard Law School. Retrieved 2/23/08.</ref>


==Types of rights==
==Types of rights==
Children's rights are defined in numerous ways, including a wide spectrum of civil, cultural, economic, social and political rights. A Canadian organization categorizes children's rights into three categories, including:
The U.N. Convention on the Rights of the Child of 1989 and the World Summit of 1990 are considered watersheds in the history of child welfare and advocacy. The UN Convention on the Rights of the Child is based on the philosophy that children are equal to and have the same value as adults, while recognizing at the same time they are vulnerable because of their age and are subject to the decisions and behaviour of adults. The rights set out in the Convention can be grouped into three broad categories:
* '''Provision''': Children have the right to an adequate [[standard of living]], [[health care]], [[education]] and services, and to [[Play (activity)|play]]. These include a [[balanced diet]], a warm bed to sleep in, and access to [[schooling]].
* '''Protection''': Children have the right to protection from [[abuse]], neglect, exploitation and discrimination. This includes the right to safe places for children to play; constructive child rearing behavior, and acknowledgment of the [[evolving capacities]] of children.
* '''Participation''': Children have the right to [[youth participation|participate in communities]] and have [[youth program|programs and services]] for themselves. This includes children's involvement in libraries and community programs, [[youth voice]] activities, and involving children as decision-makers.<ref>[http://www.cfc-efc.ca/docs/cccf/rs064_en.htm "Respecting children's rights at home"], Children and Families in Canada. Retrieved 2/23/08.</ref><ref>(1997) "Children's rights in the Canadian context", ''Interchange. 8''(1-2). Springer.</ref>


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In a similar fashion, the [[Children's Rights Information Network]] categorizes rights into two groups, including:<ref>[http://www.crin.org/resources/infoDetail.asp?ID=13423 "A-Z of Children's Rights"], Children's Rights Information Network. Retrieved 2/23/08.</ref>
'''Protection:''' children have a right to protection from cruelty, abuse, neglect and exploitation

'''Participation:''' children have a right to play an active role in society and to have a say in their own lives

'''Provision:''' children have the right to have their basic needs met.


⚫
Within the scope of the above rights, the [[Child Rights Information Network]] (CRIN) the world wide network of non-governmental organizations reporting on the implementation of the Convention to the UN Committee on the Rights of the Child, provides further definition of the above rights, including:<ref>[http://www.crin.org/resources/infoDetail.asp?ID=13423 "A-Z of Children's Rights"], Children's Rights Information Network. Retrieved 2/23/08.</ref>
<ref>Freeman, M. (2000) "The Future of Children's Rights," ''Children & Society. 14''(4) p 277-93.</ref>
<ref>Freeman, M. (2000) "The Future of Children's Rights," ''Children & Society. 14''(4) p 277-93.</ref>
* '''Economic, social and cultural rights''', related to the conditions necessary to meet basic human needs such as food, shelter, education, health care, and gainful employment. Included are rights to [[education]], [[adequate housing]], food, water, the highest attainable [[standard of health]], the [[right to work]] and rights at work, as well as the [[cultural rights]] of minorities and indigenous peoples.
* '''Economic, social and cultural rights''', related to the conditions necessary to meet basic human needs such as food, shelter, education, health care, and gainful employment. Included are rights to [[education]], [[adequate housing]], food, water, the highest attainable [[standard of health]], the [[right to work]] and rights at work, as well as the [[cultural rights]] of minorities and indigenous peoples.
* '''Environmental, cultural and developmental rights''', which are sometimes called "[[third generation rights]]," and including the right to live in safe and healthy environments and that groups of people have the right to cultural, political, and economic development.
* '''Environmental, cultural and developmental rights''', which are sometimes called "[[third generation rights]]," and including the right to live in safe and healthy environments and that groups of people have the right to cultural, political, and economic development.


[[Amnesty International]] openly advocates four particular children's rights, including the end to [[incarceration|juvenile incarceration]] without [[parole]], an end to the recruitment of [[military use of children]], ending the [[death penalty]] for people under 21, encouraging the enforcement of the [[Convention on the Rights of the Child]], and raising awareness of [[student rights|human rights in the classroom]].<ref>[http://www.amnestyusa.org/Our_Issues/Children/page.do?id=1011016&n1=3&n2=78 "Children's Rights"], Amnesty International. Retrieved 2/23/08.</ref> [[Human Rights Watch]], an international advocacy organization, includes [[child labor]], [[juvenile justice]], [[orphan]]s and abandoned children, [[refugee]]s, [[street children]] and [[corporal punishment]].<ref>[http://www.hrw.org/children/child-legal.htm "Children's Rights"], Human Rights Watch. Retrieved 2/23/08.</ref>
The U.N. Convention on the Rights of the Child calls for an end to lifetime prison sentences without parole or capital punishment of children for crimes that were committed while under the age of majority (children).

