A majority, also called a simple majority or absolute majority to distinguish it from #Related terms, related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webster
Convention on the Rights of the Child
G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990. Children's rights includes their right to association with both parent
A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where "child" refers to offspring, not necessarily age). A ''biological parent'' is a person whose gamete resulted in a child, a male t ...
s, human identity as well as the basic needs for physical protection, food, universal state-paid education, health care, and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
, and freedom from discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
on the basis of the child's race
Race, RACE or "The Race" may refer to:
* Race (biology), an informal taxonomic classification within a species, generally within a sub-species
* Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
, gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures u ...
, sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
, gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
, national origin
National origin is the nation where a person was born, or where that person's ancestors came from. It also includes the diaspora of multi-ethnic states and societies that have a shared sense of common identity identical to that of a nation while ...
, religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
, disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, dev ...
, color
Color (American English) or colour (British English) is the visual perceptual property deriving from the spectrum of light interacting with the photoreceptor cells of the eyes. Color categories and physical specifications of color are associ ...
, ethnicity
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...
, or other characteristics. Interpretations of children's rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
, though what constitutes "abuse" is a matter of debate. Other definitions include the rights to care and nurturing. There are no definitions of other terms used to describe young people such as " adolescents", "teenagers", or "youth
Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood ( maturity), but it can also refer to one's peak, in terms of health or the period of life known as being a young adult. You ...
" in international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
, but the children's rights movement is considered distinct from the youth rights
The youth rights movement (also known as youth liberation) seeks to grant the rights to young people that are traditionally reserved for adults, due to having reached a specific age or sufficient maturity. This is closely akin to the notion ...
movement. The field of children's rights spans the fields of law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, politics
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
, religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
, and morality
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of cond ...
.
Justifications
As minors by law, children do not have autonomy or the right to make decisions on their own for themselves in any known jurisdiction of the world. Instead their adult caregivers, including parent
A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where "child" refers to offspring, not necessarily age). A ''biological parent'' is a person whose gamete resulted in a child, a male t ...
s, social worker
Social work is an academic discipline and practice-based profession concerned with meeting the basic needs of individuals, families, groups, communities, and society as a whole to enhance their individual and collective well-being. Social work ...
s, teacher
A teacher, also called a schoolteacher or formally an educator, is a person who helps students to acquire knowledge, competence, or virtue, via the practice of teaching.
''Informally'' the role of teacher may be taken on by anyone (e.g. whe ...
s, youth worker
A Youth worker is a person that works with young people to facilitate their personal, social and educational development through informal education, care (e.g. preventive) or leisure approaches. All types of educative approaches are not ethical for ...
s, and others, are vested with that authority, depending on the circumstances. Some believe that this state of affairs gives children insufficient control over their own lives and causes them to be vulnerable. Louis Althusser
Louis Pierre Althusser (, ; ; 16 October 1918 – 22 October 1990) was a French Marxist philosopher. He was born in Algeria and studied at the École normale supérieure in Paris, where he eventually became Professor of Philosophy.
Althusser ...
has gone so far as to describe this legal machinery, as it applies to children, as "repressive state apparatuses".
Structures such as government policy have been held by some commentators to mask the ways adults abuse and exploit children, resulting in child poverty
Child poverty refers to the state of children living in poverty and applies to children from poor families and orphans being raised with limited or no state resources. UNICEF estimates that 356 million children live in extreme poverty. It's estima ...
, lack of educational opportunities, and child labour
Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such e ...
. On this view, children are to be regarded as a minority group
The term 'minority group' has different usages depending on the context. According to its common usage, a minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number o ...
towards whom society needs to reconsider the way it behaves.
Researchers have identified children as needing to be recognized as participants in society whose rights and responsibilities need to be recognized at all ages
''All Ages'' is a compilation album by the American punk rock band Bad Religion. It was released on July 26, 1995, through Epitaph Records. The compilation contains songs from ''How Could Hell Be Any Worse?'' to ''Generator'', and two live track ...
.
Historic definitions of children's rights
Sir William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the '' Commentaries on the Laws of England''. Born into a middle-class family ...
