Children And Discrimination Law: Violation And Protection

Children's rights are outlined in international law, with the United Nations Convention on the Rights of the Child (CRC) being the most well-known. While the CRC states that the rights it lays out should be applied to any child without discrimination based on race and sex, it does not define or address discrimination against children. In many countries, children are not fully protected against violence by other adults, with over 130 countries lacking laws that prohibit corporal punishment. Children can experience discrimination based on age, race, gender, class, disability, language, and sexual orientation, which can hinder their rights in school or access to societal institutions. Discrimination against children, or childism, can manifest in various forms, including unequal treatment, prejudice, and the silencing of their voices on matters affecting them. To address this, organizations like Amnesty International create educational resources to empower children to know and claim their rights. Additionally, federal and state laws in countries like the United States aim to protect children from discrimination in specific areas such as child welfare activities, housing, and education.

Characteristics of Discrimination Law Violations Against Children

Racial discrimination in the child welfare system

Children can be violated under discrimination law, and racial discrimination in the child welfare system is a human rights issue. The United Nations' Committee on the Elimination of Racial Discrimination (CERD) has expressed concern over the "disproportionate number of children of racial and ethnic minorities removed from their families and placed in foster care" in the United States. Black children in the United States are disproportionately represented in the child welfare system and are more likely to be investigated, removed from their parents, and have their parents' rights terminated compared to white children. This disparity is due to structural racism and discriminatory laws, policies, and practices within the child welfare system.

The CERD has called on the US administration to take measures to eliminate racial discrimination in the child welfare system, including amending or repealing laws with a disparate impact on racial and ethnic minority families. The US Administration for Children and Families has acknowledged the existence of racial discrimination in the child welfare system and has attributed it to "bad policies" and structural racism.

Black children in foster care face additional challenges, such as frequent moves, inadequate services, and lower chances of reuniting with their families compared to their white counterparts. These disparities result from federal and state laws, regulations, and policies that disproportionately affect racial and ethnic minorities. For example, current federal law allows for the separation of children from their parents due to "neglect," which often serves as a code word for poverty, disproportionately impacting Black families.

The issue of racial discrimination in the child welfare system has gained increased attention due to the work of scholars and advocates like Dorothy Roberts, who has written extensively on the topic and exposed the harmful impact of the system on Black families. Roberts' work has contributed to a growing awareness of the discriminatory nature of the child welfare system and the need for reform to ensure equal rights and treatment for all children and families, regardless of race or ethnicity.

Individuals who believe that they or someone else has experienced unlawful discrimination can report a civil rights violation to the Civil Rights Division of the Department of Justice. The Division enforces federal laws that protect individuals from discrimination based on race, color, national origin, disability status, sex, religion, and other protected characteristics. They can provide assistance and guidance in understanding and upholding these laws.

Discrimination in housing against families with children

Discrimination against families with children is illegal under the Fair Housing Act. The Act prohibits discrimination in housing against families with children under 18 years of age. It also covers persons who are pregnant or in the process of obtaining legal custody, or persons with written permission from a parent or legal guardian. The Act provides an exemption for "housing for older persons," which includes certain senior housing facilities and communities.

Examples of familial status discrimination include imposing overly restrictive rules regarding children's use of common areas, such as pools, hallways, and open spaces. Housing providers should not limit families with children to specific floors or sections of a building or complex. They should also not enforce rules more strictly for children than for adults. For instance, issuing noise violations to a family with children but not to equally loud adults-only households would likely constitute illegal discrimination.

In one example, a woman named Tara and her children were living in a basement apartment prone to flooding, water damage, and mold issues. With a housing voucher, she began searching for safer housing and found an advertisement for a property that seemed perfect. However, when Tara contacted the landlord and mentioned her three teenage children, the landlord became hesitant, citing potential property damage caused by teenagers. This scenario exemplifies potential discrimination in housing against families with children.

Another woman, Vivian, encountered a similar situation while seeking housing in Northwest DC for herself and her two young daughters. Despite finding a suitable unit, the leasing agent discouraged her from applying due to the size of her family, indicating potential discrimination based on familial status.

