Content deleted Content added
Pepperbeast (talk | contribs) →Physical rights: reverted per my comments on talk page |
Citation bot (talk | contribs) Misc citation tidying. | Use this bot. Report bugs. | #UCB_CommandLine |
||
(33 intermediate revisions by 24 users not shown) | |||
Line 1:
{{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]], [[morality]] and [[ == Justifications ==
Line 11 ⟶ 14:
{{quote|text=[There] is a mass of human rights law, both treaty and 'soft law', both general and child-specific, which recognises the distinct status and particular requirements of children. [Children], owing to their particular vulnerability and their significance as the future generation, are entitled to special treatment generally, and, in situations of danger, to priority in the receipt of assistance and protection.|author=Jenny Kuper|source=[[International Law Concerning Child Civilians in Armed Conflict]] (1997, [[Clarendon Press]])}}
As [[Minor (law)|minors
Structures such as government policy have been held by some commentators to mask the ways adults abuse and exploit children, resulting in [[child poverty]], lack of [[right to education|educational opportunities]], and [[child labour]]. On this view, children are to be regarded as a [[minority group]] towards whom society needs to reconsider the way it behaves.<ref>{{cite journal | last1 = Thorne | first1 = B | year = 1987 | title = Re-Visioning Women and Social Change: Where Are the Children? | journal = Gender & Society | volume = 1 | issue = 1| pages = 85–109 | doi=10.1177/089124387001001005| s2cid = 145674085 }}</ref>
Researchers have identified children as needing to be recognized as [[
== Historic definitions of children's rights ==
Line 29 ⟶ 32:
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"/>
Line 43 ⟶ 46:
* '''Provision:''' Children have the [[right to an adequate standard of living]], [[health care]], [[education]] and services, and to [[Play (activity)|play]] and [[recreation]]. These include a [[balanced diet]], a warm bed to sleep in, and access to [[schooling]].
* '''Protection:''' Children have the right to protection from [[Child abuse|abuse]], neglect, exploitation and discrimination. This includes the right to safe places for children to play; constructive child rearing behavior, and acknowledgment of the [[evolving capacities]] of children.
* '''Participation:''' Children have the right to [[
In a similar fashion, the [[
* Economic, social and cultural rights, related to the conditions necessary to meet basic human needs such as food, shelter, education, health care, and gainful employment. Included are rights to education, adequate housing, food, water, the highest attainable standard of [[health]], the [[right to work]] and rights at work, as well as the [[cultural rights]] of minorities and indigenous peoples.
* Environmental, cultural and developmental rights, which are sometimes called "[[third generation rights]]", and including the right to live in safe and healthy environments and that groups of people have the right to cultural, political, and economic development.
[[Amnesty International]] openly advocates four particular children's rights, including the end to [[
Scholarly study generally focuses children's rights by identifying individual rights. The following rights "allow children to grow up healthy and free":{{according to whom|date=January 2016}}<ref>Calkins, C.F. (1972) "Reviewed Work: Children's Rights: Toward the Liberation of the Child by Paul Adams", ''Peabody Journal of Education. 49''(4). p. 327.</ref>
Line 56 ⟶ 59:
* [[Freedom from fear]]
* [[Freedom of choice]] and the [[decision-making|right to make decisions]]
* [[Bodily integrity|Ownership over one's body]]
===Physical rights===
{{See|Bodily integrity}}
According to CRIN:<ref name=CRINBodilyAutonomy>{{cite news|title=Bodily autonomy|work=[[Child Rights International Network]]|url=https://home.crin.org/issues/bodily-autonomy/|access-date=13 October 2024}}</ref>
A report by the Committee on Social Affairs, Health, and Sustainable Development of the [[Parliamentary Assembly of the Council of Europe]] 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 human rights|intersex]] children and the submission to or coercion of children into piercings, tattoos or plastic surgery".<ref name="report">Committee on Social Affairs, Health and Sustainable Development. [http://www.assembly.coe.int/CommitteeDocs/2013/Eintegritychildren2013.pdf ''Children's Right to Physical Integrity''], Doc. 13297. Parliamentary Assembly of the Council of Europe, 6 September 2013.</ref> 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.<ref name="resolution">Parliamentary Assembly of the Council of Europe. ''[http://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20174&lang=en Children's Right to Physical Integrity]'', Resolution 1952., Adopted at Strasbourg, Tuesday, 1 October 2013.</ref>▼
<blockquote>Everyone, including children, has the right to make decisions about their own body and to be protected from any harm or interference against their body without their consent. This right is summed up by the principle of bodily autonomy and integrity.
