children's rights: an overview
A child is a person and not a subperson over whom the parent has an absolute possessory interest. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children. Children are generally afforded the basic rights embodied by the Constitution. See Civil Rights of Children. The Equal Protection Clause of the 14th Amendment is said to apply to children, born within a marriage or not, but excludes children not yet born. There are both state and federal sources of child-rights law.
menu of sources
Federal Material
Federal Statutes
- 25 U.S.C., Ch. 21 - Indian Child Welfare Act
- 42 U.S.C. § 1983 - Civil Rights of Children
- 42 U.S.C., Ch. 67 - Child Abuse Prevention and Adoption Reform Act
- 42 U.S.C., Ch. 7 - Social Security Act
- 42 U.S.C., Ch. 6 - The Children's Bureau
Federal Judicial Decisions
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions Involving Children
State Material
State Statutes
- Uniform Laws Dealing with Children -- including:
- Uniform Parentage Act
- Uniform Child Custody Jurisdiction Act (Adopted in All States and the District of Columbia)
- State Laws on Emancipation
- State Family Law Statutes
State Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
International Material
Conventions and Treaties
- Convention Concerning Minimum Age for Admission to Employment (June 26, 1973)
- Convention on the Rights of the Child (November 20, 1989)
- Convention on Jurisdiction, Applicable Law, Recognition, Enforcement & Co-operation in Respect of Parental Responsibility & Measures for the Prot. of Children
- Convention Concerning the Prohibition and Immediate Action for the Elimination of the WorstForms of Child Labour
Other References
Key Internet Sources
- Federal Agency: Admin. for Children & Families of the U.S. Dep't of Health & Human Servs.
- UNICEF
- Child Welfare Library
- Childrens' Defense Fund
- Children's Rights Council
- Nat'l Youth Rights Assoc.
- Child Rights Info. Network
- Children's House
- Voices for America's Children
- Nat'l Assoc. of Counsel for Children
- Childwatch Int'l
- Defence for Children Int'l
- ABA Center on Children & the Law
- ABA Steering Comm. on the Unmet Legal Needs of Children
- ABA Section of Litig., Children's Law Comm.