Scholarly study generally focuses children's rights by identifying individual rights. The following rights "allow children to grow up healthy and free":<ref>Calkins, C.F. (1972) "Reviewed Work: Children's Rights: Toward the Liberation of the Child by Paul Adams", ''Peabody Journal of Education. 49''(4). p. 327.</ref>
Scholarly study generally focuses children's rights by identifying individual rights. The following rights "allow children to grow up healthy and free":<ref>Calkins, C.F. (1972) "Reviewed Work: Children's Rights: Toward the Liberation of the Child by Paul Adams", ''Peabody Journal of Education. 49''(4). p. 327.</ref>
* [[Freedom of speech]]
* [[Freedom of speech]]
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* Ownership over one's body
* Ownership over one's body


⚫
Other issues affecting children's rights include the [[sale of children]], [[child prostitution]] and [[child pornography]].
The [[Canadian Children's Rights Council]] identifies several other issues affecting children's rights, including [[fetal rights]], [[infanticide]], [[child abandonment]], [[child identity rights]], [[paternity fraud]], [[paternity testing]], [[age of consent]], [[shaken baby syndrome]], [[genital mutilation]], [[bullying]], [[corporal punishment]], [[parental alienation]], [[family law|children's rights in family law]], [[youth suicide]], [[anorexia nervosa]],
⚫
[[ADHD]], [[smoking]], and childhood pregnancy.<ref>[http://www.canadiancrc.com "Children's Rights"] Canadian Children's Rights Council. Retrieved 3/29/08.</ref> Other issues affecting children's rights include the [[sale of children]], [[child prostitution]] and [[child pornography]].



===Child / Parent Relationship Rights===
The most fundamental right of a child with regards to biological parents is expressed in Article 9 of the [[United Nations Convention on the Rights of the Child]] which states "States Parties shall ensure that a child shall not be separated from his or her parents ....". Children should not be denied the relationship and benefits provided in their realtionships and unbringing by their biological parents unless the government must interfere for the purpose of protecting a child from parental abuse or neglect, in which case an immediate judicial review of the reasons for disruption of the child/parent relationship must be provided and "all interested parties shall be given an opportunity to participate in the proceedings and make their views known".<ref>[http://www.canadiancrc.com/Family_Law/ "Family law - A child's right to a continued relationship with both parents."] Canadian Children's Rights Council. March 29, 2008.</ref>


===Difference between children's rights and youth rights===
{{main|Youth rights}}
"In the majority of jurisdictions, for instance, children are not allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment."<ref>[http://plato.stanford.edu/entries/rights-children/ "Children's Rights"], ''Stanford Encyclopedia of Philosophy.'' Retrieved 2/23/08.</ref> Within the [[youth rights movement]], it is believed that the key difference between ''children's'' rights and ''[[youth rights|youth]]'' rights is that children's rights supporters generally advocate the establishment and enforcement of ''protection'' for children and youths, while youth rights (a far smaller movement) generally advocates the expansion of ''freedom'' for children and/or youths and of rights such as [[suffrage]].{{fact|date=February 2008}}


