Childrensrights андреа


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Childrensrights андреа

  1. 1. CHILDREN’S RIGHTS IN AMERICA Andrea Morley, US Peace Corps In coordination with Women’s Alternatives Sevastopol, Ukraine
  2. 2. Sources of Rights <ul><li>Common Law </li></ul><ul><li>Constitutional Law </li></ul><ul><li>Statutory Law </li></ul>
  3. 3. Common Law <ul><li>Law that is derived from use, tradition, and customs practiced over time </li></ul>
  4. 4. Constitutional Law <ul><li>The law that derives from the U.S. Constitution as applied by the courts, the highest of which is the Supreme Court of the United States of America. </li></ul>
  5. 5. Statutory Law <ul><li>Law that is written and passed into law by legislative bodies of the federal government and of each state. </li></ul>
  6. 6. American Common Law <ul><li>Children are not capable of making their own decisions, or managing their own affairs. </li></ul>
  7. 7. 19 th Century Common Law <ul><li>Children were subject to the authority of their parents. </li></ul><ul><li>The “state” would only interfere in very limited circumstances : </li></ul><ul><ul><li>When parents committed serious abuse, endangering the life of the child. </li></ul></ul>
  8. 8. Constitutional Law <ul><li>Children have rights to: </li></ul><ul><ul><li>A lawyer in juvenile delinquency proceedings; </li></ul></ul><ul><ul><li>Freedom of speech; </li></ul></ul><ul><ul><li>Freedom of religion; </li></ul></ul><ul><ul><li>Right to privacy (reproductive choice). </li></ul></ul>
  9. 9. Constitutional Law <ul><li>Children ’ s rights under the constitution are weakened by their status as minors </li></ul>
  10. 10. History of Child Protection <ul><li>1874 New York, New York </li></ul><ul><li>First recorded legal case dealing with child abuse. </li></ul><ul><li>There were no laws protecting children from abuse by their parents. </li></ul>
  11. 11. Development of Child Protection System <ul><li>First Juvenile Court established in 1899 in Cook County, Illinois </li></ul><ul><ul><li>Based on English System </li></ul></ul><ul><ul><li>Treat Children Differently than Adults </li></ul></ul><ul><ul><li>Rehabilitative, not Punitive </li></ul></ul><ul><li>In the 20 th century, children were taken away from their parents because of poverty and single parenthood </li></ul><ul><li>Due to rehabilitative nature, a broader base of negative behaviors were considered </li></ul>
  12. 12. Contd. <ul><li>Early 1900s society’s attitude changed </li></ul><ul><li>Youth began to be placed in jails and detention to await disposition </li></ul><ul><li>Youth rights’ issue exploded into society’s consciousness as residential treatment programs became the alternative </li></ul><ul><li>1960s realized a major contrast to original ideals </li></ul><ul><ul><li>No legal protection similar to adults </li></ul></ul><ul><ul><li>No real rehabilitative treatment </li></ul></ul>
  13. 13. Universal Declaration of Human Rights <ul><li>“ Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, medical care, and necessary social services…” –Article 25(1), 1948 </li></ul>
  14. 14. Sources of Human Rights for Youth and Children <ul><li>Charter of the United Nations </li></ul><ul><li>Universal Declaration of Human Rights </li></ul><ul><li>Convention on the Rights of the Child (US signed 1995, not yet ratified) </li></ul><ul><li>Convention on Economic, Social, and Cultural Rights </li></ul><ul><li>Convention on the Elimination of All Forms of Racial Discrimination </li></ul><ul><li>Charter on the Organization of American States </li></ul>
  15. 15. Special Protection for Children <ul><li>UN: Children “shall enjoy special protection” and “shall have the right to adequate housing” –UN Declaration on the Rights of the Child, Principles 2 and 3, 1959 </li></ul><ul><li>To the maximum extent of available resources, governments should ensure children an adequate standard of living, continuous improvement of living, and housing conditions –UN Sub Commission on Prevention of Discrimination and Protection of Minorities </li></ul>
  16. 16. Convention on the Rights of the Child <ul><li>State Parties in accordance with national conditions and within their means shall take appropriate measure to assist parents and others responsible for the child to implement this right [to an adequate standard of living] and shall in the case of need provide material assistance and support programs, particularly with regards to nutrition, clothing and housing. –Article 27 </li></ul>
  17. 17. Education <ul><li>Adolescents have a human right to education and to an adequate standard of living, health and freedom from violence and harassment. ’ UN Commission on Human Rights Resolution on the ‘The Plight of Street Children (1994) </li></ul><ul><li>Schools must be readily accessible and must search for those adolescents who have dropped out or are excluded . UN General Assembly Resolution ‘A World Fit for Children’ </li></ul>
  18. 18. Implementing Human Rights <ul><li>Governments have the obligation with others to progressively realize these rights </li></ul><ul><li>‘ Special measures’ must be taken to protect adolescents and to support and prepare them for their own lives </li></ul><ul><li>Resources must be allocated to fulfill these rights </li></ul><ul><li>By Resolution the UN General Assembly has vowed to end child poverty in a single generation. ‘A World Fit for Children’ (2002) </li></ul>
  19. 19. <ul><li> </li></ul>