Why children should have constitutional rights of their own.

This article examines the importance of including dedicated constitutional provisions that protect children's rights in national constitutions with enforceable rights through judicial review. It argues that such provisions legitimize children's rights by placing them on equal footing with adult rights, elevate their status within the legal hierarchy to ensure supremacy and entrenchment, and provide a necessary counterbalance to parental, family, or other adult rights that might otherwise undermine children's interests. The article addresses and rejects three main objections: opposition to constitutional rights generally, resistance to recognizing children's rights as independent, and concerns about "special rights" for children potentially weakening their protections. Drawing on international law, notably the United Nations Convention on the Rights of the Child (CRC), and examples such as South Africa's Constitution, the article advocates for constitutional texts that afford children high visibility, agency, and enforceability to enhance compliance with children's rights obligations.