Legal Definitions - children's rights

Children's rights refer to the legal entitlements and protections afforded to individuals, regardless of their age, who are considered "children" in a legal context. While often associated with minors (individuals under 18 years old), the term can also encompass adult children, particularly in areas like family law or estate matters, where their relationship to a parent creates specific legal rights or obligations.

Fundamentally, children in the United States are generally entitled to many of the same basic constitutional rights as adults. For instance, the 14th Amendment's Equal Protection Clause, which ensures that all individuals are treated equally under the law, applies to children. However, it's important to note that these rights do not extend to those not yet born. The specific laws governing children's rights originate from both federal and state sources, meaning there can be variations depending on jurisdiction. While children possess many constitutional rights akin to adults, certain rights may be limited or exercised differently due to their age, such as the right to vote or enter into contracts.

• Example 1: A Minor's Right to Due Process in School

  Imagine a high school student, Sarah, is accused of violating the school's honor code by cheating on an exam. The school administration decides to suspend her for five days. Before the suspension is finalized, Sarah has the right to be informed of the specific accusation against her and to present her side of the story, perhaps by explaining her actions or offering evidence in her defense. This scenario illustrates children's rights because, even as a minor, Sarah is entitled to due process – a fundamental constitutional right ensuring fair treatment and an opportunity to be heard before a significant penalty is imposed by a government entity (in this case, a public school).

• Example 2: An Adult Child's Right to Support from an Estate

  Consider David, a 25-year-old man who has a severe developmental disability and has been financially dependent on his parents his entire life. When his mother passes away, her will does not explicitly provide for his ongoing support, even though she had verbally promised to always care for him. David, as an adult child, might have a legal basis to claim a portion of his mother's estate for his continued care and support, depending on state laws regarding adult dependent children. This example demonstrates that "children's rights" can extend beyond minors to include adult children, particularly in family law or estate planning contexts where a unique dependency or relationship creates specific legal entitlements.

• Example 3: A Minor's Freedom of Speech in Public Spaces

  A group of 16-year-old students organizes a peaceful protest in a public park against a proposed city ordinance that would cut funding for local youth programs. They hold signs and chant slogans. Even though they are minors, these students generally possess the constitutional right to freedom of speech, allowing them to express their views in a public forum. This situation highlights how fundamental rights, like the First Amendment, apply to children, enabling them to participate in civic life and express their opinions, much like adults, as long as their actions remain within legal boundaries for public assembly and expression.