Hidden in Plain Sight: The Tragedy of Children’s Rights

Hidden in Plain Sight: The Tragedy of Children’s Rights from Ben Franklin to Lionel Tate

Hidden in Plain Sight (2008 Princeton University Press) written by Barbara Bennett Woodhouse examines past and evolving perspectives on the human rights of children. Written for both students of law and the general American public, this book offers a solid methodology for how to think about the rights of children through the science of human development. It frames the rights of children by grounding them in basic human rights values of privacy, agency, equality, individual dignity, and protections.

Barbara Bennett Woodhouse is the L.Q.C. Lamar Professor of Law, and director of the Child Rights Project at Emory University. She is also the Donald H. Levin Chair Emeritus in Family Law at the University of Florida.

Woodhouse presents the stories of historical figures familiar to Americans (Louisa May Alcott, Willa Cather, Frederick Douglas, and Ben Franklin) as well as children she has known in her work as a legal representative, a law professor, and a witnessing advocate for children and families.

As the reader follows these lives, learning new insights about familiar Americans, the author describes her own journey to understanding of the problems and solutions society faces in adjudicating the rights of children in numerous situations such as living in child intolerant times, slavery, abandonment, violence, and juvenile justice institutions.

As I read each chapter, Woodhouse gave me ways to think about each child or teenager, how she thought about it and has since changed her mind or confirmed her understanding. The basic premise is that children’s rights in the U.S. are tragically wanting for just policies and deeper understanding of the ecology of child development as we understand it today. Woodhouse compares America’s policies and legal record on children’s rights to the United Nations Convention on the Rights of the Child (CRC).  It is the most rapidly ratified human rights convention in the history of United Nations, yet the U.S. has not joined the international community for fear that the rights of children might infringe on parents’ individual rights and undermine adult authority and control.

Woodhouse argues that the contemporary cult of individualism often contributes to harsh sentencing of children who have committed crimes and are held responsible for their actions by courts of law without due consideration of children’s developmental ability to understand the ramifications of their actions.

Hidden in Plain Sight asks readers to consider our American values in the light of the human rights of children. She evokes the language of the U.N. Special Session for Children:

A world made fit for children is a world fit for everyone.

With little personal foundation in legal study, this book read well for me as an unfolding argument by an experienced legal expert, a mother, and a legal guardian of children. I highly recommend this book to everyone who is concerned with the protection of children, and citizens who worry about the future we adults are creating for the children in our lives and around the world.

RELATED ISSUE: Juliana vs. U.S. – Children’s Constitutional Lawsuit.

Their complaint asserts that, through the government’s affirmative actions that cause climate change, it has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.