Tamar Ezer


Concepts that are useful in other areas of human rights break

down in the context of children. Because children are dependent

on adults for their development, they are an anomaly in the

liberal legal order, which views negative rights as implying fully

rational, autonomous individuals that can exercise free choice.

This Article argues for a positive right to protection for children,

rooted in dignity, by probing the problematic nature of the

positive/negative rights duality and exploring alternate legal

approaches to protecting children 's rights in both international

and comparative law. The adoption of positive rights for

children would help assure adequate protection, which the

current American legal regime, as typified by the case DeShaney

v. Winnebago County Department of Social Services, fails to do.