Category: Legislation

Law Legislation

Rights of Our Children – The Future Leaders!

It was around the 19th century that the rights of a child movement began. Before this, children were not really protected as they should have been. However, on the 20th of November 1989, an international treaty was approved by the United Nations.

This treaty is called the Convention on the Rights of the Child. It was put together in acknowledgment that the rights of a child need to be protected. Children’s rights fall into the Constitution of the United States. The constitution regulates all federal and fundamental laws.

In 1989, most countries had signed and sanctioned the treaty except for Somalia, South Sudan and the United States of America. To date, the US has yet to sanction the treaty despite the country playing a heavy role in 1989 drafting the treaty with the UN. The treaty officially came into effect in 1990.

The Rights of our Children

The UN marked the 20th of November as the Universal Children’s Day holiday in remembrance of the adoption of the international treaty in 1989. Below, are the basic rights of a child in the US.

Children’s Rights

A child has the right to life, an identity, and a nationality. A child also has the right to good health and medical care. Included with these rights is the right to live with his or her parents as well as the right to education. However, primary education is free yet mandatory.

Children are protected against torture, ill-treatment, wrongful arrest, and deprivation of independence. This also means they have the right to the freedom of expression and the choice of religion. Children are not allowed into the army if they are under the age of 15.

It is important to note that there are two classifications of laws of minors. There are basic children’s rights and basic youth rights. The latter is only relevant in the case that a child reaches a certain age. There are, however, organizations advocating for inter-generational equity.

Our children are the next generation leaders of our country, so let’s protect them!

Law Legislation

Understanding Employment Federal and State Laws

As we know, each state in the United States of America is regulated by their own laws barring those of federal laws. All states are required to abide by federal laws of which are implemented and guided by the legislative and executive federal government.

When it comes to the employment laws of South Carolina; some are specific to the state, whereas others are enforced by federal laws. Below, we outline the common employment laws applicable to South Carolina.

Types of Laws

In employment contracts, it is mandatory for employers to stipulate their company policies and leave benefits. Here, we cover Vacation Leave, Sick Leave, Voting Leave, Jury Duty, and Bereavement Leave.

Vacation Leave

In South Carolina, it is not mandatory for employers to provide vacation leave or payment of such leave. If the company does provide vacation leave, the employer is required to stipulate so in their policies and in the employment contract.

Sick Leave

It is not mandatory for employers to provide paid or unpaid sick leave unless specifically stated in company policy or the employee’s contract of employment.

Bereavement Leave

South Carolina does not have a law stating that this type of leave is mandatory unless the employer has decided to allow this for their employees.

Voting Leave

There is also no state law here that requires employers to allocate time off work to vote.

Jury Duty

The same applies to jury duty, however, an employee cannot, by law, be dismissed or demoted because the employee has been requested for jury duty.

In South Carolina, there are no set laws regarding overtime, lunch breaks, or severance pay. However, federal laws of paid and unpaid overtime apply.

State Holidays Recognized by South Carolina

Most public holidays are recognized in the state of South Carolina. However, it is at the discretion of public and private companies to decide if employees have the benefit of taking those days off or not due to the closing of the business on that particular day.

It is advised to be aware of all policies and stipulations of one’s employment contract.

Law Legislation

Improved Legislation Equals Better Human Rights

The Universal Declaration of Human Rights was made up to promote peace, rule of law, contest crime and corruption, sustain democracies, and alleviate humanitarian issues. The federal courts have jurisdiction over international human rights.

The Bill of Rights in the US has 27 constitutional amendments. The first ten of these amendments forms the Bill of Rights.

Bill of Rights

These rights are as follows:

Freedom of Expression, Religion, and the Press
Right to Bear Arms
Housing of Soldiers
Safeguarding from Unnecessary Search and Seizure
The Right to Life and Independence
The Right to a Speedy Trial by Jury
Rights in Domestic Cases
Freedom of Torture and Exorbitant Fines and Bail
Other Rights kept by the People
Undelegated Powers kept by the State and the People

Of the 27 amendments stipulated in the Bill of Rights, we’ve chosen to outline the most important ones. This includes the year in which they were implemented.

Constitutional Amendments

The First Amendment, which includes the ten amendments, forming the Bill of Rights, was implemented in 1701. The Sixth Amendment is the Right to a Speedy Trial by Jury. It was also implemented in 1791.

The 13th Amendment is the prohibition of slavery in the United States of America which came into effect in 1865. Lastly, the 26th Amendment is the right for anyone over the age of 18 has the Right to Vote. This was implemented in 1971.

Violation of any state or federal laws, specifically child labor laws, can result in either criminal or civil penalties. This includes imprisonment.

Over the years, Congress has addressed the issues surrounding unfair rights or the lack of certain rights. One of these was a woman’s right to vote which was only implemented in 1920. Yes, it was sanctioned many years ago but it’s important to realize that gender equality is now recognized.

As we can see, the federal government has heard the nation’s cry for fairness and equality. It is now up to all American citizens to know their constitutional rights and the laws pertaining to non-compliance of these.