Saturday, April 03, 2010

The Senate & The UN Convention On The Rights Of The Child

International treaties are attempts to make it more difficult to rectify a mistake. As difficult as legislation is to pass, once a treaty is enacted by the Senate, it's even more difficult to repeal. Michael Farris (and, yes, Mike Huckabee) discuss a treaty that will be before the Senate this year called the UN Convention on the Rights of the Child:

Campaign for Liberty notes

Ten things you need to know about the structure of the CRC.

1. It is a treaty which creates binding rules of law. It is no mere statement of altruism.

2. Its effect would be binding on American families, courts, and policy-makers.

3. Children of other nations would not be impacted in any direct way by our ratification.

4. The CRC would automatically override almost all American laws on children and families because of our Supremacy Clause.

5. The CRC has some elements that are self-executing, while others would require implementing legislation. Federal courts would have the power to determine which provisions were self-executing.

6. The Courts would have the power to directly enforce the provisions that are self-executing.

7. Congress would have the power to directly legislate on all subjects necessary to comply with the treaty. This would constitute the most massive shift of power from the states to the federal government in American history.

8. A committee of 18 experts from other nations, sitting in Geneva, has the authority to issue official interpretations of the treaty which are entitled to binding weight in American courts and legislatures. This effectively transfers ultimate authority for all policies in this area to this foreign committee.

9. Under international law, the treaty overrides even our Constitution.

10. Reservations, declarations, or understandings intended to modify our duty to comply with this treaty will be void if they are determined to be inconsistent with the object and purpose of the treaty.

Ten things you need to know about the substance of the CRC.

1. Parents would no longer be able to administer reasonable spankings to their children.

2. A murderer aged 17 years, 11 months and 29 days at the time of his crime could no longer be sentenced to life in prison.

3. Children would have the ability to choose their own religion while parents would only have the authority to give their children advice about religion.

4. The best interest of the child principle would give the government the ability to override every decision made by every parent if a government worker disagreed with the parent's decision.

5. A child's "right to be heard" would allow him (or her) to seek governmental review of every parental decision with which the child disagreed.

6. According to existing interpretation, it would be illegal for a nation to spend more on national defense than it does on children's welfare.

7. Children would acquire a legally enforceable right to leisure.

8. Teaching children about Christianity in schools has been held to be out of compliance with the CRC.

9. Allowing parents to opt their children out of sex education has been held to be out of compliance with the CRC.

10. Children would have the right to reproductive health information and services, including abortions, without parental knowledge or consent.

This is yet another important reason to repeal the 17th Amendment, to get that power out of the hands of political parties. If Senators were beholden to their states instead of being beholden to the party that got them elected, they would not approve of laws or treaties that make it more difficult for states to protect the rights of their citizens.


Anonymous said...

America must realize that we must not only stand our ground, but must retake ground that we either lost or willingly forsook. We must not only prevent further mistakes but also correct past mistakes like the 17th amendment. I pray that the light of truth will open eyes to see the deceptions so long hidden in darkness. We stand on slipperry ground... Let us return to the solid rock!

Eric Potter MD
Tennessee Director Parental Rights.Org

danq said...

Repeal the 17th Amendment, and ratify the Bricker Amendment: