While the United States is almost alone in not ratifying the U.N. Convention on the Rights of the Child (CRC), significant progress has been made on reducing the number of children prosecuted as adults, thereby bringing the U.S. closer to compliance with the CRC. However, the reduction in numbers of children tried as adults has not be accompanied by a reduction in racial disparities; children of color remain disproportionately affected by the practice of transferring children to the adult criminal justice system. Consciously and intentionally addressing this form of racial discrimination will be necessary for progress in respecting the rights of children in the United States to continue.

In the United States, there is no constitutional provision or national law prohibiting states from subjecting children under age 18 to the adult criminal justice system, imposing adult criminal sentences, or incarcerating children in adult prison facilities. As a result, on any given day nearly 5,000 children are detained in adult jails and prisons.