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Legal Encyclopedia - Children's Rights

Table of contents

1 children's rights: an overview

2 menu of sources

2.1 Federal Material

2.1.1 Federal Statutes
2.1.2 Federal Judicial Decisions

2.2 State Material

2.2.1 State Statutes
2.2.2 State Judicial Decisions

2.3 International Material

2.3.1 Conventions and Treaties

2.4 Other References

2.4.1 Key Internet Sources

3 other topics

children's rights: an overview

A child is a person and not a subperson over whom the parent has an absolute possessory interest. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children. Children are generally afforded the basic rights embodied by the Constitution. See Civil Rights of Children (http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001983----000-.html). The Equal Protection Clause of the 14th Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html) is said to apply to children, born within a marriage or not, but excludes children not yet born. There are both state and federal sources of child-rights law.

menu of sources

Federal Material

Federal Statutes

25 U.S.C., Ch. 21 (http://www.law.cornell.edu/uscode/25/ch21.html) - Indian Child Welfare Act
42 U.S.C. § 1983 - Civil Rights of Children]
42 U.S.C., Ch. 67 (http://www.law.cornell.edu/uscode/42/ch67.html) - Child Abuse Prevention and Adoption Reform Act
42 U.S.C., Ch. 7 (http://www.law.cornell.edu/uscode/42/ch7.html) - Social Security Act
42 U.S.C., Ch. 6 (http://www.law.cornell.edu/uscode/42/ch6.html) - The Children's Bureau

Federal Judicial Decisions

U.S. Supreme Court:
- Recent Decisions Involving Children (http://supct.law.cornell.edu/supct/search/index.html?query=children)
- Historic Decisions Involving Children (http://www.law.cornell.edu/supct/search/index.html?query=children&scope=onlyhistoric)
U.S. Circuit Courts of Appeals: Recent Decisions Involving Children (http://www.law.cornell.edu/usca/search/index.html?query=?start0%2Bquant10%2Bsearch=%2Bchild%20%2Brights%20-custody%20-adopt%20emancipat%20%22children%27s%20rights%22%20%22civil%20rights%22)

State Material

State Statutes

Uniform Laws Dealing with Children -- including:

Uniform Parentage Act (http://www.law.cornell.edu/uniform/vol9.html)
Uniform Child Custody Jurisdiction Act (http://www.law.cornell.edu/uniform/vol9.html) (Adopted in All States and the District of Columbia)

State Laws on Emancipation (http://www.law.cornell.edu/topics/Table_Emancipation.htm)
State Family Law Statutes (http://www.law.cornell.edu/topics/state_statutes2.html#family)

State Judicial Decisions

N.Y. Court of Appeals:

Decisions Regarding Children (http://www.law.cornell.edu/nyctap/search/index.html?query=children+and+rights+not+liibulletin)
Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+children)

Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

International Material

Conventions and Treaties

Convention Concerning Minimum Age for Admission to Employment (http://fletcher.tufts.edu/multi/texts/BH623.txt) (June 26, 1973)
Convention on the Rights of the Child (http://www.unicef.org/crc/crc.htm) (November 20, 1989)
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement & Co-operation in Respect of Parental Responsibility & Measures for the Prot. of Children (http://fletcher.tufts.edu/multi/texts/ilm1391.txt) (October 19, 1996)
Convention Concerning the Prohibition and Immediate Action for the Elimination of the WorstForms of Child Labour (http://www1.umn.edu/humanrts/instree/ilo182.html)(November 19, 2000)

Other References

Key Internet Sources

Federal Agency: Admin. for Children & Families of the U.S. Dep't of Health & Human Servs. (http://www.acf.dhhs.gov/)
UNICEF (http://www.unicef.org/index.html)
Child Welfare Library (http://www.childwelfare.com/kids/library.htm)
Childrens' Defense Fund (http://www.childrensdefense.org/)
Children's Rights Council (http://www.gocrc.com/)
Nat'l Youth Rights Assoc. (http://www.youthrights.org/)
Child Rights Info. Network (http://www.crin.org/)
Children's House (http://www.child-abuse.com/childhouse/)
Nat'l Assoc. of Child Advocates (http://www.childadvocacy.org/)
Nat'l Assoc. of Counsel for Children (http://naccchildlaw.org/)
Childwatch Int'l (http://www.childwatch.uio.no/)
Defence for Children Int'l (http://childhouse.uio.no/childrens_rights/dci_what.html)
It's Legal! (http://www.itslegal.com/infonet/family/childrts.html)
ABA Center on Children & the Law (http://www.abanet.org/child/home.html)
ABA Steering Comm. on the Unmet Legal Needs of Children (http://www.abanet.org/unmet/home.html)
ABA Section of Litig., Children's Law Comm. (http://www.abanet.org/litigation/committee/childrens_l/home.html)

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