(1765-9) recognized three parental duties to the child: maintenance, protection, and education.[Blackstone's ''Commentaries on the Laws of England'', Book One]
Chapter Sixteen
(1765-1769). In modern language, the child has a right to receive these from the parent.
The League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
adopted the ''Geneva Declaration of the Rights of the Child'' (1924), which enunciated the child's right to receive the requirements for normal development, the right of the hungry child to be fed, the right of the sick child to receive health care, the right of the backward child to be reclaimed, the right of orphans to shelter, and the right to protection from exploitation.[Geneva Declaration of the Rights of the Child of 1924](_blank)
adopted Sept. 26, 1924, League of Nations O.J. Spec. Supp. 21, at 43 (1924).
The United Nations Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
(1948) in Article 25(2) recognized the need of motherhood and childhood to "special protection and assistance" and the right of all children to "social protection".
The United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
adopted the ''United Nations Declaration of the Rights of the Child
The Declaration of the Rights of the Child, sometimes known as the Geneva Declaration of the Rights of the Child, is an international document promoting child rights, drafted by Eglantyne Jebb and adopted by the League of Nations in 1924, and adop ...
'' (1959), which enunciated ten principles for the protection of children's rights, including the universality of rights, the right to special protection, and the right to protection from discrimination, among other rights.[Declaration of the Rights of the Child](_blank)
G.A. res. 1386 (XIV), 14 U.N. GAOR Supp. (No. 16) at 19, U.N. Doc. A/4354 (1959).
Consensus on defining children's rights has become clearer in the last fifty years. A 1973 publication by Hillary Clinton
Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
(then an attorney) stated that children's rights were a "slogan in need of a definition". According to some researchers, the notion of children’s rights is still not well defined, with at least one proposing that there is no singularly accepted definition or theory of the rights held by children.[Mangold, S.V. (2002]
"Transgressing the Border Between Protection and Empowerment for Domestic Violence Victims and Older Children: Empowerment as Protection in the Foster Care System,"
New England School of Law. Retrieved 4/3/08.
Children’s rights law is defined as the point where the law intersects with a child's life. That includes juvenile delinquency
Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. In the United States of America, a juvenile delinquent is a person ...
, due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
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 race
Race, RACE or "The Race" may refer to:
* Race (biology), an informal taxonomic classification within a species, generally within a sub-species
* Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
, gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures u ...
, sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
, gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
, national origin
National origin is the nation where a person was born, or where that person's ancestors came from. It also includes the diaspora of multi-ethnic states and societies that have a shared sense of common identity identical to that of a nation while ...
, religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
, disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, dev ...
, color
Color (American English) or colour (British English) is the visual perceptual property deriving from the spectrum of light interacting with the photoreceptor cells of the eyes. Color categories and physical specifications of color are associ ...
, ethnicity
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...
, or other characteristics, and; health care and advocacy.
Classification
Children have two types of human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
under international human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
. They have the same fundamental general human rights as adults, although some human rights, such as the ''right to marry'', are dormant until they are of age, Secondly, they have special human rights that are necessary to protect them during their minority.[UNICEF]
Convention on the Rights of the Child
, 29 November 2005. General rights operative in childhood include the ''right to security of the person'', ''to freedom from inhuman, cruel, or degrading treatment'', and the ''right to special protection during childhood''. Particular human rights of children include, among other rights, the ''right to life'', the ''right to a name'', the ''right to express his views in matters concerning the child'', the ''right to freedom of thought, conscience and religion'', the ''right to health care
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the U ...
'', the ''right to protection from economic and sexual exploitation
Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor, reducing a person to a s ...
'', and the ''right to education''.
Children's rights are defined in numerous ways, including a wide spectrum of civil, political, economic, social and cultural rights
Economic, social and cultural rights, (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econ ...
. Rights tend to be of two general types: those advocating for children as autonomous persons under the law and those placing a claim on society for protection from harms perpetrated on children because of their dependency. These have been labeled as the ''right of empowerment
Empowerment is the degree of autonomy and self-determination in people and in communities. This enables them to represent their interests in a responsible and self-determined way, acting on their own authority. It is the process of becoming strong ...
'' and as the ''right to protection''.
