What are

Children’s Rights?

Types of Rights

Human Rights

Legal Rights

Civil Rights

Human Rights Also know as freedoms

or liberties.

First ten amendments to the U.S. Constitution

Protections of individual rights such as freedom of speech, press, assembly, and religion

Universal Declarationof Human Rights

No distinction based on political status of countries or territories.

It’s a common standard of achievement for all peoples and all nations.

Legal Rights Rights which exist under the rules of statutory systems of legislation

Some examples are:Parental RightsLegal drinking age Right to sign contractsRight to medical recordsRight to privacy

Civil Rights

Protections guaranteed by the Bill of Rights, the 13th and 14th Amendments to the U.S. Constitution

- right to due process- equal treatment under the law of all people regarding enjoyment of life

- Personal liberty, property & protection

Civil Rights Act of 1964 (Title VII-42 U.S Code Chapter 21)

Unlawful to discriminate based on race, creed, color, religion, gender or national origin.

Parental Rights Parents have a right to direct the care,

control, and upbringing of their children for as long as the children are not emancipated, or remain minors under the law.

  Responsibilities include the duty of providing

food, clothing, and shelter for the child and providing all necessary education, nurturing, security, and other vital support.

Maslow’s Hierarchy of Needs

Good Parenting Pyramid

Termination of Parental Rights

Termination may be voluntary or involuntary.

When addressing whether parental rights should be terminated involuntarily, most States require that a court: Determine, by clear and convincing

evidence, that the parent is unfit. Determine whether severing the parent-

child relationship is in the best interest of the child.

Termination of Parental Rights

When an adoption takes place, the natural parent can terminate their rights.

If for a “good cause” , the parent can consent to termination of parental rights with the court’s permission.

Severe or chronic abuse or neglect;

Abandonment;

Long-term mental illness or deficiency of the parent(s);

Long-term alcohol or drug induced incapacity of the parent(s);

Failure to support or maintain contact with the child; or

Involuntary termination of the rights of the parent to birthing another child.

Voluntary

Termination

Involuntary

Termination

It is extremely difficult to terminate parental rights and courts

will do so only in rare circumstances.

Children Have No Legal Rights!

BUT children have Human Rights and Civil Rights !

By law, an individual is usually considered a minor until the age of 18 unless emancipated prior to the age of majority.

By law, children do not have the right to make decisions on their own for themselves in any jurisdiction.

Although children have no legal rights, there are many laws and organizations that help ensure that their human and civil rights are protected.

ADDITIONALLY, THE CHILDREN’S RIGHTS COUNCIL HAS ALSO FORMED A NON-BINDING CHILDREN’S BILL OF RIGHTS.

Children’s International Rights

The United Nations Children’s Fund (UNICEF) Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights — civil, cultural, economic, political and social rights for the protection of children.

The Convention sets out these rights in 54 articles and two Optional Protocols

Some UNICEF Rights Article 1: Child means every human being below

the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

Article 2: States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

http://www2.ohchr.org/english/law/crc.htm

InternationalKidnapping Laws

The International Parental Kidnapping Crime Act (IPKCA) of 1993: A criminal arrest warrant can be issued for a parent who takes a juvenile under 16 outside of the U.S without the other custodial parent’s permission.

Unlawful Flight to Avoid Prosecution A (UFAP)- Parental Kidnapping: When criminal charges are filed by a state that requests the help of the FBI, a criminal arrest warrant can be issued for an abducting parent who flees across state lines or internationally.

The Hague Convention on the Civil Aspects of International Child Abduction: In nations that have signed the Hague Convention, there is a civil process that facilitates the return of abducted children under 16 to their home countries.

Children’sBill of RightsA parenting guide for the purpose and intention of focusing on the “Best Interest of Children”.

ARTICLE I Dignity of Character

1.1 The right to be treated as an important human being with unique feelings, ideas and desires, not as a source of

argument between parents.

1.2 The right to honest answers to questions about changing family relationships.

2.3 The right to ask questions and have them answered respectfully with age-appropriate answers that do not include blaming or belittlement of anyone.

1.4 The right to know and appreciate what is good in each parent without one degrading the other.

1.5 The right for exposure to proudly learn about both parents religious ideas, hobbies, interests and experiences.

1.6 The right to refuse to take sides against a parent.

1.7 The right to refuse to deliver unkind messages from one parent to another.

1.8 The right to refuse to serve as a messenger – carry notes, legal papers, money or requests between parents.

1.9 The right to refuse to spy or be interrogated about the private event in the other parent’s home.

1.10 The right not to be treated as a matter of personal convenience or legal leverage between parents.

ARTICLE I Dignity of Character

2.1 The right to love myself as a child of both my parents.

2.2 The right to continuing care and guidance from both parents, to be educated in mind, nourished in spirit,

and developed in body, in an environment of unconditional love.