If individuals believe they have experienced discrimination in housing due to familial status, they can file a complaint with the Department of Housing and Urban Development (HUD) or contact organizations like the Equal Rights Center for assistance. These organizations work to protect the rights of families and ensure fair housing practices.

Discrimination against parents with disabilities

The discrimination faced by parents with disabilities in the child welfare system has been exacerbated by the lack of federal protections and biases, as well as state laws that explicitly name parental disability as grounds for terminating parental rights. In 2010, it was found that three-quarters of states had such laws, many of which used vague and outdated language to describe disabilities. This has resulted in parents with disabilities being more likely to be reported for child abuse and neglect, have their children placed in foster care, and permanently lose their parental rights. Additionally, child welfare workers often lack formal training on working with parents with disabilities, leading to further discrimination in assessments and service provisions.

The federal government has taken steps to address this issue, with the Department of Justice and Department of Health and Human Services reaching agreements with state agencies in Oregon, Georgia, and Massachusetts to protect parents with disabilities from discrimination. The National Council on Disability, an independent federal agency, also released a report in 2012 called "Rocking the Cradle," which highlighted the widespread discrimination faced by these parents and called for changes to state child protection laws and the application of ADA protections in relevant cases.

Furthermore, two-thirds of dependency laws allow courts to deem a parent unfit based on their disability, and courts must consider the best interests of the child when determining custody. This has resulted in parents with disabilities facing challenges in custody proceedings, with the stigma of their disability impacting the outcome. However, judges and family law attorneys are taking steps to understand the unique challenges faced by these parents and recognize disability discrimination when it occurs.

If individuals believe that they or someone else has experienced unlawful discrimination, they can report a civil rights violation to the Civil Rights Division of the Department of Justice, which enforces federal laws protecting against discrimination based on disability status, among other characteristics.

Discrimination in child placement interviews

Research has revealed disturbing disparities in the treatment of Black children compared to their white peers. For instance, Black children are 55% more likely to be placed in foster care, even when the potential for future maltreatment in the home is equivalent. This disparity is attributed to both call screeners and investigators, who contribute to the unwarranted bias in placement decisions. Furthermore, Black children in foster care face additional injustices, such as being moved more frequently, receiving fewer appropriate services, and having lower chances of reunification with their families.

The racial discrimination prevalent in the child welfare system infringes upon a child's right to family integrity and identity, as recognized by the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD). This committee expressed deep concern over the disproportionate number of children from racial and ethnic minorities being removed from their families and placed in foster care. The CERD called on the Biden administration to take decisive action, including amending or repealing discriminatory laws and policies that perpetuate these injustices.

To address these concerns, the administration has been urged to hold hearings and listen to the experiences of affected families. Additionally, there is a pressing need to acknowledge the discriminatory harms inflicted by the child welfare system and to implement measures that promote equality and human dignity for all children, regardless of their racial or ethnic background. By recognizing and rectifying these issues, the Biden administration can work towards ensuring that all children are treated fairly and justly within the child placement process.

Discrimination in child adoption

The issue of discrimination in child adoption is not unique to the US. Ancient civilizations, such as the Greeks and Romans, practiced adoption to perpetuate the male line in a family, often adopting adult males. Modern adoption laws, which emphasize the welfare of adopted children, were introduced in the 19th century in countries like the US, Canada, and New Zealand, and later in the UK (1926) and France (1923). Despite these legal frameworks, reports of adoption discrimination persist, with foster parents sometimes discriminating based on intelligence, physical attractiveness, deformity, or race.

To address these issues, organizations like the Movement Advancement Project (MAP) have created Equality Maps to highlight the laws affecting LGBTQ+ Americans in the child welfare system. Additionally, campaigns such as the "Every Child Deserves a Family" campaign aim to raise awareness and encourage individuals to share their stories with members of Congress to advocate for change.

It is important to recognize that children can be violated by discrimination laws, and there are resources available to report and address these violations. For example, the Civil Rights Division in the US Department of Justice handles reports of civil rights violations, including those related to discrimination in child welfare activities.

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