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{{Short description|Human rights of children}}
{{pp-semiprotected|small=yes}}
{{distinguish|Youth rights}}
{{Rights|By claimant}}
'''Children's rights''' or '''the rights of children''' are a subset of [[human rights]] with particular attention to the rights of special protection and care afforded to minors.<ref name="Children's Rights">[http://www.amnestyusa.org/Our_Issues/Children/page.do?id=1011016&n1=3&n2=78 "Children's Rights"] {{Webarchive|url=https://web.archive.org/web/20080921082323/http://www.amnestyusa.org/Our_Issues/Children/page.do?id=1011016&n1=3&n2=78 |date=2008-09-21 }}, Amnesty International. Retrieved 2/23/08.</ref>
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 [[Child abuse|abuse]], though what constitutes "abuse" is a matter of debate. 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> 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> but the children's rights movement is considered distinct from the [[youth rights]] movement. The field of children's rights spans the fields of [[law]], [[politics]], [[religion]], and [[morality]]. == Justifications ==
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The [[United Nations General Assembly]] adopted the ''United Nations [[Declaration of the Rights of the Child]]'' (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.<ref name="childrights1959">[http://www1.umn.edu/humanrts/instree/k1drc.htm Declaration of the Rights of the Child], G.A. res. 1386 (XIV), 14 U.N. GAOR Supp. (No. 16) at 19, U.N. Doc. A/4354 (1959).</ref>
Consensus on defining children's rights has become clearer in the last fifty 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) stated that children's rights were a "slogan in need of a definition".<ref>{{cite journal | last1 = Rodham | first1 = H | year = 1973 | title = Children Under the Law | url = http://hepg.org/her-home/issues/harvard-educational-review-volume-43,-issue-4/herarticle/_991 | journal = Harvard Educational Review | volume = 43 | issue = 4 | pages = 487–514 | doi = 10.17763/haer.43.4.e14676283875773k | access-date = 2015-10-18 | archive-date = 2019-08-19 | archive-url = https://web.archive.org/web/20190819044653/https://www.hepg.org/her-home/issues/harvard-educational-review-volume-43,-issue-4/herarticle/_991 | url-status = dead }}</ref> According to some researchers, the notion of
[[
==Classification==
Children have two types of [[human rights]] under [[international human rights law]]. 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.<ref name="UNICEF1">UNICEF, [http://www.unicef.org/crc/index_protecting.html Convention on the Rights of the Child] {{Webarchive|url=https://web.archive.org/web/20190306162541/https://www.unicef.org/crc/index_protecting.html |date=2019-03-06 }}, 29 November 2005.</ref> 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''.<ref name="ICCPR">{{cite web |author= | title=International Covenant on Civil and Political Rights | url=http://www.refworld.org/pdfid/3ae6b3aa0.pdf | date= 16 December 1966 | accessdate=16 October 2015 }}</ref> 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 protection from economic and [[sexual exploitation]]'', and the ''right to education''.<ref name="CRC" />
Children's rights are defined in numerous ways, including a wide spectrum of [[civil and political rights|civil, political]], [[economic, social and cultural rights]]. Rights tend to be of two general types: those advocating for children as [[autonomy|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]]'' and as the ''right to protection''.<ref name="nesl.edu"/>
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The Committee on Bioethics of the [[American Academy of Pediatrics]] (AAP) (1997), citing the [[Convention on the Rights of the Child]] (1989), asserts that "every child should have the opportunity to grow and develop free from preventable illness or injury."<ref name="religiousobjections">{{cite journal | author=Committee on Bioethics | title=Religious objections to medical care. | journal=Pediatrics | date=1997 | volume=99 | issue= 2| pages=279–281 | url=http://pediatrics.aappublications.org/content/99/2/279.full.pdf | doi=10.1542/peds.99.2.279 | pmid=9024462 | pmc= | doi-access=free }} reaffirmed May 2009.</ref>
===Intersex rights===
[[File:Licence to Lie.jpg|thumb|alt=Extract from a book|The standard medical model was [[medical records|medical falsification]] for intersex children, from textbook 1963.]]
