International Human Rights Day: Children’s Rights

Every year on December 10th, the world comes together to celebrate International Human Rights Day, commemorating the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This day serves as a reminder of the universal and inalienable rights that every individual, including children, is entitled to enjoy. While the United States prides itself on being a proponent of human rights, the specific rights of children within its borders remain a critical area for reflection and action. Despite legal protections, challenges such as poverty, systemic inequities, and inadequate access to healthcare continue to impact millions of children. For example, according to recent studies, nearly 12 million children in the U.S. live in poverty, significantly affecting their access to basic rights and opportunities. These statistics underscore the urgency of addressing systemic barriers to ensure children’s rights are fully realized.

What Rights Do Children Have in the United States?

Children in the United States are entitled to a wide array of rights, both under domestic laws and international agreements. At the core, these rights encompass:

1. The Right to Education: Guaranteed through compulsory education laws and reinforced by the landmark Supreme Court case Brown v. Board of Education, every child has the right to access free and equitable education.
2. The Right to Health and Safety: Federal and state laws protect children from abuse, neglect, and exploitation. These laws are enforced through mechanisms such as mandatory reporting by professionals like teachers and doctors, investigations by child protective services, and legal actions in family and criminal courts.
3. The Right to Family and Care: Children have the right to live with their families whenever possible and to receive adequate care. The foster care system and family reunification policies aim to uphold this right.
4. The Right to Express Views: While often overlooked, children have the right to express their opinions, especially in judicial proceedings that directly impact them, as recognized under family law.
5. The Right to Protection from Exploitation: The Fair Labor Standards Act (FLSA) imposes strict regulations on child labor, ensuring that children are not exploited in the workforce.

How Are These Rights Protected?

The protection of children’s rights in the United States involves a combination of federal and state legislation, judicial oversight, and international commitments. Here are key mechanisms:

• Federal and State Laws: Laws like CAPTA, the Individuals with Disabilities Education Act (IDEA), and the Juvenile Justice and Delinquency Prevention Act establish the legal groundwork for protecting children’s rights in areas such as education, safety, and rehabilitation.
• Government Agencies: Entities such as the Department of Health and Human Services (HHS) and state child welfare agencies are tasked with monitoring and enforcing child protection policies.
• Judicial System: Courts play a critical role in upholding children’s rights, from enforcing custody agreements to ensuring equitable access to education and healthcare.
• Advocacy Organizations: Nonprofits like the Children’s Defense Fund and the American Civil Liberties Union (ACLU) advocate for policies and practices that protect and expand children’s rights.
• International Agreements: While the U.S. has not ratified the United Nations Convention on the Rights of the Child (UNCRC), its principles influence domestic advocacy and policymaking.

Challenges and the Road Ahead

Despite these protections, many children in the United States face challenges that threaten their rights. Poverty, systemic racism, and the immigration crisis disproportionately affect children, leaving many without access to basic needs like education and healthcare. Additionally, the lack of universal childcare and the criminalization of certain juvenile behaviors continue to undermine children’s rights.

As we observe International Human Rights Day, it is imperative to renew our commitment to protecting and advocating for the rights of children. By ensuring every child has access to education, safety, and opportunities to thrive, we not only honor their rights but also invest in a better future for all.