Concepts that are useful in other areas of human rights break\ndown in the context of children. Because children are dependent\non adults for their development, they are an anomaly in the\nliberal legal order, which views negative rights as implying fully\nrational, autonomous individuals that can exercise free choice.\nThis Article argues for a positive right to protection for children,\nrooted in dignity, by probing the problematic nature of the\npositive/negative rights duality and exploring alternate legal\napproaches to protecting children 's rights in both international\nand comparative law. The adoption of positive rights for\nchildren would help assure adequate protection, which the\ncurrent American legal regime, as typified by the case DeShaney\nv. Winnebago County Department of Social Services, fails to do.