 2.3 The right to a continuing relationship with both parents, to receive love from and express love for both.

 2.4 The right to express love and affection for each parent

without having to stifle that love because of fear of guilt or disapproval by the other parent.

ARTICLE II Expression of Love

2.5 The right to develop continuing loving relationships with grandparents and other extended family members.

 2.6 The right to love as many people as desired without being made to feel guilty or disloyal.

 2.7 The right to be able to experience and enjoy regular and consistent parental contact, and entitlement to the truth of reason for not having regular contact.

 2.8 The right to own and display pictures of both parents.

ARTICLE II Expression of Love

3.1 The right to have my best interest protected at all times.

 3.2 The right to a sense of security and belonging derived from a loving and nurturing environment sheltered from harm.

 3.3 The right to have a relaxed, secure relationship with both parents without being placed in a position to choose sides or manipulate one parent against the other.

 3.4 The right to have one parent not undermine time or efforts with the other parent by suggesting tempting alternatives or by threatening to withhold activities with the other parent as a punishment for the children's wrongdoing.

 3.5 The right to grow and flourish in an atmosphere free of

exploitation, abuse and neglect.

ARTICLE III Sense of Security

4.1 The right to be taught, according to developmental levels, to understand values, to assume responsibility for actions, and to cope with the just consequences of choices.

 4.2 The right to know that parents' decision to divorce is not a child’s fault or responsibility.

 4.3 The right to live with each parent for extended periods as circumstances will allow.

 4.4 The right to request to live primarily with the other parent.

 4.5 The right to have special times with each parent doing

activities that create a sense of closeness and special memories.

ARTICLE IV Freedom of Choice

4.6 The right to discuss reasons for not wanting to see a parent.

 

4.7 The right to stay in contact with relatives, including grandparents and special family friends.

 

4.8 The right to participate and continue in sports, special classes or clubs that support personal interests free

from guilt or shame. 

4.9 The right to change access (visitation) schedules if it interferes with school activities or part-time work.

4.10 The right to participate in the choices of personal destiny.

ARTICLE IV Freedom of Choice

5.1 The right to parents that jointly discuss the problems and progress that nurture development.

 5.2 The right to celebrate with both parents special events that are important to growth and accomplishment.

 5.3 The right to express anger and sadness in ways that are appropriate to age and personality without having to give justification for feelings or cope with adult anxieties.

 5.4 The right to have parents that listen to problems and

concerns, as well as dreams and desires.

ARTICLE VDevelopment of Self

6.1 The right to enjoy appropriate access (visitation) with each parent which well serve my needs and preferences.

 6.2 The right to know what is good about the other parent.

 6.3 The right to communicate with either parent as often as

needed. 

6.4 The right to have clear communications (even if only in writing) about medical treatments, psychological

therapy, educational issues, accidents, illnesses and other important concerns.

ARTICLE VI Time and Information

6.5 The right to have consistent and predictable boundaries in each parent’s home especially if the rules in each house may significantly differ from the other.

 6.6 The right to know in advance about decisions including

living arrangements, transfer times and locations, summer schedules, and special circumstances.

 6.7 The right to have educational, religious, athletic and other necessary officials informed about changes in family

status. 

6.8 The right to have certain personal information about each parent kept private.

ARTICLE VITime and Information

Right of “Best Interest” Doctrine used by most family courts

Determines a wide range of issues Where will the child live Amount of access (visitation) allowed Who will support the child

This doctrine examines the connection between behaviors, attitudes of parents and the psychological and developmental characteristics of their children.

PARENTAL RIGHTS OF…

Many states require parental involvement in a minor’s decision to terminate a pregnancy.

Other states are different. They consider minors who are already parents capable of making critical decisions affecting the health and welfare of their own children without a parents’ knowledge or consent.

Studying your state codes is a good way to find out the law in your particular state. Portals like this one have links to codes and laws for every state:

http://www.llsdc.org/state-leg/

Minors

Emancipation of Minors Emancipation is a legal process through which the minor child

obtains a court order to end the rights and responsibilities that the child’s parent owe to the child such as financial support for the child and decision making authority over the child; or when the child reaches the “age of majority” – usually at 18 years.

Partial Emancipation A child is free to make his or her own decisions about themselves,

but is still entitled to financial support from his or her parents.

Complete Emancipation Complete emancipations are rare, and are usually found when there

is a specific written agreement between the parent and minor child.