Children's Rights - Protection Of Children, Childcare, Child Labor, Kidnapping And Abduction, Forms Of Child Abuse
From the late nineteenth century into the early twenty-first century, U.S. society increasingly became concerned about the welfare of the nation's children. Congress and the states passed special laws recognizing that children held a right to a healthful upbringing and are particularly vulnerable to being victimized by criminals. Children have a right to basic needs such as food, clothing, shelter, medical care, education, and safety from society's ills. All states have laws requiring biological parents to provide these basic needs. However parents are given much discretion on how they satisfy these responsibilities of providing nurturing and safety. Criminal penalties were provided for those who denied these rights through abuse, assault, abduction, or some other action. The laws addressed acts against children at home, in places of worship, at childcare facilities, and in the workplace. The laws also placed an emphasis on prevention as well as prosecution.
The basis for these criminal laws was the recognition that children have special needs separate from adults. By the twentieth century the public determined that to protect the long-term interests of society children must be provided the basic
Two young boys working in a textile mill. (The Library of Congress)
needs to develop into healthy and productive adults. At the same time the laws protect the parents' interests in raising their children as they see fit. Overall the United States gives parents greater flexibility than many other countries.
When a child faces hunger, abuse, or neglect, the state intervenes in family matters. Those who deny these basic rights to children can be charged with criminal offenses. In addition criminal penalties are particularly harsh toward those who abuse, sexually assault, murder, or kidnap children.
For More Information
Books
Besharov, Douglas J. Recognizing Child Abuse: A Guide for the Concerned. New York: Free Press, 1990.
Bianchi, Anne. Understanding the Law: A Teen Guide to Family Court and Minors' Rights. New York: Rosen, 2000.
Fabricant, Michael. Juveniles in the Family Courts. Lexington, MA: Lexington Books, 1983.
Helfer, Mary E., Ruth S. Kempe, and Richard D. Krugman, eds. The Battered Child. 5th ed. Chicago, IL: University of Chicago Press, 1997.
Mnookan, Robert H., and D. Kelly Weisberg. Child, Family, and State: Problems and Materials on Children and the Law. Gaithersburg, MD: Aspen Law and Business, 2000.
Ramsey, Sarah H., and Douglas E. Adams. Children and the Law in a Nutshell. 2nd ed. St. Paul, MN: Thomson/West, 2003.
Sagaturn, Inger, and Leonard Edwards. Child Abuse and the Legal System. Chicago, IL: Nelson-Hall Publishers, 1995.
Additional Topics
For centuries children over the age of seven were considered little adults, especially the poor who often had to work to help support their families. They were also considered as "property" owned by their parents with few rights. Fathers in particular had nearly total power in disciplining and working their children, especially in farming communities where children fed and tended liv…
Organized childcare outside of the home assists parents in providing the basic needs of a child. Though often controversial in much of the twentieth century, organized childcare has a long history in the United States. Infant daycare facilities have operated in parts of Boston and New York City since the early 1800s. The number of day nurseries increased by the late nineteenth century as industrie…
Another key concern over children's rights arose in the late nineteenth century. Many children were working long hours in dangerous factories for very low pay. Employing children was common in the city, especially among poor immigrant populations. It was not until 1938 that Congress passed the Fair Labor Standards Act (FLSA) restricting child labor. The act continued to be the primary feder…
Kidnapping is the aggravated (for ransom or injury) false imprisonment of a person. In colonial days kidnapping was just a misdemeanor punishable by fine or some other public punishment. There was no special category when the victim was a child. In addition kidnapping was not considered a crime unless the abduction was violent or involved international travel. The newly formed states passed kidnap…
Child abuse is a major social problem; every child has the right to be free of physical and emotional harm. Child abuse is causing or failing to prevent actions against children that can result in serious physical or emotional harm, including sexual abuse and even death. This also includes neglect or placing a child at risk of serious harm, even if no injury results. Some forms of physical abuse i…
Real concern over child abuse did not surface until after the Civil War (1861–65) in the 1870s. At that time, the American Society for the Prevention of Cruelty to Animals went to court over an eight-year-old New York girl who was whipped and beaten regularly by her foster parents. The society argued in court that children deserved at least the same protections as animals from abuse. The so…
Individual histories of child abuse were increasingly used in criminal trials as a defense against serious allegations. One of the earliest and most publicized cases involving a defense involving child abuse was the murder trial of the Menendez brothers in Southern California. In August 1989 Erik and Lyle Menendez murdered their parents in their Beverly Hills mansion. The two brothers stood to inh…
State service agencies to protect children enforce laws prohibiting child abuse. These laws vary from state to state but some common procedures exist. Usually, reports of suspected child abuse went to local police departments, but in the 1970s child protective service agencies took over this responsibility in about half the states. Some provided free telephone hotlines to report suspected abuse. A…
Though various cases of child sexual abuse caught the public's eye in the United States through the 1990s and early 2000s, the nation was stunned by allegations that involved the Catholic Church. The first awareness of what would later unfold into a huge child abuse scandal came in the early 1990s when Father James Porter was convicted of abusing some one hundred boys and girls in various C…
The Children's Defense Fund (CDF) is a national organization that promotes the social welfare of children. The CDF lobbies Congress for funding to support various children's programs and conducts national awareness campaigns. It regularly publishes reports on the health and social well-being of children. Much of CDF's efforts have focused on saving federal programs from budget…
Bernard Law was born on November 4, 1931, to a U.S. Air Force colonel and his wife in Torreon, Mexico. The family moved from one military base to another; as a result Law was educated in North and South America and the Virgin Islands. He then attended Harvard University and received a degree in medieval history in 1953. Following Harvard, Law entered the seminary and became an ordained Catholic pr…
Protecting a child's right to a healthy, loving upbringing is a key responsibility of family courts. Family courts often address children's rights by attempting to resolve family problems, not by handing out criminal sentences. They hear cases of child abuse and neglect and enforce payment of child support (money used to raise the child). Parents are granted freedom to raise their ch…
While children have greater rights than adults concerning their basic needs, children have less rights than adults in certain other circumstances like school classrooms and at school events. Free speech and expression are limited if they are at odds with a school's educational mission, which includes courtesy, tolerance, and respect for others.
Former Massachusetts governor Paul Cellucc…
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