Children's rights
Children's rights are the human rights of children with particular attention to the rights
of special protection and care afforded to the young, including their right to
association with both biological parents, human identity as well as the basic needs
for food, universal state-paid education, health care and criminal laws appropriate for
the age and development of the child. 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 abuse, though what constitutes
"abuse" is a matter of debate. Other definitions include the rights to care and
nurturing.
"A child is any human being below the age of eighteen years, unless under the law
applicable to the child, majority is attained earlier." According to Cornell University, a
child is a person, not a subperson, and the parent has absolute interest and
possession of the child, but this is very much an American view. The term "child"
does not necessarily mean minor but can include adult children as well as adult
nondependent children. There are no definitions of other terms used to describe
young people such as "adolescents", "teenagers," or "youth" in international law, but
the children's rights movement is considered distinct from the youth rights
movement.
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. Within the youth rights
movement, it is believed that the key difference between children's rights and 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. Also, many people who support youth rights are
concerned with adolescents and not children.
Types of rights
Children's rights are defined in numerous ways, including a wide spectrum of civil,
cultural, economic, social and political rights. Rights tend to be of two general types:
those advocating for children as 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. One Canadian organization categorizes children's rights into
three categories:
Provision: Children have the right to an adequate standard of living, health
care, education and services, and to 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 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 participate in communities and have
programs and services for themselves. This includes children's involvement in
libraries and community programs, youth voice activities, and involving
children as decision-makers.
In a similar fashion, the Child Rights Information Network, or CRIN for short,
categorizes rights into two groups:
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.
