Across the United States children are being killed or brutalized and courts consistently find no rights violations in this violence. When children are in school or under the protection of social services, courts insist that officials do not even need to take the simplest actions to protect children under their care. Even in cases where government officials are directly responsible for the death or injury of a child, courts stretch to excuse the officials responsible with doctrines like qualified immunity. The Supreme Court’s construction of a constitutional identity rooted in exceptionalism and libertarianism is clear in these cases. This chapter shows that the U.S. Constitution does indeed support the positive obligation to protect rights. Contrasting U.S. court decisions with those from the European Court of Human Rights, the Inter-American Court of Human Rights, and other national courts demonstrates the superiority of a human rights approach to children’s rights. This is strongly supported by the views of child rights advocates from the U.S. and abroad obtained through interviews.