United Nations educational guides for children classify the rights outlined in the Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
as the "3 Ps": Provision, Protection, and Participation. They may be elaborated as follows:
* Provision: Children have the right to an adequate standard of living
The right to an adequate standard of living is a fundamental human right. It is part of the Universal Declaration of Human Rights that was accepted by the General Assembly of the United Nations on December 10, 1948.United Nations''Universal Decla ...
, health care
Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...
, education
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...
and services, and to play
Play most commonly refers to:
* Play (activity), an activity done for enjoyment
* Play (theatre), a work of drama
Play may refer also to:
Computers and technology
* Google Play, a digital content service
* Play Framework, a Java framework
* Pla ...
and recreation
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasur ...
. These include a balanced diet
A healthy diet is a diet that maintains or improves overall health. A healthy diet provides the body with essential nutrition: fluid, macronutrients such as protein, micronutrients such as vitamins, and adequate fibre and food energy.
A healt ...
, a warm bed to sleep in, and access to schooling
A school is an educational institution designed to provide learning spaces and learning environments for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is sometimes compuls ...
.
* Protection: Children have the right to protection from abuse
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
, 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 Evolving capacities is the concept in which education, child development and youth development programs led by adults take into account the capacities of the child or youth to exercise rights on their own behalf. It is also directly linked to the r ...
of children.
* Participation: Children have the right to participate in communities and have programs and services for themselves. This includes children's involvement in libraries and community programs, youth voice
Youth voice refers to the distinct ideas, opinions, attitudes, knowledge, and actions of young people as a collective body. The term youth voice often groups together a diversity of perspectives and experiences, regardless of backgrounds, identit ...
activities, and involving children as decision-makers.
In a similar fashion, the Child Rights International Network Child Rights International Network (CRIN) is an international network that supports the United Nations Convention on the Rights of the Child (CRC) and child rights. The network's goal is to advocate for children's rights and enforce them globally.
...
(CRIN) categorizes rights into two groups:
* 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
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
, the right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized i ...
and rights at work, as well as the cultural rights
The cultural rights movement has provoked attention to protect the rights of groups of people, or their culture, in similar fashion to the manner in which the human rights movement has brought attention to the needs of individuals throughout t ...
of minorities and indigenous peoples.
* Environmental, cultural and developmental rights, which are sometimes called "third generation rights
The division of human rights into three generations was initially proposed in 1979 by the Czech people, Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977. Vas ...
", 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
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
openly advocates four particular children's rights, including the end to juvenile incarceration without parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
, an end to the recruitment of military use of children
Children (defined by the Convention on the Rights of the Child as people under the age of 18) have been recruited for participation in military operations and campaigns throughout history and in many cultures.
Children in the military, includ ...
, ending the death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
for people under 21, and raising awareness of human rights in the classroom. Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, an international advocacy organization, includes child labour
Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such e ...
, juvenile justice
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal s ...
, orphan
An orphan (from the el, ορφανός, orphanós) is a child whose parents have died.
In common usage, only a child who has lost both parents due to death is called an orphan. When referring to animals, only the mother's condition is usuall ...
s and abandoned children, refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution. s, street children
Street children are poor or homeless children who live on the streets of a city, town, or village. Homeless youth are often called street kids or street child; the definition of street children is contested, but many practitioners and policym ...
and corporal punishment.
Scholarly study generally focuses children's rights by identifying individual rights. The following rights "allow children to grow up healthy and free":
* Freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
* Freedom of thought
Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.
Overview
Every person attempts to have a cognitive proficiency by ...
* Freedom from fear
Freedom from fear is listed as a fundamental human right according to The Universal Declaration of Human Rights. On January 6, 1941, United States President Franklin D. Roosevelt called it one of the "Four Freedoms" at his State of the Union, whi ...
* Freedom of choice
Freedom of choice describes an individual's opportunity and autonomy to perform an action selected from at least two available options, unconstrained by external parties.
In politics
In the abortion debate, for example, the term "freedom of ch ...
and the right to make decisions
* Ownership over one's body
Physical rights
A report by the Committee on Social Affairs, Health, and Sustainable Development of the Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law.
