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.
"A Positive Right to Protection for Children,"
Yale Human Rights and Development Law Journal: Vol. 7
, Article 1.
Available at: https://digitalcommons.law.yale.edu/yhrdlj/vol7/iss1/1