===Parenting and children's rights===
{{See also|Parents' rights movement}}
{{See also|Parents' rights movement}}
⚫
[[Parent]]s affect the lives of children in a unique way, and as such their role in children's rights has to be distinguished in a particular way. Particular issues in the parent/child relationship include [[freedom of choice]], [[corporal punishment]], [[child abuse]] and [[child custody]].<ref>Brownlie, J. and Anderson, S. (2006) "'Beyond Anti-Smacking': Rethinking parent–child relations," ''Childhood. 13''(4) p 479-498.</ref> <ref>Cutting, E. (1999) "Giving Parents a Voice: A Children's Rights Issue," ''Rightlines. 2'' ERIC #ED428855.</ref> There have been theories offered that provide parents with rights-based practices that resolve the tension between "commonsense parenting" and children's rights.<ref>Brennan, S. and Noggle, R. (1997) "The Moral Status of Children: Children's Rights, Parent's Rights, and Family Justice," ''Social Theory and Practice. 23.''</ref> The issue is particularly relevant in legal proceedings affect the potential [[emancipation of minors]], and in cases where children sue their parents.<ref>Kaslow, FW (1990) Children who sue parents: A new form of family homicide? ''Journal of Marital and Family Therapy. 16''(2) p 151–163.</ref>
Parenting is commonly identified as an essential children's right.<ref>See Article 9 of the [[United Nations]] [[Convention on the Rights of the Child]], upon which 192 countries worldwide have signed onto.</ref> This includes the notion that children should not be denied relationships and benefits provided by the relationships and upbringing afforded by their biological parents. The only exception is unless the government must interfere for the purpose of protecting a child from [[Child abuse|parental abuse]] or [[neglect]]. These cases are generally addressed by an immediate judicial review with the caveat that "all interested parties shall be given an opportunity to participate in the proceedings and make their views known".<ref>[http://www.canadiancrc.com/Family_Law/ "Family law - A child's right to a continued relationship with both parents."] Canadian Children's Rights Council. Retrieved March 29, 2008.</ref>


⚫
Children's rights to a relationship with their parents is increasingly recognized as an important factor for determining the [[best interests of the child]] in [[divorce]] and [[child custody]] proceedings. Some governments have enacted laws creating a [[rebuttable presumption]] that [[shared parenting]] is in the [[best interests]] of children.<ref>[http://www.fact.on.ca/ "What is equal shared parenting?"] Fathers Are Capable Too: Parenting Association. Retrieved 2/24/08.</ref>
⚫
[[Parent]]s affect the lives of children in a unique way, and as such their role in children's rights has to be distinguished in a particular way. Particular issues in the child-parent relationship include [[child neglect]], [[child abuse]], [[freedom of choice]], [[corporal punishment]] and [[child custody]].<ref>Brownlie, J. and Anderson, S. (2006) "'Beyond Anti-Smacking': Rethinking parent–child relations," ''Childhood. 13''(4) p 479-498.</ref> <ref>Cutting, E. (1999) "Giving Parents a Voice: A Children's Rights Issue," ''Rightlines. 2'' ERIC #ED428855.</ref> There have been theories offered that provide parents with rights-based practices that resolve the tension between "commonsense parenting" and children's rights.<ref>Brennan, S. and Noggle, R. (1997) "The Moral Status of Children: Children's Rights, Parent's Rights, and Family Justice," ''Social Theory and Practice. 23.''</ref> The issue is particularly relevant in legal proceedings affect the potential [[emancipation of minors]], and in cases where children sue their parents.<ref>Kaslow, FW (1990) Children who sue parents: A new form of family homicide? ''Journal of Marital and Family Therapy. 16''(2) p 151–163.</ref>

⚫
A child's rights to a relationship with both their parents is increasingly recognized as an important factor for determining the [[best interests of the child]] in [[divorce]] and [[child custody]] proceedings. Some governments have enacted laws creating a [[rebuttable presumption]] that [[shared parenting]] is in the [[best interests]] of children.<ref>[http://www.fact.on.ca/ "What is equal shared parenting?"] Fathers Are Capable Too: Parenting Association. Retrieved 2/24/08.</ref>