Children’s enjoyment of their bodily autonomy and integrity is significantly more restricted compared to adults’, largely because paternalism and assumptions about their presumed immaturity and lack of capacity based on their young age has meant that decisions are made for them, even ones that are not in their best interests or directly violate their human rights.
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".<ref>UN (2012). 11. [http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en Convention on the Rights of the Child] {{webarchive|url=https://web.archive.org/web/20140211151110/https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv-11&chapter=4&lang=en |date=2014-02-11 }}. United Nations Treaty Collection. Retrieved 1 May 2012.</ref> The [[Committee on the Rights of the Child]] 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."<ref>UN Committee on the Rights of the Child (2006) "General Comment No. 8:" par. 3.</ref> The [[United Nations Human Rights Committee]] has also interpreted Article 7 of the [[International Covenant on Civil and Political Rights]] prohibiting "cruel, [[inhuman or degrading treatment]] or punishment" to extend to children, including corporal punishment of children.<ref>UN Human Rights Committee (1992) [http://www1.umn.edu/humanrts/gencomm/hrcom20.htm "General Comment No. 20".] HRI/GEN/1/Rev.4.: p. 108</ref>▼
Exacerbating the problem beyond a child’s age are forms of discrimination based on their sex, gender identity, race, ethnicity, disability and socioeconomic status, which means that certain groups of children will face an even greater risk of violations of their bodily autonomy and integrity.</blockquote><ref name=CRINBodilyAutonomy/>
Newell (1993) argued that "...pressure for protection of children's physical integrity should be an integral part of pressure for all children's rights."<ref>{{cite journal |▼
▲
▲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".<ref>UN (2012). 11. [http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en Convention on the Rights of the Child] {{webarchive|url=https://web.archive.org/web/20140211151110/https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv-11&chapter=4&lang=en |date=2014-02-11 }}. United Nations Treaty Collection. Retrieved 1 May 2012.</ref> The [[Committee on the Rights of the Child]] 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."<ref>UN Committee on the Rights of the Child (2006) "General Comment No. 8:" par. 3.</ref> The [[United Nations Human Rights Committee]] has also interpreted Article 7 of the [[International Covenant on Civil and Political Rights]] prohibiting "cruel, [[inhuman or degrading treatment]] or punishment" to extend to children, including [[Corporal punishment in the home|corporal punishment of children]].<ref>UN Human Rights Committee (1992) [http://www1.umn.edu/humanrts/gencomm/hrcom20.htm "General Comment No. 20".] HRI/GEN/1/Rev.4.: p. 108</ref>
▲
author=Newell P | title=The child's right to physical integrity | journal=Int'l J Child RTS | date=1993 | volume=1 | issue= | pages=101–104 | url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/intjchrb1&div=16&id=&page= | doi= 10.1163/157181893X00368| pmid= | pmc= }}</ref>
====Medical ethics====
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>▼
{{See|Medical ethics}}
▲
