Campaign for US Ratification of the Convention on the Rights of the Child

2012 Presentation

Overview of Presentation

• Brief background of the CRC• Helpful Terms• Core Provisions and Underlying Principles• What the CRC says about family• The leadership role of the US in drafting

the CRC• Why the US should ratify the CRC• The CRC and opposition• The CRC: What’s next

What is the UN Convention on the Rights of the Child

(CRC)?The CRC is the first legally binding international human rights treaty that incorporates the full range of human rights.

The 42 substantive articles of the CRC provide an excellent framework for ensuring the well-being of children.

History of the CRC

• Adopted unanimously by the UN General Assembly in 1989

• Instituted as international law in 1990

• To date, ratified by all but 3 United Nations Member States

Helpful Terms

• Convention• Treaty• Ratification• States Party

Convention

• A formal agreement between two states

• Synonymous with the generic term treaty

• An instrument negotiated by an international organization

Treaty

• A solemn and formal agreement, governed by international law

• Concluded between states and entities having the capacity to enter into treaties (i.e. the United Nations and its specialized agencies)

Ratification

• Approval, confirmation or expressed consent

• A formal step taken by a state to legally bind its government to a treaty or convention

States Parties

• Countries that have adhered to a particular convention or treaty

• There are 193 States Parties to the CRC

Four Core Provisions of the CRC

1. Survival and Development

2. Freedom from Discrimination

3. Best Interest of the Child

4. Freedom of Expression

First Core Provision: Survival and Development

Children have the right to survival

and development in all aspects of

life.

(Article 6)

Second Core Provision: Freedom from Discrimination

Children must not be

discriminated against for any

reasons.

(Article 2)

Third Core Provision: Best Interests of the Child

With regard to decisions that

affect children, their best interests

should be a primary consideration.

(Article 3)

Fourth Core Provision: Freedom of Expression

In all matters affecting them,

children have the right to be heard

and express themselves.

(Article 12)

Underlying Principles of the CRC

1. Survival

2. Development

3. Protection

4. Participation

Underlying Principles

Survival• Healthcare (Article 24)• Standard of living (Article 27)

Development• Education (Articles 28/29)• Information that enhances well-being

(Article 17)

Underlying Principles (con’t)

Protection• Abuse/Neglect (Article 19)• Exploitation (Article 36)

Participation• Leisure and recreation (Article 31)• Association/Assembly (Article 15)

Family

The CRC recognizes the family “as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children…” (Preamble)

Family (con’t)

“[T]he child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding…” (Preamble)

Family (con’t)

“Imagine a savings account or a trust fund created for a child by a third party but held in trust by a parent or guardian. The parent or the guardian is a ‘fiduciary’ or a steward of the child’s wealth. In a similar fashion, the CRC looks at parents as the stewards of their children’s rights.”

-Dr. Bob Jacobs

The Role of Parents in the CRC

The CRC repeatedly underscores the primary role parents play in their children’s lives.

There is ample language throughout the CRC to support this, particularly in Articles 3, 5, 7, 8, 9, 10, 14, 18, 22 and 27.

CRC articles supporting the role of parents

Article 3 Best interest of the childArticle 5 The responsibilities, rights and duties of parentsArticle 7 The right to know and be cared for by parentsArticle 8 Preservation of identity, nationality, name and family

relationsArticle 9 Non-separation from parents against their will

(exception: abuse & neglect)Article 10 Family reunificationArticle 14 The right of parents to provide direction on freedom,

thought and religionArticle 18 The right and responsibilities of both parents to raise

the childArticle 22 Right of refugee child to reunification with family Article 27 The right of the parents to secure the child’s standard of living

Government support for families in the CRC

The CRC clearly recognizes that that the family is the basic unit of society and has primacy in children’s lives and development.

However, it calls upon governments as a matter of obligation to support the family to ensure that children are nurtured, protected and allowed to develop.

Government support for families in the CRC (con’t)

Article 2 States Parties ensure that child rights are ensured without discrimination to parent’s status, activities, belief, or expressed opinion.

Article 14 States Parties recognize the right of the child to the enjoyment of the highest standard of health and ensure provision of medical assistance and health care.

Article 18 States Parties take appropriate measures to ensure children of working parents have the right to child care services and care for which they are eligible.

Government support for families in the CRC (con’t)

Article 26States Parties recognize the right of every child to benefit from social security and insurance (in accordance with national laws)

Article 27 (Standard of Living) States Parties shall take appropriate measures to assist parents to implement this right and to make provisions for those in need.

