Children’s rights
The global fight for children’s rights
The idea that children deserve legal protections has evolved over centuries, but it wasn’t until the United Nations Convention on the Rights of the Child (CRC) in 1989 that a global, comprehensive set of rights for children was advanced.
This landmark treaty, signed by nearly every country, guarantees children the right to safety, education, healthcare, and—importantly—the right to have their voices heard in matters affecting them.
In the United States, children’s legal protections have developed through state and federal laws, court decisions, and advocacy efforts. While the U.S. has not ratified the CRC, New York stands out for its unique legal system that prioritizes children’s perspectives in Family Court cases.
Children’s rights in New York
New York is one of several places in the country where children are assigned their own attorneys in custody, visitation, and guardianship cases. The NY Attorney for the Child (AFC) model prioritizes the child’s direct representation, in contrast to jurisdictions that appoint Guardians Ad Litem (GAL) that may substitute their own wishes over the child’s.
New York’s model ensures that children have a direct say in decisions about their lives. In NY Family Court, children have the:
Right to Legal Representation
A contingent right in custody, visitation, and order of protection cases — courts appoint AFCs to advocate for children’s wishes and best interests.
Right to Protection
Legal safeguards exist for children in cases of domestic violence, neglect, and abuse.
Right to be heard
Under well-established case law, judges must consider children’s voices when deciding custody and visitation arrangements.
“Children have the right to give their opinions freely on issues that affect them. Adults should listen and take children seriously.”
Article 12, CRC
The United Nations Convention on the Rights of the Child
The Convention on the Rights of the Child (CRC) outlines 54 articles protecting children’s fundamental rights. Some of the most important include:
- Right to Survival and Development (Article 6) – Every child has the right to grow up in a safe and healthy environment.
- Right to Be Heard (Article 12) – Children have the right to express their views in legal matters that affect them.
- Right to Protection from Harm (Article 19, 34, 35) – Governments must protect children from violence, exploitation, and neglect.
- Right to Education (Article 28, 29) – All children have the right to an education that prepares them for life.
- Right to Legal Fairness (Article 40) – Children accused of breaking the law must be treated fairly and have access to legal representation.
Shaping the future of children’s rights
The Children’s Law Center works to ensure that the legal protections of young people are not just recognized, but actively enforced. Through legal representation, policy advocacy, and thought leadership, we fight to amplify the voices of NYC’s most vulnerable children and strengthen their rights.
Advocating for children’s rights means giving the children in Family Court Attorneys for the Child (AFC), educating legal professionals on best practices in child advocacy, and pushing for policies that protect children from family instability and conflict.