The Assembly is made up o ...
identified several areas the Committee was concerned about, including procedures such as "female genital mutilation, the circumcision of young boys for religious reasons, early childhood medical interventions in the case of intersex
Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bina ...
children and the submission to or coercion of children into piercings, tattoos or plastic surgery".[Committee on Social Affairs, Health and Sustainable Development]
''Children's Right to Physical Integrity''
Doc. 13297. Parliamentary Assembly of the Council of Europe, 6 September 2013. The Assembly adopted a non-binding resolution in 2013 that calls on its 47 member-states to take numerous actions to promote the physical integrity of children.[Parliamentary Assembly of the Council of Europe. ]
Children's Right to Physical Integrity
', Resolution 1952., Adopted at Strasbourg, Tuesday, 1 October 2013.
Article 19 of the Convention on the Rights of the Child enjoins parties to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation". The Committee on the Rights of the Child
The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child.
The Committee also monitors the Convention's three optional protoco ...
interprets article 19 as prohibiting corporal punishment, commenting on the "obligation of all States Party to move quickly to prohibit and eliminate all corporal punishment." The United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
has also interpreted Article 7 of the International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
prohibiting "cruel, inhuman or degrading treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
or punishment" to extend to children, including corporal punishment of children.
Newell (1993) argued that "...pressure for protection of children's physical integrity should be an integral part of pressure for all children's rights."
The Committee on Bioethics of the American Academy of Pediatrics
The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C.
Background
The Academy was founded ...
(AAP) (1997), citing the Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
(1989), asserts that "every child should have the opportunity to grow and develop free from preventable illness or injury."[ reaffirmed May 2009.]
Other issues
Other issues affecting children's rights include the military use of children
Children (defined by the Convention on the Rights of the Child as people under the age of 18) have been recruited for participation in military operations and campaigns throughout history and in many cultures.
Children in the military, includ ...
, sale of children, child prostitution
Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent.
In most jurisdictions, child ...
and child pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a chi ...
.
Difference between children's rights and 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. Within the youth rights movement
The youth rights movement (also known as youth liberation) seeks to grant the rights to young people that are traditionally reserved for adults, due to having reached a specific age or sufficient maturity. This is closely akin to the notion o ...
, it is believed that the key difference between ''children's'' rights and ''youth
Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood ( maturity), but it can also refer to one's peak, in terms of health or the period of life known as being a young adult. You ...
'' 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
Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
.
Parental powers
Parents are given sufficient powers to fulfill their duties to the child.
Parent
A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where "child" refers to offspring, not necessarily age). A ''biological parent'' is a person whose gamete resulted in a child, a male t ...
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
A form of child abuse, child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physica ...
, child abuse
Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
, freedom of choice
Freedom of choice describes an individual's opportunity and autonomy to perform an action selected from at least two available options, unconstrained by external parties.
In politics
In the abortion debate, for example, the term "freedom of ch ...
, corporal punishment and child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
. There have been theories offered that provide parents with rights-based practices that resolve the tension between "commonsense parenting" and children's rights. The issue is particularly relevant in legal proceedings that affect the potential emancipation of minors
Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are norm ...
, and in cases where children sue their parents.
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
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that “in all actions concerning children, whether undertaken by public or private ...
in divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
and child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
proceedings. Some governments have enacted laws creating a rebuttable presumption
In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed inn ...
that shared parenting
Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ...
is in the best interests
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that “in all actions concerning children, whether undertaken by public or private ...
of children.
Limitations of parental powers
Parents do not have absolute power over their children. Parents are subject to criminal laws against abandonment, abuse, and neglect of children. International human rights law provides that manifestation of one's religion may be limited in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Courts have placed other limits on parental powers and acts. The Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, in the case of ''Prince v. Massachusetts
''Prince v. Massachusetts'', 321 U.S. 158 (1944), was a case in which the Supreme Court of the United States held that the government has broad authority to regulate the actions and treatment of children. Parental authority is not absolute and ca ...
'', ruled that a parent's religion does not permit a child to be placed at risk. The Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
ruled, in the case of ''Gillick v West Norfolk and Wisbech Area Health Authority and another'', that parental rights diminish with the increasing age and competency of the child, but do not vanish completely until the child reaches majority. Parental rights are derived from the parent's duties to the child. In the absence of duty, no parental right exists.[Peter W. Adler]
Is circumcision legal?
