Do children have rights? The answer to this question is complex. Children do not have the same rights as adults. You won’t see a kindergarten student casting their ballot at the polls or signing a work contract. Adults can sign contracts, sue and be sued, vote, buy property, and consent to medical treatments of their choice.
While children do not have those rights, there are inherent rights that children are born within the United States. These rights include (but are not limited to) equal protection under the law, due process, legal representation, a safe environment, good nutrition, healthcare, and education.
As children grow, their rights shift and change as they enter into adulthood and start making choices that impact the rest of their lives. This shift can impact issues such as employment and treatment in criminal matters.
Children’s Constitutional Rights
Children have certain Constitutional rights that change as they age. While some of these might be limited or modified when compared to the rights of adults, it is important to be aware of your child’s rights under the U.S. Constitution.
Equal Protection
The Equal Protection Clause of the 14th Amendment to the U.S. Constitution applies to children. Equal protection is the concept that a government owes all of its citizens equal protection under the existing laws. This protection cannot be inhibited by factors such as race or religion.
Equal protection requires that states do not act based on irrelevant distinctions, and it is an essential part of the assurance of civil rights and liberties to all groups, especially minorities who deal with issues such as profiling and discrimination.
Legal Rights
Beyond basic constitutional rights, children also have rights that protect them in any court of law. These rights are essential for any child as they interact with subsequent legal proceedings after infringing on federal or state laws. Here are just a couple of examples:
Due Process
Due process is the understanding that legal issues are to be handled using certain laws and processes, and that every person deserves fair treatment during these processes. Children have a right to due process when they are in a situation involving criminal charges, just like adults do.
Your child’s lawyer can ensure due process by making sure your child is present at every hearing and making sure that the child is given the necessary information to understand their case. This includes providing a translator if the child does not speak English, and additional materials and assistance if the child is a person with disabilities.
Legal Representation
According to the Juvenile Law Center, children have had the right to legal representation during juvenile proceedings since 1967. Even if they are facing juvenile criminal charges, children can enlist the help of an attorney. Children need someone with maturity and legal knowledge to help them reach the best possible outcome with their case.
In the United States, if a child cannot afford legal representation, then the court will appoint an attorney for them. Unfortunately, this right to representation does not extend to children who are going to court because they have been abused or neglected. Only 32 states currently require that a child be appointed an attorney in these instances, including New Jersey, where a law guardian will be appointed for a child in need of representation.
Protection Against Cruel and Unusual Punishment
The protection against cruel and unusual punishment is mentioned in the Eighth Amendment to the U.S. Constitution. For children, this applies to the illegality of actions such as corporal punishment in public schools, but it also applies to their treatment if they are found guilty of a crime and sentenced to serve time in a juvenile detention facility.
For example, courts are not allowed to give life sentences to juveniles who have not committed homicide. Protection against cruel and unusual punishment requires that the length of sentencing be fair, impartial, and fitting to the crime committed.
Additionally, children are protected from being put in facilities that are overcrowded and unsafe. They are also protected from indifference from people in authority over them, meaning that juvenile correctional officers are not allowed to ignore signs of injury or risks to the child’s health.
Protection Against Unreasonable Search and Seizure
Protection against unreasonable search and seizure is established by the Fourth Amendment to the U.S. Constitution. In short, this amendment protects people’s right to privacy and protects them from government intrusion into their lives and homes.
While children are given this protection against search and seizure, many see this as only superficial protection. Parents can consent to the search of a child’s space and belongings by the police, leading to questions about the child’s right to privacy and autonomy.
Exceptions
There are some exceptions to the rights that children have in the United States. These exceptions might present limitations to certain rights or they might award more rights than usual to a minor.
Students
According to the ACLU, students have the right to free speech, just like everyone else in the United States. However, there are instances where a school can act to limit a child’s ability to exercise this freedom. If a child’s expression of free speech (such as through their words, the messages of their clothing, or the creation of art), disrupts the normal functioning of the school, then school officials are allowed to step in.
This does not mean that school officials can stop a student from expressing themselves simply because they do not agree with the student’s opinions. Students’ rights to wear items like anti-war armbands and LGBTQ+ flags and pins have been protected in courts.
Schools are allowed to limit students’ expression in terms of their clothes as long as it is related to a dress code policy and not a specific message the student is attempting to convey.
Emancipation
When a minor becomes emancipated, they are seen as an adult before they reach 18. This can happen when a minor becomes a parent, gets married, joins the military, or argues in court to be emancipated for other reasons and is awarded this status by a judge.
When a minor is emancipated, they are given the right to make medical and financial decisions for themselves and their children, as well as to sign documents that would allow them to enter into loan agreements for higher education.
Criminal Record
Although discrimination based on religion, sex, and race is barred within the U.S., the same protection isn’t offered to those with criminal records — even for juveniles or for those who may have developed a criminal record when they were a juvenile.
Juveniles with a criminal record may face discrimination for years to come, whether it be in a job search or even applying for further education at a university. Although this may infringe upon the rights of the average U.S. citizen, it is completely within the right of any employer to deny employment to anyone based on their criminal record.
This can become a big issue for minors. Once they reach the legal age to seek out employment, they may be barred from certain workplaces. The only way for many to achieve their rights again is to seek out expungement. This legal term refers to the act of removing any record of criminal activity on a federal or state level. Luckily, expungement is more easily achieved for those with juvenile criminal records.