In 2024, in the [[American Journal of Bioethics]], the Brussels collaboration on Bodily integrity (BCBI), an international collaborative network "with interdisciplinary or experiential expertise in [[Genital modification and mutilation|child genital cutting practices]]", says:<blockquote>Being entirely reliant on adult caretakers to make decisions on their behalf, infants and newborns do not yet have “bodily autonomy” in any meaningful sense; they cannot set or maintain almost any boundaries with respect to their physical embodiment (Godwin 2020)</blockquote><ref name=AmericanJournalofBioethics2024>{{cite journal|last1=Abdulcadir|first1=Jasmine|last2=Adler|first2=Peter W.|last3=Almonte|first3=Melanie T.|last4=Anderson|first4=Frank W. J.|last5=Arguedas-Ramírez|first5=Gabriela|last6=Aulisio|first6=Mark P.|last7=Bader|first7=Dina|last8=Balashinsky|first8=David|last9=Baratz|first9=Arlene B.|last10=Bariş|first10=Maide|last11=Bauer|first11=Greta|last12=Behrensen|first12=Maren|last13=Ben-Yami|first13=Hanoch|last14=Boddy|first14=Janice|last15=Bootwala|first15=Yasmin|last16=Bowman-Smart|first16=Hilary|last17=Bruce|first17=Lori|last18=Buckler|first18=Max|last19=Cabral Grinspan|first19=Mauro|last20=Cannoot|first20=Pieter|last21=Carpenter|first21=Morgan|last22=Catto|first22=Marie-Xavière|last23=Catalán|first23=Moisés|last24=Chambers|first24=Clare|last25=Chapin|first25=Georganne|last26=Chegwidden|first26=James|last27=Christian Ghattas|first27=Dan|last28=Clough|first28=Sharyn|last29=Conroy|first29=Ronán M.|last30=Dabbagh|first30=Hossein|last31=Dalke|first31=Katharine B.|last32=Dallière|first32=Sophie|last33=Danon|first33=Limor Meoded|last34=Davis|first34=Dena S.|last35=Davis|first35=Georgiann|last36=Dawson|first36=Angela J.|last37=DeLaet|first37=Debra L.|last38=Dranseika|first38=Vilius|last39=DuBoff|first39=Max|last40=Dwyer|first40=James G.|last41=Earp|first41=Brian D.|last42=Esho|first42=Tammary|last43=Essén|first43=Birgitta|last44=Fahmy|first44=Mohamed A. Baky|last45=Feder|first45=Ellen K.|last46=Ferreira|first46=Nuno|last47=Fillod|first47=Odile|last48=Florquin|first48=Stéphanie|last49=Foldès|first49=Pierre|last50=Fox|first50=Marie|last51=Frisch|first51=Morten|last52=Fusaschi|first52=Michela|last53=Garland|first53=Fae|last54=Geisheker|first54=John|last55=Gheaus|first55=Anca|last56=Giménez Barbat|first56=Teresa|last57=Levin Freifrau von Gleichen|first57=Tobe|last58=Godwin|first58=Samantha|last59=Goldman|first59=Ronald|last60=Gonzalez-Polledo|first60=E. J.|last61=Goodman|first61=Jenny|last62=Gradilla|first62=Alexandro José|last63=Gruenbaum|first63=Ellen|last64=Gwaambuka|first64=Tatenda|last65=Hatem-Gantzer|first65=Ghada|last66=Hakim|first66=M.|last67=Hammond|first67=Tim|last68=Hannikainen|first68=Ivar R.|last69=van der Have|first69=Miriam|last70=Herbenick|first70=Debby|last71=Higashi|first71=Yuko|last72=Hill|first72=B. Jessie|last73=Johansen|first73=R. Elise B.|last74=Johari|first74=Aarefa|last75=Johnson-Agbakwu|first75=Crista|last76=Johnson|first76=Matthew T.|last77=Kimani|first77=Samue|last78=Komba|first78=Eva|last79=Kolak|first79=Julia|last80=Koukoui|first80=Sophia|last81=Kraus|first81=Cynthia|last82=Latham|first82=Stephen R.|last83=Laurent|first83=Bo|last84=Learner|first84=Hazel|last85=Lempert|first85=Antony|last86=Lenta|first86=Patrick|last87=Lesslar|first87=Olivia|last88=Lewis|first88=Jonathan|last89=Liao|first89=Lih-Mei|last90=Lorshbough|first90=Erika|last91=Lurenbaum|first91=Jean-Christophe|last92=MacDonald|first92=Noni E.|last93=McAllister|first93=Ryan|last94=Meddings|first94=Jonathan|last95=Merli|first95=Claudia|last96=Mertens|first96=Mayli|last97=Milos|first97=Marilyn|last98=Mishori|first98=Ranit|last99=Monro|first99=Surya|last100=Moss|first100=Lisa Braver|last101=Munzer|first101=Stephen R.|last102=Nazri|first102=Hannah M.|last103=Ncayiyana|first103=Daniel|last104=Neiders|first104=Ivars|last105=Ngosso|first105=Londé|last106=Nguena|first106=Marianne|last107=van Niekerk|first107=Anton A.