16(3) Richmond J. L. & Pub. Int 439-86 (2013).
The Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled, in the case of ''E (Mrs) v Eve
''E (Mrs) v Eve'', 9862 S.C.R. 388 is a judgment by the Supreme Court of Canada regarding a mother's request for the consent of the court to have her disabled daughter sterilized. This was a landmark case which is influential in Canadian legal de ...
'', that parents may not grant surrogate consent for non-therapeutic sterilization. The Supreme Court of Canada has ruled, in the case of ''B. (R.) v. Children's Aid Society of Metropolitan Toronto'':
While children undeniably benefit from the Charter, most notably in its protection of their rights to life and to the security of their person, they are unable to assert these rights, and our society accordingly presumes that parents will exercise their freedom of choice in a manner that does not offend the rights of their children.
Adler (2013) argues that parents are not empowered to grant surrogate consent for non-therapeutic circumcision of children.
Movement
The 1796 publication of Thomas Spence
Thomas Spence ( 17508 September 1814) was an English RadicalProperty in Land Every One's Rightin 1775. It was re-issued as ''The Real Rights of Man'' in later editions. It was also reissued by, amongst others, Henry Hyndman under the title o ...
's ''Rights of Infants
Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
'' is among the earliest English-language assertions of the rights of children. Throughout the 20th century, children's rights activists organized for homeless children's rights and public education
State schools (in England, Wales, Australia and New Zealand) or public schools (Scottish English and North American English) are generally primary or secondary schools that educate all students without charge. They are funded in whole or in pa ...
. The 1927 publication of ''The Child's Right to Respect
''The'' () is a grammatical article in English, denoting persons or things that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in En ...
'' by Janusz Korczak
Janusz Korczak, the pen name of Henryk Goldszmit (22 July 1878 or 1879 – 7 August 1942), was a Polish Jewish educator, children's author and pedagogue known as ''Pan Doktor'' ("Mr. Doctor") or ''Stary Doktor'' ("Old Doctor"). After spending ma ...
strengthened the literature surrounding the field, and today dozens of international organizations are working around the world to promote children's rights. In the UK the formation of a community of educationalists, teachers, youth justice workers, politicians and cultural contributors called the New Ideals in Education Conferences (1914–37) stood for the value of 'liberating the child' and helped to define the 'good' primary school in England until the 80s. Their conferences inspired the UNESCO organisation, the New Education Fellowship.
A.S. Neill's 1915 book ''A Dominie's Log
A.S. Neill's ''A Dominie's Log'' is a diary of his first year as headteacher at Gretna Green Village School, during 1914-15. It is an autobiographical novel. He changed a hard working, academic school controlled by corporal punishment and the fear ...
'' (1915), a diary of a headteacher changing his school to one based on the liberation and happiness of the child, can be seen as a cultural product that celebrates the heroes of this movement.
Opposition
The opposition to children's rights long predates any current trend in society, with recorded statements against the rights of children dating to the 13th century and earlier. 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. In a dominantly adult society, childhood is idealized as a time of innocence, a time free of responsibility and conflict, and a time dominated by play. The majority of opposition stems from concerns related to national sovereignty
Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the Un ...
, states' rights
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the ...
, the parent-child relationship. Financial constraints and the "undercurrent of traditional values in opposition to children's rights" are cited, as well. The concept of children's rights has received little attention in the United States.
International human rights law
The Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
is seen as a basis for all international legal standards for children's rights today. There are several conventions and laws that address children's rights around the world. A number of current and historical documents affect those rights, including the Declaration of the Rights of the Child
The Declaration of the Rights of the Child, sometimes known as the Geneva Declaration of the Rights of the Child, is an international document promoting child rights, drafted by Eglantyne Jebb and adopted by the League of Nations in 1924, and adop ...