==Movement==
==Movement==
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However, the opposition to children's rights far outdates any US political administration, with recorded statements against the rights of children dating to the 1600s, the 1200s, and earlier.<ref>Starr, RH (1975) ''Children's Rights: Countering the Opposition.'' Paper presented at the 83rd Annual Meeting of the [[American Psychological Association]] in Chicago, Illinois, Aug. 30-Sept. 3, 1975. ERIC ID# ED121416.</ref> Much of the opposition to children's rights in the United States is currently expressed towards the Convention on the Rights of the Child, with US President [[George W. Bush]] explaining in 2001:
However, the opposition to children's rights far outdates any US political administration, with recorded statements against the rights of children dating to the 1600s, the 1200s, and earlier.<ref>Starr, RH (1975) ''Children's Rights: Countering the Opposition.'' Paper presented at the 83rd Annual Meeting of the [[American Psychological Association]] in Chicago, Illinois, Aug. 30-Sept. 3, 1975. ERIC ID# ED121416.</ref> Much of the opposition to children's rights in the United States is currently expressed towards the Convention on the Rights of the Child, with US President [[George W. Bush]] explaining in 2001:
:"The Convention on the Rights of the Child may be a positive tool for promoting child welfare for those countries that have adopted it. But we believe the text goes too far when it asserts entitlements based on economic, social and cultural rights.... The human rights-based approach... poses significant problems as used in this text."<ref>Anderson, MJ (2001) [ "Bush team signals new U.N. direction, Decries 'erosion of parental authority' in internationalization of family policy"], WorldNetDaily.com. February 02, 2001. Retrieved 2/24/08.</ref>
:"The Convention on the Rights of the Child may be a positive tool for promoting child welfare for those countries that have adopted it. But we believe the text goes too far when it asserts entitlements based on economic, social and cultural rights.... The human rights-based approach... poses significant problems as used in this text."<ref>Anderson, MJ (2001) [ "Bush team signals new U.N. direction, Decries 'erosion of parental authority' in internationalization of family policy"], WorldNetDaily.com. February 02, 2001. Retrieved 2/24/08.</ref>

According to [[Amnesty International]], several conservative religious organizations in the United States oppose the Convention on the Rights of the Child, including the [[Christian Coalition]], [[Concerned Women for America]], [[Eagle Forum]], [[Family Research Council]], [[Focus on the Family]], the [[John Birch Society]], the [[National Center for Home Education]], and the [[Rutherford Institute]].<ref>[http://www.amnestyusa.org/children/crn_faq.html "Frequently Asked Questions about Children's Rights"], Amnesty International USA. Retrieved 2/24/08.</ref>


==International law==
==International law==
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===Enforcement===
===Enforcement===
A variety of enforcement organizations and mechanisms exist to ensure children's rights. They include the Child Rights Caucus for the [[United Nations General Assembly]] Special Session on Children. It was set up to promote full implementation and compliance with the Convention on the Rights of the Child, and to ensure that child rights were given priority during the UN General Assembly Special Session on Children and its Preparatory process. The [[United Nations Human Rights Council]] was created "with the hope that it could be more objective, credible and efficient in denouncing human rights violations worldwide than the highly politicised Commission on Human Rights."
A variety of enforcement organizations and mechanisms exist to ensure children's rights. They include the Child Rights Caucus for the [[United Nations General Assembly]] Special Session on Children. It was set up to promote full implementation and compliance with the Convention on the Rights of the Child, and to ensure that child rights were given priority during the UN General Assembly Special Session on Children and its Preparatory process. The [[United Nations Human Rights Council]] was created "with the hope that it could be more objective, credible and efficient in denouncing human rights violations worldwide than the highly politicised Commission on Human Rights." The NGO Group for the Convention on the Rights of the Child is a coalition of international [[non-governmental organisation]]s originally formed in 1983 to facilitate the implementation of the United Nations Convention on the Rights of the Child.

The [[Child Rights Information Network]] (CRIN), formed in 1983, is the group of 1,600 non-governmental organizations (NGOs) from around the world which advocate for the implementation of the United Nations Convention on the Rights of the Child (UNCRC). NGOs report on the progress of implementation, as do governments that have ratified the Convention, to the United Nations Committee on the Rights of the Child. Periodic reporting every 5 years is required for governments.


Many countries around the world have children's rights [[ombudsman|ombudspeople]] or children's commissioners whose official, governmental duty is to represent the interests of the public by investigating and addressing complaints reported by individual citizens regarding children's rights. Children's ombudspeople can also work for a corporation, a newspaper, an NGO, or even for the general public.
Many countries around the world have children's rights [[ombudsman|ombudspeople]] or children's commissioners whose official, governmental duty is to represent the interests of the public by investigating and addressing complaints reported by individual citizens regarding children's rights. Children's ombudspeople can also work for a corporation, a newspaper, an NGO, or even for the general public.
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{{see|List of articles related to youth rights}}
{{see|List of articles related to youth rights}}
{{MultiCol}}
{{MultiCol}}