|last108=Nobis|first108=Nathan|last109=Oduor|first109=Alphonce Odhiambo|last110=O’Neill|first110=Sarah|last111=Ottenheimer|first111=Deborah|last112=Paalanen|first112=Panda|last113=Palacios-González|first113=César|last114=Qing|first114=Xin|last115=Radcliffe Richards|first115=Janet|last116=Ramus|first116=Franck|last117=Rashid Khan|first117=Abdul|last118=Ray|first118=Saarrah|last119=Reis|first119=Elizabeth|last120=Reis-Dennis|first120=Samuel|last121=Remennick|first121=Larissa|last122=Richard|first122=Fabienne|last123=Roen|first123=Katrina|last124=Rubashkyn|first124=Eliana|last125=Sarajlic|first125=Eldar|last126=Sardi|first126=Lauren|last127=Schuklenk|first127=Udo|last128=Shahvisi|first128=Arianne|last129=Shaw|first129=David|last130=Sinden|first130=Guy|last131=Sidler|first131=Daniel|last132=Skitka|first132=Linda|last133=Somerville|first133=Margaret A.|last134=Sterckx|first134=Sigrid|last135=Svoboda|first135=J. Steven|last136=Taher|first136=Mariya|last137=Tangwa|first137=Godfrey B.|last138=Thomson|first138=Michael|last139=Townsend|first139=Kate Goldie|last140=Travis|first140=Mitchell|last141=Van Howe|first141=Robert S.|last142=Vash-Margita|first142=Alla|last143=Verhagen|first143=Emmanuelle|last144=Vilponen|first144=Tiina|last145=Villani|first145=Michela|last146=Viloria|first146=Hida|last147=Vintiadis|first147=Elly|last148=Virgili|first148=Tommaso|last149=Vissandjée|first149=Bilkis|last150=Ungar-Sargon|first150=Eliyahu|last151=Wahlberg|first151=Anna|last152=Wald|first152=Rebecca|last153=Walsh|first153=Reubs J.|last154=Weisenberg|first154=Desmond|last155=Wenger|first155=Hannah|last156=Wisdom|first156=Travis|last157=Zelayandia|first157=Ernesto|last158=Ziemińska|first158=Renata|last159=Zieselman|first159=Kimberly|last160=Ziyada|first160=Mai Mahgoub|date=17 July 2024|title=Genital Modifications in Prepubescent Minors: When May Clinicians Ethically Proceed?|url=https://www.tandfonline.com/doi/epdf/10.1080/15265161.2024.2353823|journal=The American Journal of Bioethics|volume=|issue=|pages=50|doi=10.1080/15265161.2024.2353823|access-date=22 September 2024}}</ref>{{rp|p=14}}{{rp|p=42}}
=====Practices=====
{{Main|Child abuse|Genital modification and mutilation|Virginity test|Compulsory sterilization|Child marriage|Corporal punishment in the home}}
According to CRIN:<ref name=CRINBodilyAutonomy/>
<blockquote>Practices that amount to violations of children’s bodily autonomy and integrity have long been conducted by adults without considering children’s independent human rights. Many amount to forms of violence against children, with some being based on tradition, culture, religion or superstition, such as virginity testing on girls, female genital mutilation, circumcision of boys, child marriage and corporal punishment. Others are conducted because of flawed or discriminatory laws and policies, such as sexual maturity exams on migrant and refugee children to determine their age, ‘corrective’ surgeries on intersex children to ‘normalise’ their genitalia, and forced or coerced sterilisation of children with disabilities to stop them from ever having children of their own. But it also includes situations not readily recognised directly as violence, such as exposure to harmful chemicals, but which nonetheless can inflict significant harm.</blockquote><ref name=CRINBodilyAutonomy/>
In its 2024 American Journal of Bioethics statement, the BCBI also objects to nonvoluntary clitoral reduction surgeries on children with [[congenital adrenal hyperplasia]], "cosmetic" [[hypospadias]] surgeries, medically unnecessary [[Gonadectomy|removal of internal gonads]], and nontherapeutic, [[Circumcision controversies|nonreligious penile circumcision of newborns]]<ref name=AmericanJournalofBioethics2024/>{{rp|p=24}}