, drafted by Eglantyne Jebb
Eglantyne Jebb (25 August 1876 – 17 December 1928) was a British social reformer who founded the Save the Children organisation at the end of the First World War to relieve the effects of famine in Austria-Hungary and Germany. She drafted th ...
in 1923, endorsed by the League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
in 1924 and reaffirmed in 1934. A slightly expanded version was adopted by the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
in 1946, followed by a much expanded version adopted by the General Assembly in 1959. It later served as the basis for the Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
.
International Covenant on Civil and Political Rights
The United Nations adopted the International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
(ICCPR) in 1966. The ICCPR is a multilateral international covenant that has been ratified or acceded to by nearly all nations on Earth. Nations which have become state-parties to the Covenant are required to honor and enforce the rights enunciated by the Covenant. The treaty came into effect on 23 March 1976. The rights codified by the ICCPR are universal, so they apply to everyone without exception and this includes children. Although children have all rights, some rights such as the right to marry and the right to vote come into effect only after the child reaches maturity.
Some general rights applicable to children include:
* the right to life
* the right to security of person
* the right to freedom from torture
* the right to freedom from cruel, inhuman or degrading treatment or punishment
* the right to be separated from adults when charged with a crime, the right to speedy adjudication, and the right to be accorded treatment appropriate to their age
Article 24 codifies the right of the child to special protection due to his minority, the right to a name, and the right to a nationality.
Convention on the Rights of the Child
The United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
' 1989 Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
, or CRC, is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. Its implementation is monitored by the Committee on the Rights of the Child
The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child.
The Committee also monitors the Convention's three optional protoco ...
. National governments that ratify
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
it commit themselves to protecting and ensuring children's rights, and agree to hold themselves accountable for this commitment before the international community. The CRC is the most widely ratified human rights treaty with 196 ratifications; the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
is the only country not to have ratified it.
The CRC is based on four core principles: the principle of non-discrimination; the best interests of the child; the right to life, survival and development; and considering the views of the child in decisions that affect them, according to their age and maturity. The CRC, along with international criminal accountability mechanisms such as the International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
, the Yugoslavia
Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label=Pannonian Rusyn, Югославия, translit=Juhoslavija ...
and Rwanda Tribunals, and the Special Court for Sierra Leone
The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibil ...
, is said to have significantly increased the profile of children's rights worldwide.
Vienna Declaration and Programme of Action
The Vienna Declaration and Programme of Action
The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Righ ...
urges, at Section II para 47, all nations to undertake measures to the maximum extent of their available resources, with the support of international cooperation, to achieve the goals in the World Summit Plan of Action. And calls on States to integrate the Convention on the Rights of the Child into their national action plans. By means of these national action plans and through international efforts, particular priority should be placed on reducing infant and maternal mortality rates, reducing malnutrition and illiteracy rates and providing access to safe drinking water and basic education. Whenever so called for, national plans of action should be devised to combat devastating emergencies resulting from natural disaster
A natural disaster is "the negative impact following an actual occurrence of natural hazard in the event that it significantly harms a community". A natural disaster can cause loss of life or damage property, and typically leaves some econ ...
s and armed conflict
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular ...
s and the equally grave problem of children in extreme poverty. Further, para 48 urges all states, with the support of international cooperation, to address the acute problem of children under especially difficult circumstances. Exploitation and abuse of children should be actively combated, including by addressing their root causes. Effective measures are required against female infanticide
Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose is the prevention of reso ...
, harmful child labour
Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such e ...
, sale of children and organs, child prostitution
Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent.
In most jurisdictions, child ...
, child pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a chi ...
, and other forms of sexual abuse. This influenced the adoptions of and .
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
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
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
The United Nations Human Rights Council (UNHRC), CDH is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. ...
was created "with the hope that it could be more objective, credible and efficient in denouncing human rights violations worldwide than the highly politicized Commission on Human Rights." The NGO Group for the Convention on the Rights of the Child is a coalition of international non-governmental organization
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
s originally formed in 1983 to facilitate the implementation of the United Nations Convention on the Rights of the Child.
National law
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
The United States has signed but not ratified the CRC. As a result, children's rights have not been systematically implemented in the U.S.
