Children’s rights

[Jonathan Buhacoff]

As a group, children require special consideration when thinking about rights.

Children don’t have the right to travel. Children must have a parent’s consent to travel, and in the case that a school or other organization arranges a trip for children, that organization must obtain the parent’s consent. Specifically, when a parent leaves a child at a school or other activity, the right to parental control means the parent can expect the child to still be there at the end of the school day or when the activity is over.

Children have the right to equal opportunity in school and other activities. However, if an activity requires parental consent and the child’s parents don’t give consent, the right to equal opportunity has not been violated because the school or organization presented the opportunity to the child’s parents.

Children who commit offenses are generally disciplined by parents or guardians who are responsible for their behavior. However, if a child commits a crime against another child or adult that is grave, the child may be tried as an adult and in that case the child has the right to a fair trial. Also, in any situation where there is an established disciplinary process, the right to fair trial means that the disciplinary process must be fair and applied equally to all cases. If the child is convicted, the judge must consider the child’s developmental stage when deciding on punishment.

Children have the same right to privacy as adults, except for their parents or guardians who have the right to search their belongings.

Children have a right to property the same as adults, but it is limited in the following way: A parent or guardian may confiscate or a child’s property for a limited time or prevent access to money or an item for a limited time, or prohibit a child from possessing an item, such as a phone or lighter. However, if a child has earned money, for example by doing jobs for parents or neighbors, the parent or guardian may not appropriate that money. The parent or guardian may prevent the child’s access to the money or temporarily confiscate it, but the money or any other confiscated property must be returned to the child no later than the child’s 18th birthday.

Children have a right to petition the same as adults, and this right is important for children to be able to talk with a government agent if the child believes they are being abused by their parent or guardian.

Children have a right to religion and non-religion, so schools are prohibited from indoctrinating a specific religion, but parents have a right to teach their children religion or non-religion as they see fit. A child cannot claim that a parent is imposing a view upon them, but must endure it until they are an adult and then they can believe and do what they want.

Children have a right to honest and peaceful speech, but schools may enact regulations on when children may speak as to not disrupt lessons and also on the content of topics allowed at school in order to keep conversations focused on productive learning.

Children don’t have the right to parental control. If a female child becomes pregnant and has a baby, or a male child impregnates any female, the child must co-parent with a family member or state-appointed guardian who will have the right of parental control until the biological parent becomes an adult.

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