{{main article|Intersex human rights|Intersex genital mutilation}}
Intersex children are children born or develop, atypical [[Secondary sex characteristic|sexual traits]]. Historically intersex children have been the subject of involuntary surgical assignment and later [[Hormone therapy|hormone replacement therapy]] to a binary [[biological sex|sex]]/[[gender]], which was often concealed from patients; in the US, this system was known as the [[optimum gender of rearing model]], which organizations such as the [[Intersex Society of North America|ISNA]] heavily criticized.<ref name="auto">{{cite web|title=''Progress and Politics in the intersex rights movement, Feminist theory in action''|url=http://www.aisia.org/wp-content/uploads/2016/11/Dreger__Herndon_2009.pdf|author1=Alice D. Dreger |author2=April M. Herndon }}</ref><ref>{{Cite web|url=https://isna.org/faq/history/|title=What's the history behind the intersex rights movement? | Intersex Society of North America|website=isna.org}}</ref> Intersex children often face high levels of [[mental stress]], and [[stigmatization]], as well as [[social isolation|isolation]] for having atypical bodies, or undergoing medical procedures.<ref name="auto"/><ref>{{cite web | url=https://www.thetrevorproject.org/wp-content/uploads/2021/12/Intersex-Youth-Mental-Health-Report.pdf | title = The Mental Health and Well-being of LGBTQ Youth who are Intersex | work = [[The Trevor Project]] | date = 2021}}</ref>
[[The World Health Organization]] standard of care for intersex children is to delay all surgery until the child is old enough to participate in [[informed consent]], unless emergency surgery is needed.<ref>[https://www.unfe.org/wp-content/uploads/2017/05/UNFE-Intersex.pdf FACT SHEET Intersex]</ref><ref name="who2015">{{Cite book| publisher = World Health Organization| isbn = 9789241564984| last = [[World Health Organization]]| title = Sexual health, human rights and the law| location = Geneva| date = 2015}}</ref> Intersex people are likewise more likely to develop [[gender dysphoria]] then the general population. Organizations such as [[InterACT]] and [[Intersex civil society organizations|intersex civil society groups]] exist to support and advocate for intersex youth, and stop involuntary unnecessary [[medicalization]] and shame surrounding intersex subjects.<ref name="auto"/><ref>{{Cite journal|url=https://journals.healio.com/doi/10.3928/19382359-20210816-01|title=Clinician Advocacy and Intersex Health: A History of Intersex Health Care and the Role of the Clinician Advocate Past, Present, and Future|first1=Gnendy|last1=Indig|first2=Mariana|last2=Serrano|first3=Katharine B.|last3=Dalke|first4=Nwadiogo I.|last4=Ejiogu|first5=Frances|last5=Grimstad|date=September 13, 2021|journal=Pediatric Annals|volume=50|issue=9|pages=e359–e365 |via=CrossRef|doi=10.3928/19382359-20210816-01|pmid=34542337 |s2cid=237572670 }}</ref>
===Other issues===
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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]].