* [[Orphan|Abandonment]]
* [[Orphan|Abandonment]]
* [[Adultcentrism]]
* [[Adultcentrism]]
* [[Adultism]]
* [[Adultism]]
* [[ADHD]]
* [[Age of consent]]
* [[Anorexia nervosa]]
* [[Breastfeeding]]
* [[Breastfeeding]]
* [[Bullying]]
* [[Capital punishment]]
* [[Capital punishment]]
* [[Child abandonment]]
* [[Refugee|Child refugees]]
* [[Refugee|Child refugees]]
⚫
* [[Corporal punishment]]
* [[Child advocacy]]
* [[Child advocacy]]
* [[Child Identity Rights]]
* [[Child camel jockeys]]
* [[Child camel jockeys]]
* [[Child laundering]]
* [[Child laundering]]
* [[Child labour]]
* [[Child labour]]
* [[Child pornography]]
* [[Child pornography]]
* [[Child Relationship Rights]]
* [[Prostitution of children|Child prostitution]]
* [[Prostitution of children|Child prostitution]]
* [[Children's rights in Islam]]
* [[Children's rights in Islam]]
⚫
* [[Corporal punishment]]
* [[Cultural rights]]
* [[Cultural rights]]
* [[Decision making]]
* [[Decision making]]
* [[Education]]
* [[Education]]
* [[Evolving capacities]]
* [[Evolving capacities]]
* [[Family rights]]
* [[Fathers' rights movement]]
* [[Fathers' rights movement]]
{{ColBreak}}
{{ColBreak}}
* [[Fear of childbirth]]
* [[Fear of childbirth]]
* [[Fear of children]]
* [[Fear of children]]
* [[Fetal rights]]
* [[Freedom of expression]]
* [[Freedom of expression]]
* [[Freedom of speech]]
* [[Freedom of speech]]
* [[Freedom of thought]]
* [[Freedom of thought]]
* [[Genital integrity]]
* [[Genital integrity]]
* [[Genital mutilation]]
* [[Health care politics#Right to Health Care|Health care]]
* [[Health care politics#Right to Health Care|Health care]]
* [[Healthy diet]]
* [[Healthy diet]]
* [[Street children|Homelessness]]
* [[Street children|Homelessness]]
* [[Identity rights]]
* [[Incarceration]]
* [[Incarceration]]
* [[Infanticide]]
* [[Juvenile court]]
* [[Juvenile court]]
* [[Military use of children]]
* [[Military use of children]]
* [[Parental alienation]]
* [[Parents' rights movement]]
* [[Parents' rights movement]]
* [[Paternity fraud]]
* [[Paternity fraud]]
* [[Paternity testing]]
* [[Play (activity)|Play]]
* [[Play (activity)|Play]]
* [[Pregnant patients' rights]]
* [[Pregnant patients' rights]]
* [[Relationship rights]]
* [[Reproductive rights]]
* [[Reproductive rights]]
* [[Right to work]]
* [[Right to work]]
* [[Shaken baby syndrome]]
* [[Smoking]]
* [[Standard of living]]
* [[Standard of living]]
{{ColBreak}}
{{ColBreak}}
* [[Student rights]]
* [[Student rights]]
* [[Teen courts]]
* [[Teen courts]]
* [[Teenage pregnancy]]
* [[Trafficking of children]]
* [[Trafficking of children]]
* [[Youth participation]]
* [[Youth participation]]
* [[Youth rights]]
* [[Youth rights]]
* [[Youth suicide]]
* [[Youth suffrage]]
* [[Youth suffrage]]
* [[Youth voice]]
* [[Youth voice]]

Revision as of 20:59, 1 April 2008

Rights
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young.[1] Definitions of children's rights range from allowing children to do whatever they wish to the enforcement of children being physically, mentally and emotionally free from abuse. Other definitions include the rights to care and nurturing.[2]

"A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier."[3] According to Cornell University, a child is a person, not a subperson, and the parent has absolute interest and possession of the child. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children.[4] There are no definitions of other terms used to describe young people such as "adolescents", "teenagers" ,or "youth" in international law.[5]

The field of children's rights spans the fields of law, politics, religion, and morality.

Rationale

A boy working as a "clock boy" on the streets of Merida, Mexico.