Children are generally afforded the basic rights embodied by the Constitution, as enshrined by the Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
. The Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
of that amendment is to apply to children, born within a marriage or not, but excludes children not yet born. This was reinforced by the landmark US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
decision of ''In re Gault
''In re Gault'', 387 U.S. 1 (1967), was a landmark Supreme Court of the United States, U.S. Supreme Court decision which held the Due Process Clause of the Fourteenth Amendment to the United States Constitution, 14th Amendment applies to Minor (la ...
'' (1967). 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.
The Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled in the case of ''Tinker v. Des Moines Independent Community School District
''Tinker v. Des Moines Independent Community School District'', 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that defined First Amendment rights of students in U.S. public schools. The ''Tinker'' test, also k ...
'' (1969) that students in school have Constitutional rights.
The Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
has ruled in the case of ''Roper v. Simmons
''Roper v. Simmons'', 543 U.S. 551 (2005), was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5–4 decision ov ...
'' that persons may not be executed
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
for crimes committed when below the age of eighteen. It ruled that such executions are cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
, so they are a violation of the Eighth Amendment to the United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
.
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." Other issues raised in American children's rights advocacy include children's rights to inheritance in same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
s and particular rights for youth.
German law
A report filed by the President of the INGO Conference of the Council of Europe, Annelise Oeschger finds that children and their parents are subject to United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
, European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
and UNICEF
UNICEF (), originally called the United Nations International Children's Emergency Fund in full, now officially United Nations Children's Fund, is an agency of the United Nations responsible for providing Humanitarianism, humanitarian and Devel ...
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
violations. Of particular concern is the German (and Austrian) agency, Jugendamt (German
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
: Youth office) that often unfairly allows for unchecked government control of the parent-child relationship, which have resulted in harm including torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
, degrading, cruel treatment and has led to children's death. The problem is complicated by the nearly "unlimited power" of the Jugendamt officers, with no processes to review or resolve inappropriate or harmful treatment. By German law, Jugendamt (JA) officers are protected against prosecution. JA officers span of control is seen in cases that go to family court where experts testimony may be overturned by lesser educated or experienced JA officers; In more than 90% of the cases the JA officer's recommendation is accepted by family court. Officers have also disregarded family court decisions, such as when to return children to their parents, without repercussions. Germany has not recognized related child-welfare decisions made by the European Parliamentary Court that have sought to protect or resolve children and parental rights violations.League for Children's Rights
Individual UPR Submission: Germany. February 2009. Submitted by Bündnis RECHTE für KINDER e.V. and supported by President of the INGO Conference of the Council of Europe, Annelise Oeschger. Retrieved December 27, 2011.
See also
* Child Poverty Action Group
Child Poverty Action Group (CPAG) is a UK charity that works to alleviate poverty and social exclusion. History
The Group first met on 5 March 1965, at a meeting organised by Harriett C. Wilson. It followed the publication of Brian Abel-Smith a ...
* ''Children Youth and Environments Journal
''Children, Youth and Environments'' is a biannual peer-reviewed academic journal that publishes research articles, in-depth analyses, field reports, and book reviews on research, policy, and practice concerning inclusive and sustainable environme ...
''
* Children's rights education Children's rights education is the teaching and practice of children's rights in schools, educational programmes or institutions, as informed by and consistent with the United Nations Convention on the Rights of the Child. When fully implemented, a ...
* European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
* FGM
Female genital mutilation (FGM), also known as female genital cutting, female genital mutilation/cutting (FGM/C) and female circumcision, is the ritual cutting or removal of some or all of the external female genitalia. The practice is found ...
, Forced circumcision
Forced circumcision is the circumcision of men and children against their will. In a biblical context, the term is used especially in relation to Paul the Apostle and his polemics against the circumcision controversy in early Christianity. Forc ...
, and Ethics of circumcision
Male circumcision is the surgical removal of the foreskin (prepuce) from the human penis. The ethics of circumcision in neonates and children is a source of much controversy.
There is substantial disagreement amongst economists, bioethicists, th ...
* International Children's Peace Prize
The International Children's Peace Prize is awarded annually to a child who has made a significant contribution to advocating children's rights and improving the situation of vulnerable children such as orphans, child labourers and children with H ...
* National Action Plan for Children A "National Plan of Action for Children" (NPA) is a national report in follow-up to the 2002 Special Session on Children of the UN General Assembly in New York
New York most commonly refers to:
* New York City, the most populous city in the Unite ...