===
[[Parents' rights movement|Parents' rights]] and [[Right to family life]] are connected with [[Parental responsibility (access and custody)|Parental responsibilities]]. Parents are given sufficient powers to fulfill their duties to the child.<ref name="Blackstone1-16" />
{{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 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 that 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>
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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.<ref name="ICCPR" /><ref>''[http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm European Convention for the Protection of Human Rights and Fundamental Freedoms] as amended by Protocols No. 11 and No. 14''. Adopted at Rome, 4 XL 1950.</ref>
Courts have placed other limits on parental powers and acts. The [[Supreme Court of the United States]], in the case of ''[[Prince v. Massachusetts]]'', ruled that a parent's religion does not permit a child to be placed at risk.<ref>[https://www.law.cornell.edu/supct/html/historics/USSC_CR_0321_0158_ZO.html Prince v. Massachusetts], 321 U.S. 158 (1944).</ref> The [[Lords of Appeal in Ordinary]] ruled, in the case of ''Gillick v West Norfolk and Wisbech Area Health Authority and another'', that
The [[Supreme Court of Canada]] ruled, in the case of ''[[E (Mrs) v Eve]]'', that parents may not grant surrogate consent for non-therapeutic sterilization.<ref>[http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/item/170/index.do E. (Mrs.) v. Eve], [1986] 2 S.C.R. 388</ref> The Supreme Court of Canada has ruled, in the case of ''B. (R.) v. Children's Aid Society of Metropolitan Toronto'':<ref>[http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/item/1220/index.do B. (R.) v. Children's Aid Society of Metropolitan Toronto]. [1995] 1 S.C.R.</ref>
<blockquote>
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{{See also|Timeline of young people's rights in the United Kingdom|Timeline of young people's rights in the United States}}
The 1796 publication of [[Thomas Spence]]'s ''[[Rights of Infants]]'' 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]]. 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. 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<ref>
A.S. Neill's 1915 book ''[[A Dominie's Log]]'' (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.{{citation needed|date=December 2017}}
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The [[United Nations]]' 1989 [[Convention on the Rights of the Child]], 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]]. National governments that [[Ratification|ratify]] it commit themselves to protecting and ensuring children's rights, and agree to hold themselves accountable for this commitment before the international community.<ref>[http://www.unicef.org/crc/ Convention on the Rights of the Child], UNICEF. Retrieved 4/3/08.</ref> The CRC is the most widely ratified human rights treaty with 196 ratifications; the [[United States]] is the only country not to have ratified it.<ref>{{Cite web|url=https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&clang=_en|title=United Nations Treaty Collection|last=UN|date=2018|language=EN|access-date=2018-02-14}}</ref>
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.<ref>
===Vienna Declaration and Programme of Action===
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===German law===
A report filed by the President of the [[INGOs Conference of the Council of Europe|INGO Conference of the Council of Europe]], Annelise Oeschger finds that children and their parents are subject to [[United Nations]], [[European Union]] and [[UNICEF]] [[human rights]] violations. Of particular concern is the German (and Austrian) agency, Jugendamt ([[German language|German]]: Youth office) that often unfairly allows for unchecked government control of the parent-child relationship, which have resulted in harm including [[torture]], 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
==See also==
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* ''[[Children Youth and Environments Journal]]''
* [[Children's rights education]]
* [[Defence for Children International]]
* [[European Convention on Human Rights]]
* [[FGM]], [[Forced circumcision]], and [[Ethics of circumcision]]
* [[International Children's Peace Prize]]
* [[
* [[Forced conversion of minority girls in Pakistan]]
* [[National Action Plan for Children]]
* [[Red Hand Day]]
* [[Save the Children]]
* [[Think of the children]]
* [[UNICEF]]
* [[Voting Rights of Children]]
* [[World's Children's Prize for the Rights of the Child]]
=== Global children's rights ===
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* [[Children's rights in Japan]]
* [[Children's rights in Mali]]
* [[Children's rights in the United Kingdom]]
* [[Declaration of the Rights of the Child]]
* [[The Rights of the Child in Iran]]
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===Bibliography===
*[https://www.independent.co.uk/news/world/asia/sri-lankan-army-warns-children-can-be-targets-412064.html "Sri Lankan Army Warns Children can be Targets"].
*[https://web.archive.org/web/20081129103910/http://www.reproductiverights.org//pdf/pub_bp_implementingadoles.pdf Implementing Adolescent Reproductive Rights Through the Convention on the Rights of the Child"]. [[Center for Reproductive Rights]].
*[https://www.hrw.org/reports/2006/afghanistan0706 "Lessons in Terror: Attacks on Education in Afghanistan"]. Human Rights Watch.
*[http://hrw.org/english/docs/2006/06/15/burund13554.htm "Burundi: Former Child Soldiers Languish in Custody"]. Human Rights Watch.
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*[http://hrw.org/english/docs/2005/10/12/usdom11835.htm "United States: Thousands of Children Sentenced to Life without Parole"]. Human Rights Watch.
*[http://hrw.org/reports/2006/drc0406 "What Future: Street Children in the Democratic Republic of Congo"]. Human Rights Watch.
{{World topic|prefix=Children's rights in|noredlinks=yes|title=Children's rights by country}}
{{Infants and their care}}
{{Family rights|state=expanded}}
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