As minors by law children do not have autonomy or the right to make decisions on their own for themselves. Instead their adult caregivers, including parents, social workers, teachers, youth workers and others, are vested with that authority depending on the circumstance the child is in.[6] As applied to children these legal apparatuses are termed as "Repressive State Apparatuses," a concept which was originally coined by Louis Althusser.[7]

Research has found that because of these legal structures children themselves feel powerless and with little control over their own lives, and believe that the power of this structure, as opposed to their age or developmental ability, causes them to be vulnerable.[8] Structures such as government policy have been found to mask the ways adults abuse and exploit children, resulting in child poverty, lack of educational opportunities, and child labor. Research has also identified children as a minority group towards whom society needs to reconsider the way it behaves.[9]

Researchers have identified children as needing to be recognized as participants in society whose rights and responsibilities need to be recognized at all ages.[10]

Historic definitions of children's rights

Consensus on defining children's rights has become clearer in the last twenty years.[11] A 1973 publication by Hillary Clinton (then an attorney, later U.S. First Lady, Senator and presidential candidate) stated that children's rights were a "slogan in need of a definition".[12]

Children’s rights law is defined as the point where the law intersects with a child’s life. According to the Harvard Law School, children's rights law includes juvenile delinquency, due process for children involved in the criminal justice system, appropriate representation, and effective rehabilitative services; care and protection for children in state care; ensuring education for all children regardless of their origin, race, gender, disabilities, or abilities, and; health care and advocacy.[13]

Types of rights

Children's rights are defined in numerous ways, including a wide spectrum of civil, cultural, economic, social and political rights. A Canadian organization categorizes children's rights into three categories, including:

In a similar fashion, the Children's Rights Information Network categorizes rights into two groups, including:[16] [17]

  • Economic, social and cultural rights, related to the conditions necessary to meet basic human needs such as food, shelter, education, health care, and gainful employment. Included are rights to education, adequate housing, food, water, the highest attainable standard of health, the right to work and rights at work, as well as the cultural rights of minorities and indigenous peoples.
  • Environmental, cultural and developmental rights, which are sometimes called "third generation rights," and including the right to live in safe and healthy environments and that groups of people have the right to cultural, political, and economic development.

Amnesty International openly advocates four particular children's rights, including the end to juvenile incarceration without parole, an end to the recruitment of military use of children, ending the death penalty for people under 21, encouraging the enforcement of the Convention on the Rights of the Child, and raising awareness of human rights in the classroom.[18] Human Rights Watch, an international advocacy organization, includes child labor, juvenile justice, orphans and abandoned children, refugees, street children and corporal punishment.[19]

Scholarly study generally focuses children's rights by identifying individual rights. The following rights "allow children to grow up healthy and free":[20]

Other issues affecting children's rights include the sale of children, child prostitution and child pornography.

Difference between children's rights and youth rights

Main article: Youth rights

"In the majority of jurisdictions, for instance, children are not allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment."[21] Within the youth rights movement, it is believed that the key difference between children's rights and youth rights is that children's rights supporters generally advocate the establishment and enforcement of protection for children and youths, while youth rights (a far smaller movement) generally advocates the expansion of freedom for children and/or youths and of rights such as suffrage.[citation needed]

Parenting and children's rights

See also: Parents' rights movement

Parents affect the lives of children in a unique way, and as such their role in children's rights has to be distinguished in a particular way. Particular issues in the parent/child relationship include freedom of choice, corporal punishment, child abuse and child custody.[22] [23] There have been theories offered that provide parents with rights-based practices that resolve the tension between "commonsense parenting" and children's rights.[24] The issue is particularly relevant in legal proceedings affect the potential emancipation of minors, and in cases where children sue their parents.[25]

Children's rights to a relationship with their parents is increasingly recognized as an important factor for determining the best interests of the child in divorce and child custody proceedings. Some governments have enacted laws creating a rebuttable presumption that shared parenting is in the best interests of children.[26]

Movement

Main article: Children's rights movement

The 1796 publication of Thomas Spence's The Rights of Infants is among the earliest English-language assertions of the rights of children. Throughout the 1900s children's rights activists organized for homeless childrens' rights and public education. The 1927 publication of The Child's Right to Respect by Janusz Korczak strengthened the literature surrounding the field, and today dozens of international organizations are working around the world to promote children's rights.

