Children Rights

Children are considered vulnerable until they reach the age of maturity, which is 18 years old in most states. Children, as a result of circumstances not of their own making, may be left impoverished and homeless, and deprived of opportunities open for them by the government. It is in this regard that federal and state government enacted legislation codifying children's rights. Children do not have full rights compared to adults. Nevertheless, children, under the law, have inherent legal rights and are also granted additional rights. Children's rights law is embodied, in the national scene, by the U.S. Constitution under the Fourteenth Amendment, and in the international scene, by the Convention on the Rights of the Child.

Children's rights law aims to safeguard children, their welfare and their rights as individuals. These federal and state laws addresses the children's social welfare; health, education and special needs. Although parents have the fundamental right of caring for their children, when the state evaluates that the child is not safe with his parents, the state can remove the child from his home and ensure the child is given rightful care. Children's rights law also aims to stop abuses that children may suffer, including child trafficking, child labor, child prostitution and child pornography. In addition, children's rights law also addresses how the juvenile justice system deals with minors. Social problems relating to children are constantly shifting and children's rights law aim to address these problems. In recent years, cases of cyber-bullying and child pornography in the Internet have increased.

Children's rights law varies from state to state. The Fair Labor Standards Act provide that only adults who are aged 18 and above may be employed, with some exceptions. Children below the age of 18 may gain rightful employment, subject to certain conditions that are meant to protect them from abusive employment practices. Employment limitations include limitations on the number of hours children are allowed to work based on the premise that children are supposed to be in school at specific times of the day. The FLSA, however, was enacted at a time when family farms were still prevent and the statute has not been amended to address the change in employment landscape. Many have pushed for the amendment to the FLSA because its codes relating to farm work for children are fairly lax and are seen as hindrances to their development.

When faced with charges of violations of children's rights law, it is imperative to seek the aid of an attorney as federal and state governments are zealous in the enforcement of the law. In addition, non-governmental groups are also active in pursuing violations of children's rights law. A violation of the children's rights has accompanying penalties that vary from state to state, and the prosecution of such violations also depend on the procedures laid out by the state. A violation of these laws may be minor or major, depending on the state. It is thus crucial for those facing charges to employ attorneys who are experts in the area of children's rights law.


Areas of Law

Child Abuse Law - Legal Information and Resources

Child Abuse Law

Child abuse refers to the physical, mental, and sexual abuse or exploitation of the child, and the parents' or guardians' neglect of the child. The Federal Child Abuse Prevention and Treatment Act specifically defines child abuse and neglect, and the accompanying penalties for specific violations. A "child" is legally defined as any person younger than 18 years old or who is not an emancipated minor. While federal legislation sets minimum standards for states that accept federal funding, each state provides its own definitions of maltreatment within civil and criminal statutes.

Physical abuse is easily identified in child abuse cases. The more difficult difficult forms of child abuse come in the form of mental and sexual abuse. Federal legislation defines "mental injury" to include harm inflicted to a child's psychological or intellectual functioning, demonstrated by a change in the child's behavior, emotional response or cognition. Determination of mental child abuse needs the assessment of psychiatrist as these, excluding in cases of outward aggressive behavior, are not usually outwardly manifested. This form of child abuse needs the assessment of psychiatrists. Sexual abuse is the most difficult form of abuse to prove because a child typically shies away from disclosing this kind of abuse for fear of embarrassment or retaliation by the parent. Sexual abuse includes the coercion of a child to engage in sexually explicit conduct, rape, molestation, prostitution and other forms of sexual exploitation. Sexual abuse also includes incest with children. Sexual abuse further include sexual intercourse, sexual contact, and other acts of lasciviousness towards the child.

Neglect, under federal legislation, is a parent or a guardian's failure to provide the basic necessities of a child, such as food, clothing, shelter, medical care, and education. Neglect should also result to the child being in seriously endangered. The federal and state government have in place programs assisting parents in taking care of children as poverty as the most common defense parents have for neglecting children.

One of the issues in relation to child abuse is the often fine line between discipline and abuse. Federal legislation provides that child abuse excludes discipline provided that the discipline is reasonable, moderate in degree, and does not constitute cruelty. Federal legislation enumerates the differences between discipline and child abuse. Nevertheless, as persons who are responsible for the upbringing of the child, parents or caretakers, at spur of the moments, often employ corporal punishment to teach the child a lesson for any wrongdoing. Corporal punishment is typically frowned upon, regardless of the cultural context of such, and is the subject of many child abuse cases throughout the country. The federal government encourages positive discipline rather than corporal punishment.

Federal and state governments are in concerted efforts in implementing anti-child abuse laws by making visible campaigns against such acts. Anyone who has knowledge of any form of abuse may report to the local police department. While in joint efforts aimed to put a stop to abusive acts, federal and state child abuse laws have specific jurisdictions and may not interfere with each other. When facing a charge of child abuse, the defendant must hire an expert child abuse law attorney to defend himself as an ordinary person may not be able to discern which laws to use to protect him. Both federal and state governments are zealous in their anti-child abuse programs, and courts are not lenient on child abusers.


Areas of Law