Among all species that inhabit the world today, being born a human is a special privilege. Made in the image of our Creator extends us a degree of creative faculties and thoughtfulness not granted to others. Nonetheless, there is a flip-destructive side where one of our kind may threaten our safety and well-being.
This is precisely why the law provides various kinds of protection at every stage of human life. The United Nations Population Fund states that human rights are inalienable and universal. This means everyone born into this world possesses equal rights, notwithstanding their location, race, religion, or ethnic background.
In case of violation or discrimination, the individual can seek legal protection. This article will dive deeper into how Federal law protects American citizens at every stage of life. We will essentially dwell on three main areas of concern.
Abuse/Exploitation
Be it an infant, a toddler, an adolescent, or even a senior, abuse of any kind is much more commonplace than we think. This may take the form of physical, emotional, sexual, or mental abuse.
Let’s look at some examples of each. The Washington State Department of Social and Health Services categorizes the different types of abuse and their signs for better understanding. Even abandonment is a form of abuse in the sense that the vulnerable older adult is left to fend for themselves with no means to survive.
We will discuss abuse and exploitation under two broad classes – younger and older demographics. Let’s honor the hoary head and begin with the latter class.
Elder Abuse and Exploitation
In the event of World Elder Awareness Day 2024, the World Health Organization (WHO) shared some key facts surrounding elder abuse. In the previous year, at least one in six people aged 60 or above experienced some sort of abuse.
What’s even more shocking is that two in three staff from nursing homes and elder long-term care facilities confessed to abusing the vulnerable. By 2050, the worldwide elderly population is expected to boom more than double what it was in 2015. Seniors, in particular, and others in general need to be aware of their rights.
The Ken Paxton Attorney General of Texas official website shares that every senior has the right to be free from physical and mental abuse. Moreover, they have the right to communicate in case of any manner of abuse. As seniors go about their daily affairs, they can decide on matters of care, benefits, services, etc.
It is often said lovingly and jokingly that older adulthood is a lot like childhood. It may be in some aspects because life is a full circle. However, no one must treat a senior as if they’re still in leading strings, incapable of deciding what’s best for them.
If elder abuse is involved, the US Department of Health and Human Services recommends dialing 911 right away. Even the Eldercare Locator helpline number – 1-800-677-1116 – can be called. Seniors can seek fair compensation under the civil law.
Young People Abuse and Exploitation
Be it a suckling who has barely entered this world or a teen undergoing the turmoil of adolescence, the law protects them all against abuse. The National Institutes of Health (NIH) shares a study wherein was found that one in four children experience abuse throughout their lifetime.
This may also take the form of physical, mental, or sexual abuse. The highest percentage was ascribed to neglected children, primarily by their parents due to drug addiction, unplanned pregnancy, poverty, or mental disorder. In 2022, Texas had the highest number of fatalities resulting from abuse.
As shocking as it is, in most such cases of fatality, the perpetrator was the victim’s mother. The law protects our younger demographics under the Child Abuse Prevention and Treatment Act (CAPTA) of 1974. If anyone suspects that a child or teenager is experiencing abuse, they must report this to a local child welfare agency or the police department.
Negligence
In the previous section, we focused on neglect in the sense of the care that parents, children, or caregivers are obligated to extend. There can be another form of failure to perform care duties, categorized under negligence.
These duties are legally binding on companies, drivers on the road, and property owners, among others. Let’s take an example to understand this better. Companies, especially those involved in manufacturing, must follow stringent design rules and quality checks.
If their product causes any harm or injury to the consumer, they can be sued in court. Likewise, Mead Johnson and Abbott Laboratories, being baby formula manufacturers, must ensure strict Food and Drug Administration (FDA) standards for health and safety. We chose these companies because they specialize in baby products, hence any harm becomes a lot more sensitive matter.
Unfortunately, they have failed to meet their claims. It has been unearthed that baby formulas like Enfamil and Similac can have disturbing side effects like Necrotizing Enterocolitis (NEC). According to TorHoerman Law, this condition of the gastrointestinal tract primarily affects premature babies and those with low birth weight.
The infant may require surgery or succumb due to an underdeveloped immune system. In such cases, the victims’ families can file a lawsuit against the product manufacturer for negligence.
Over 500 parents have done the same, expecting fair compensation for their baby’s health or life. As per the latest NEC lawsuit update, Bellwether trials are soon to be held for this litigation.
Similarly, if there is a road accident and a driver is responsible, the victim can sue them for fair compensation. This is because every driver has the responsibility of driving carefully on the roads.
The victim only needs to prove negligence in court to win the case. Other instances of legal protection at any stage of life include medical malpractice, slip and fall accidents on another’s premises, and dog bite incidents.
Financial Assistance
An interesting report was covered early this year. It revealed that nearly half (47%) of young adults are still financially supported by their parents to varying degrees. Around 61% of them live in their parents’ residences without contributing a penny to household expenses.
We understand that millennials and Gen Zers have had it tough in terms of housing, education loans, job security, etc. It still does not justify putting substantial strain on aging parents. Many are losing their savings otherwise preserved for rainy days post-retirement.
Adult children bear the responsibility and privilege of caring for their graying parents. Looking after those who once took care of us is not charity, and thankfully, many Americans realize this. Another study found that the relationship dynamic with parents was so important to Americans that many were willing to forego legacy money.
In other words, they were placing senior caregiving needs over money to hand down to their children. Nonetheless, if there is a refusal for financial assistance, elders can contact legal experts for compensatory relief. The other extreme is parents or guardians refusing to provide for dependent children. The same will be dealt with under child abuse and neglect.
As we saw through our three examples or areas of concern, where there are rights there is also the possibility of abuse. Let’s close by clarifying why we did not discuss a more fundamental right, which is that to life. This basic right is not mentioned under the US Constitution but in the Declaration of Independence.
It encompasses the belief that every being has the right to live without the fear of being killed by the government or another entity. In other words, this concept generally arises when issues like abortion, euthanasia, capital punishment, or wars are involved.
Since it is not a part of the Constitution, it is up to each state to decide. This is precisely why even the abortion legislation is vested into the State’s hands, despite the Supreme Court’s 2022 Dobbs decision.