Opposition

Opponents to children's rights believe that young people need to be protected from the adultcentric world, including the decisions and responsibilities of that world.[27] In the dominate adult society, childhood is idealized as a time of innocence, a time free of responsibility and conflict, and a time dominated by play.[28] The majority of opposition stems from concerns related to national sovereignty, states' rights, the parent-child relationship.[29] Financial constraints and the "undercurrent of traditional values in opposition to children's rights" are cited, as well.[30]

However, the opposition to children's rights far outdates any US political administration, with recorded statements against the rights of children dating to the 1600s, the 1200s, and earlier.[31] Much of the opposition to children's rights in the United States is currently expressed towards the Convention on the Rights of the Child, with US President George W. Bush explaining in 2001:

"The Convention on the Rights of the Child may be a positive tool for promoting child welfare for those countries that have adopted it. But we believe the text goes too far when it asserts entitlements based on economic, social and cultural rights.... The human rights-based approach... poses significant problems as used in this text."[32]

According to Amnesty International, several conservative religious organizations in the United States oppose the Convention on the Rights of the Child, including the Christian Coalition, Concerned Women for America, Eagle Forum, Family Research Council, Focus on the Family, the John Birch Society, the National Center for Home Education, and the Rutherford Institute.[33]

International law

The Universal Declaration of Human Rights is seen as a basis for all international legal standards for children's rights today. There are several conventions and laws that addressing children's rights around the world. A number of current and historical documents affect those rights. The United Nations' 1989 Convention on the Rights of the Child is one such document, and is monitored by the Committee on the Rights of the Child. The USA and Somalia are the only countries which have failed to ratify that agreement.[34] The 1923 Declaration of the Rights of the Child, endorsed by the League of Nations was adopted by the UN in 1946, and was the basis for rewriting the later Convention.

Enforcement

A variety of enforcement organizations and mechanisms exist to ensure children's rights. They include the Child Rights Caucus for the United Nations General Assembly Special Session on Children. It was set up to promote full implementation and compliance with the Convention on the Rights of the Child, and to ensure that child rights were given priority during the UN General Assembly Special Session on Children and its Preparatory process. The United Nations Human Rights Council was created "with the hope that it could be more objective, credible and efficient in denouncing human rights violations worldwide than the highly politicised Commission on Human Rights." The NGO Group for the Convention on the Rights of the Child is a coalition of international non-governmental organisations originally formed in 1983 to facilitate the implementation of the United Nations Convention on the Rights of the Child.

Many countries around the world have children's rights ombudspeople or children's commissioners whose official, governmental duty is to represent the interests of the public by investigating and addressing complaints reported by individual citizens regarding children's rights. Children's ombudspeople can also work for a corporation, a newspaper, an NGO, or even for the general public.

United States law

Children are generally afforded the basic rights embodied by the Constitution, as enshrined by the Fourteenth Amendment to the United States Constitution. The Equal Protection Clause of that amendment is to apply to children, born within a marriage or not, but excludes children not yet born.[35] This was reinforced by the landmark US Supreme Court decision of In re Gault. In this trial 15-year-old Gerald Gault of Arizona was taken into custody by local police after being accused of making an obscene telephone call. He was detained and committed to the Arizona State Industrial School until he reached the age of 21 for making an obscene phone call to an adult neighbor. In an 8-1 decision, the Court ruled that in hearings which could result in commitment to an institution, people under the age of 18 have the right to notice and counsel, to question witnesses, and to protection against self-incrimination. The Court found that the procedures used in Gault's hearing met none of these requirements.[36]

There are other concerns in the United States regarding children's rights. The American Academy of Adoption Attorneys is concerned with children's rights to a safe, supportive and stable family structure. Their position on children's rights in adoption cases states that, "children have a constitutionally based liberty interest in the protection of their established families, rights which are at least equal to, and we believe outweigh, the rights of others who would claim a 'possessory' interest in these children."[37] Other issues raised in American children's rights advocacy include children's rights to inheritance in same-sex marriages and particular rights for youth.

See also

Issues

Further information: List of articles related to youth rights

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Children's rights organizations

Further information: List of children's rights organizations by country
Further information: Category:Children's rights bodies

