What Are The Legal Rights Of Children?

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Although children are not granted full legal rights as those of an adult, they still have their own rights. These rights may change from one state to another but they are still existent. Upon birth, a child gains some inherent rights legally and these continue growing by the day. Therefore, before you act contrary to these rights, you need to understand what are the legal rights of children?

The first one is the right to grow up in a safe environment. This means that you should not expose your child to potentially dangerous environments. If the government for any reason believes that your child is not safe, they will be taken away from you. Children also have a right to obtain good nutrition as well as an education. Health care is a legal right for any child and this should not be denied for any reason.

With regards to the government, the child has a right to obtain legal protection. If a child commits a crime, due process needs to be followed by the authorities. Therefore a notice must be given and a subsequent hearing occurs before the child is stripped off any of their basic rights. A child has a right to express themselves and form an opinion on different issues. However, this right is of a limited nature and can be restricted by a person in authority. It is also good to note that a right to freely express oneself is acquired as one grows up and understands the differences between right and wrong.

Labor laws dictate that a teenager may work for a salary. However, the age at which he or she can begin doing this differs across states. Care should be taken when asking children to work as this may amount to child labor depending in the age of the child and the laws of the state. A child of a specific age may also get emancipated from their parents. This however is subjective since the judge has to determine whether the child has the ability to make decisions that will benefit them, whether the child has a meaningful source of income to cater for their needs and many other factors.

There are other many more rights that a child has depending on their age. As a parent or guardian, it is essential to understand these in order to avoid a contravention that may get you in trouble. It is your duty to protect the child and ensure their rights are practiced if need be.

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What Is A Legal Right?

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During the First World War, a young Yale law professor tried to unearth what judges meant when they were talking about legal rights. His conclusion was that legal rights were the benefits bequeathed upon one legal person against another by legal rules. The first party has the legal advantage, which is known as a right, while the other stands at a corresponding legal disadvantage. Two parties are always thus involved.

What Is A Legal Right?

Not everyone agrees with this opinion. The perspective can also get complicated. However, most law judges eventually refer to this opinion when dissecting legal rights. It’s worth noting that only a legal person has the capability of having a legal right. This is why legal personhood is our main focus.

The professor came up with 4 correlating pairs of benefits and disadvantages, which include legal rights of four kinds.

Liberties

A liberty allows one to do whatever they please, though they’ve no right to get respect for their liberty. This is a permission devoid of protection which correlates with the ‘no-right.’ This means that one doesn’t have a claim on what another person can or cannot do. The relationship between a ‘no-right’ and a liberty is illustrated by the analogy that though one is at liberty to look over their neighbor’s fence, they (the neighbor) isn’t obliged to stand there to be looked.

Claims

A claim stresses the need for respect, thus placing a correlating ‘duty’ upon a person to act, or not to act, in some manner towards the plaintiff. If two people sign a contract in which one party agrees to sell their house for an agreed sum and the other agrees to pay, then they have a claim for the house. The first party is obligated to give the other custody of the said property.

A ‘power’ affects the rights of the person who’s likely to be affected. The power to sue is arguably the most significant power which exists.

Immunities

Lastly, an ‘immunity’ legally discharges one person from being interfered with by a different party. Claims inform people what they aren’t allowed to do while immunities define what people are forbidden from doing by the law. One person can’t enslave another because this is prohibited. Immunities such as freedom from torture and enslavement are the most fundamental human rights. And it’s such legal rights that we argue that they also apply to some nonhuman animals.

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The Fourth Amendment And What It Means To You

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The Fourth Amendment of the US Constitution is one of 27 amendments, but due to being within the beginning section, is known as an amendment which is part of the Bill of Rights, which was argued by some in the founding of the US to be a vital part of the Constitution in order to protect and inform citizens as to the rights they have in everyday behaviors and situations.

So what is the Fourth Amendment? The Fourth Amendment states that all citizens are to be protected from unlawful search and seizure and that these must be done under the context of a judge’s approval and warrant that is based upon probable cause that a crime is being committed.

What does this mean for you? It means that police cannot enter your home or vehicle without your permission unless they have a warrant from a judge and that their desire to enter these places is built on probable cause that you have done something against the law. This is a very important piece of legislation to keep in mind whenever dealing with the police. If police wish to enter your home, you have the right by the Constitution of the United States to deny them permission to do so. If they wish to enter regardless, a judge has to allow them to do so after reviewing their case and their reasoning for wanting to search your home.

Your privacy is yours and your property is yours, and you should never let the police tread onto your privacy or property for no reason. That is what the Fourth Amendment is for, to protect you from wrongdoing on the part of the government. Keep informed on what rights you have as a citizen, including all amendments that are part of the Bill of Rights, including the Fourth.

Amendments are the backbone of what makes our government evolve and grow better for Americans. It is what keeps them safe from abuse and gives them a right to stand up for themselves with protection from the law.

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What You Should Know About At-Home Paternity Tests

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A man may be interested in home paternity tests for many reasons. He may have some doubts about the parentage of his child. He may want to establish a visitation schedule so that he can build a relationship with his child. He may want to have proof of parentage for a government benefit, as well. Home paternity tests are becoming increasingly popular because of their ease of use, cost-effectiveness and convenience. The following contains some information that a person may need to know about the tests:

What Kinds of Home Paternity Tests Can You Buy?

One of the most common home paternity tests is the swab test. The swab test is about $80, and it requires the user to take a sample of saliva from himself and the child. The parent then sends the swab samples to a lab, and the results come in about one to two days. The price of the test includes laboratory fees.

How Do Home Paternity Tests Work?

Paternity tests work by comparing a man’s DNA with a child’s DNA. The swab paternity tests are more than 99 percent accurate. Interested persons can shop for at-home paternity tests online or at physical stores. Pharmacies such as Walmart, Walgreen’s, CVS and the like sell paternity test that people can use.

Can You Use Home Paternity Tests in Court?

Some at-home paternity tests are eligible for use in court. Such tests require a witness to be present during the sampling. The witness must sign a form. Parents can then use paternity tests results in court.

Why Order a Paternity Test?

A paternity test can give a man and a woman peace of mind when it comes to their child. The custodial parent will be eligible for support, and the non-custodial parent will be eligible for visitation under most circumstances. The child will be eligible for compensation if either of the parents passes away, as well.

Knowing the facts on parentage is always the best option. Many trusted medical product providers offer home paternity tests for caring fathers.

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