===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===
Line 74 ⟶ 106:
=== 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.<ref>[http://plato.stanford.edu/entries/rights-children/ "Children's Rights"], ''Stanford Encyclopedia of Philosophy.'' Retrieved 2/23/08.</ref> Within the
===
[[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>
A child's rights to a relationship with both their parents is increasingly recognized as an important factor for determining the [[Best interests|best interests of the child]] in [[divorce]] and [[child custody]] proceedings.
==== Limitations of parental powers ====
Parents do not have absolute power over their children. Parents are subject to [[criminal laws]] [[Child abandonment|against abandonment]], abuse, and neglect of children. [[International human rights law]] provides that [[Freedom of religion|manifestation of one's religion]] may be limited in the interests of [[Public security|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>
Line 104 ⟶ 134:
{{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}}
Line 136 ⟶ 166:
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===
Line 149 ⟶ 179:
===United States law===
{{Further|Timeline of young people's rights in the United States|International child abduction in the United States|Child labor laws in the United States|U.S. ratification of the Convention on the Rights of the Child|Human rights in the United States|History of youth rights in the United States}}
The United States has [[List of treaties unsigned or unratified by the United States|signed but not ratified]] the CRC. As a result, children's rights have not been systematically implemented in the
Children are generally afforded the basic rights embodied by the [[Constitution of the United States|Constitution]], as enshrined by the [[Fourteenth Amendment to the United States Constitution]]. The [[Equal Protection Clause]] of that amendment is to apply to children, born within a marriage or not, but excludes children not yet born.<ref name="law.cornell.edu">{{cite web |author= | title=Children's Rights | url=https://www.law.cornell.edu/wex/childrens_rights | date= | accessdate=18 October 2015}}</ref> This was reinforced by the landmark [[
The
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]]s and particular [[
===German law===
==See also==
* [[Children's rights education]]▼
* [[European Convention on Human Rights]]
* [[International Children's Peace Prize]]
* [[Inter-Agency Guiding Principles on Unaccompanied and Separated Children]]▼
* [[National Action Plan for Children]]
* [[Red Hand Day]]
▲* [[Inter-Agency Guiding Principles on Unaccompanied and Separated Children]]
=== Global children's rights ===
* [[Children's rights in Chile]]
* [[Children's rights in Colombia]]
* [[Children's rights in Japan]]
* [[Children's rights in Mali]]
* [[Declaration of the Rights of the Child]]
▲* [[Timeline of young people's rights in the United Kingdom]]
===Issues===
Line 206 ⟶ 226:
{{sisterlinks|Children's rights}}
*{{cite IEP |url-id=parentri |title=Rights and Obligations of Parents}}
*
*[http://www.ibcr.org International Bureau of Children's Rights]
*[https://www.smilefoundationindia.org/child_rights.html Smile Foundation India]
*[http://www.everychild.ca/ "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]]
*[https://violenceagainstchildren.un.org/ UN Special Representative of the Secretary-General on Violence Against Children]
===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.
Line 219 ⟶ 240:
*[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}}
|