* Forced conversion of minority girls in Pakistan
In Pakistan, on average around over a 1000 underage girls belonging to the minority Hindu, Christian and Sikh communities are kidnapped and forcefully converted to Islam every year and forcibly married and subjected to rape. According to human r ...
* Red Hand Day
On Red Hand Day or the International Day against the Use of Child Soldiers, February 12 each year since 2002, pleas are made to political leaders and events are staged around the world to draw attention to child soldiers: children under the age ...
* Save the Children
The Save the Children Fund, commonly known as Save the Children, is an international non-governmental organization established in the United Kingdom in 1919 to improve the lives of children through better education, health care, and economic ...
* Think of the children
"Think of the children" (also "What about the children?") is a cliché that evolved into a rhetorical tactic. In the literal sense, it refers to children's rights (as in discussions of child labor). In debate, however, it is a plea for pity th ...
* UNICEF
UNICEF (), originally called the United Nations International Children's Emergency Fund in full, now officially United Nations Children's Fund, is an agency of the United Nations responsible for providing Humanitarianism, humanitarian and Devel ...
* World's Children's Prize for the Rights of the Child
The World’s Children’s Prize for the Rights of the Child was founded in 2000 and is run by the World's Children's Prize Foundation (WCPF), based in Mariefred, Sweden.
The WCPF is a non-profit organisation, independent of all political and r ...
*
Global children's rights
* Children's rights in Chile Children's rights in Chile are secured by a number of national initiatives supported at all levels of government.[Children's rights in Colombia
Children' rights in Colombia ( es, Derechos de los niños en Colombia) is the status of children's rights in the Republic of Colombia. Colombia signed the Convention on the Rights of the Child in 1989 and later ratified the CRC on September 2, 199 ...]
* Children's rights in Japan
Japan is a constitutional monarchy. According to Ministry of Justice (MOJ) figures, the Japanese Legal Affairs Bureau offices and civil liberties volunteers dealt with 359,971 human rights related complaints and 18,786 reports of suspected human ...
* Children's rights in Mali
Children's rights in Mali are secured by several laws designed to protect children and provide for their welfare, including an ordinance that provides for regional positions as "child delegates" to safeguard the rights and interests of children.
* Declaration of the Rights of the Child
The Declaration of the Rights of the Child, sometimes known as the Geneva Declaration of the Rights of the Child, is an international document promoting child rights, drafted by Eglantyne Jebb and adopted by the League of Nations in 1924, and adop ...
* The Rights of the Child in Iran The Islamic Republic of Iran signed the UN Convention on the Rights of the Child (CRC) in 1991, and ratified it in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with the dome ...
* Timeline of young people's rights in the United Kingdom
A timeline is a display of a list of events in chronological order. It is typically a graphic design showing a long bar labelled with dates paralleling it, and usually contemporaneous events.
Timelines can use any suitable scale representin ...
* Timeline of young people's rights in the United States
The timeline of young peoples' rights in the United States, including children and youth rights, includes a variety of events ranging from youth activism to mass demonstrations. There is no "golden age" in the American children's rights movement. ...
* Witchcraft accusations against children in Africa Witchcraft accusations against children in Africa have received increasing international attention in the first decade of the 21st century.
The phenomenon of witch-hunts in Sub-Saharan Africa is ancient, but the problem is reportedly "on the rise" ...
Issues
Children's rights organizations
References
External links
*
Child Rights Information Network
International Bureau of Children's Rights
"everychild.ca"
child rights public awareness Campaign of British Columbia, Canada. Resources include links and publications related to the Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
.
Bibliography
"Sri Lankan Army Warns Children can be Targets"
Implementing Adolescent Reproductive Rights Through the Convention on the Rights of the Child"
Center for Reproductive Rights
The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental huma ...
.
"Lessons in Terror: Attacks on Education in Afghanistan"
Human Rights Watch.
Human Rights Watch.
Human Rights Watch.
Human Rights Watch.
"What Future: Street Children in the Democratic Republic of Congo"
Human Rights Watch.
{{DEFAULTSORT:Children's Rights