References

  1. ^ "Children's Rights", Amnesty International. Retrieved 2/23/08.
  2. ^ Bandman, B. (1999) Children's Right to Freedom, Care, and Enlightenment. Routledge. p 67.
  3. ^ (1989) "Convention on the Rights of the Child", United Nations. Retrieved 2/23/08.
  4. ^ "Children's Rights", Cornell University Law School. Retrieved 2/23/08.
  5. ^ "Children and youth", Human Rights Education Association. Retrieved 2/23/08.
  6. ^ Lansdown, G. "Children's welfare and children's rights," in Hendrick, H. (2005) Child Welfare And Social Policy: An Essential Reader. The Policy Press. p. 117
  7. ^ Jenks, C. (1996) "Conceptual limitations," Childhood. New York: Routledge. p 43.
  8. ^ Lansdown, G. (1994). "Children's rights," in B. Mayall (ed.) Children's childhood: Observed and experienced. London: The Falmer Press. p 33.
  9. ^ Thorne, B. (1987) "Re-Visioning Women and Social Change: Where Are the Children?" Gender & Society 1(1) p. 85–109.
  10. ^ Lansdown, G. (1994). "Children's rights," in B. Mayall (ed.) Children's childhood: Observed and experienced. London: The Falmer Press. p 34.
  11. ^ Franklin, B. (2001) The new handbook of children's rights: comparative policy and practice. Routledge. p 19.
  12. ^ Rodham, H. (1973). "Children Under the Law". Harvard Educational Review 43: 487–514.
  13. ^ Ahearn, D., Holzer, B. with Andrews, L. (2000, 2007) Children's Rights Law: A Career Guide. Harvard Law School. Retrieved 2/23/08.
  14. ^ "Respecting children's rights at home", Children and Families in Canada. Retrieved 2/23/08.
  15. ^ (1997) "Children's rights in the Canadian context", Interchange. 8(1-2). Springer.
  16. ^ "A-Z of Children's Rights", Children's Rights Information Network. Retrieved 2/23/08.
  17. ^ Freeman, M. (2000) "The Future of Children's Rights," Children & Society. 14(4) p 277-93.
  18. ^ "Children's Rights", Amnesty International. Retrieved 2/23/08.
  19. ^ "Children's Rights", Human Rights Watch. Retrieved 2/23/08.
  20. ^ Calkins, C.F. (1972) "Reviewed Work: Children's Rights: Toward the Liberation of the Child by Paul Adams", Peabody Journal of Education. 49(4). p. 327.
  21. ^ "Children's Rights", Stanford Encyclopedia of Philosophy. Retrieved 2/23/08.
  22. ^ Brownlie, J. and Anderson, S. (2006) "'Beyond Anti-Smacking': Rethinking parent–child relations," Childhood. 13(4) p 479-498.
  23. ^ Cutting, E. (1999) "Giving Parents a Voice: A Children's Rights Issue," Rightlines. 2 ERIC #ED428855.
  24. ^ Brennan, S. and Noggle, R. (1997) "The Moral Status of Children: Children's Rights, Parent's Rights, and Family Justice," Social Theory and Practice. 23.
  25. ^ Kaslow, FW (1990) Children who sue parents: A new form of family homicide? Journal of Marital and Family Therapy. 16(2) p 151–163.
  26. ^ "What is equal shared parenting?" Fathers Are Capable Too: Parenting Association. Retrieved 2/24/08.
  27. ^ DeLamater, J.D. (2003) Handbook of Social Psychology. Springer. p 150.
  28. ^ Lansdown, G. (1994). "Children's rights," in B. Mayall (ed.) Children's childhood: Observed and experienced. London: The Falmer Press. (p 33-34).
  29. ^ "Frequently Asked Questions about Children's Rights", Amnesty International USA. Retrieved 2/24/08.
  30. ^ Covell, K. and Howe, R.B. (2001) The Challenge of Children's Rights for Canada. Wilfrid Laurier University Press. p 158.
  31. ^ Starr, RH (1975) Children's Rights: Countering the Opposition. Paper presented at the 83rd Annual Meeting of the American Psychological Association in Chicago, Illinois, Aug. 30-Sept. 3, 1975. ERIC ID# ED121416.
  32. ^ Anderson, MJ (2001) [ "Bush team signals new U.N. direction, Decries 'erosion of parental authority' in internationalization of family policy"], WorldNetDaily.com. February 02, 2001. Retrieved 2/24/08.
  33. ^ "Frequently Asked Questions about Children's Rights", Amnesty International USA. Retrieved 2/24/08.
  34. ^ Arts, K. and Popovski, V. (2006) International Criminal Accountability and the Rights of Children. Cambridge Press.
  35. ^ "Children's Rights", Cornell University Law School. Retrieved 2/23/08.
  36. ^ "Children's Rights Under the Constitution Discussed at the National Constitution Center," Retrieved 2/27/08.
  37. ^ AAAA Position on Children's Rights in Adoption. Retrieved 2/27/08.
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