The Leadership Role of the US in drafting the CRC

The United States played a pivotal role in the drafting of the CRC between 1979 and 1989 when the treaty was adopted by the General Assembly. 

The Leadership Role of the US (con’t)

The Reagan and George H.W. Bush Administrations actively contributed to negotiating the treaty’s text.  Under these two Republican Presidencies, the US made textual recommendations for 38 of the 40 substantive law articles and contributed more new provisions than any other country. 

The US submitted initial proposals for these CRC Articles:

Article 12 Freedom of ExpressionArticle 15 Freedom of Association and Assembly Article 16 Right to Privacy (protection from attacks on family, privacy and home) Article 14 Freedom of Thought, Conscience and

Religions Article 10 Family Reunification Article 19 Protection from Abuse and Neglect Article 25 Periodic Review of Treatment (i.e. foster care, alternative placement, etc.)

Why the US Should Ratify the CRC

The values enshrined in the central principles of the Declaration of Independence, the US Constitution and its Bill of Rights are reflected prominently in the CRC.

The US should ratify the CRC because its international leadership on protection of children is best practiced from the inside.

Why the US Should Ratify (con’t)

The US should ratify the CRC because it is a proven effective international instrument to advance the protection of children.  The Convention protects children, preserves and strengthens families and is unquestionably improving the lives of kids.

The US is not a States Party to the CRC and therefore:

• is precluded from participating in the International Committee on the Rights of the Child, the institution that interprets the treaty, establishes inter-country norms and decides on the development of additional instruments

• cannot credibly encourage other nations to embrace human rights norms for children

The CRC at work globally

• The CRC has proven to be powerful tool for child advocates and reformers.

• UNICEF found that 21 countries in Asia, Africa, Europe, the Middle East and the Americas incorporated some or all of the CRC into their national constitutions.

The CRC at work globally (con’t)

The CRC has facilitated extensive reforms in: • civil rights• health care• education• family law• responses to abuse and neglect• sexual exploitation • refugee law

The CRC at work globally (con’t)

Reforms in the area of education have included: • state provision of free and compulsory

primary education • raising the age of compulsory

schooling• increasing opportunities for girls and

children with disabilities to attend school

The CRC at work globally (con’t)

In the area of family law, the Convention has promoted increased services and support for poor families and working mothers and important cutbacks in the use of state institutional care of children.

The CRC and the Opposition

The Convention on the Rights of the Child has often been misunderstood and unfairly characterized.

The CRC and the Opposition (con’t)

Myth: The CRC would become “Supreme Law” of the land.

Fact: As ruled by the US Supreme Court under the Supremacy Clause of the US Constitution, no treaty can override the Constitution. [Reid v. Covert, 354 U.S. 1 (1957)]

The CRC and the Opposition (con’t)

Truth: The CRC is non “self-executing treaty” – it cannot be automatically implemented without legislative action. Each US state would be responsible for developing and executing its own legislation.

The CRC and the Opposition (con’t)

Myth: The CRC undermines the primacy of the parent-child relationship.

Truth: The CRC recognizes the family “as the fundamental group of society and the natural environment for the growth and well-being of all children.

The CRC and the Opposition (con’t)

Truth: The CRC underscores the pivotal role parents play in their children’s lives. There is ample language throughout the CRC to support this. (See Articles 3,5,7,8,9,10,14,18,22 and 27.)

The CRC and the Opposition (con’t)

Myth: Ratification would allow the UN to dictate how parents raise their children.

Truth: The CRC does not, by any means, grant the UN authority to control, govern or police US policies for children.

The CRC and the Opposition (con’t)

Myth: The CRC gives children the right to sue their parents.

Truth: The CRC does not give children the right to sue their parents. Any legal action brought by children against their parents must be based on existing federal or state laws, not on provisions contained in the CRC.

The CRC and the Opposition (con’t)

Myth: Ratification will encourage children to have abortions.

Truth: The CRC maintains no explicit position on abortion and does not define when childhood begins. Ratifying countries remain responsible for forming public policy on these issues through their own national legislative and judicial process.

The CRC and the Opposition (con’t)

The Holy See (Vatican) was one of the first parties to ratify the CRC. Moreover, countries that have strict anti-abortion laws, such as Ireland and the Philippines have ratified the CRC.

The CRC: What’s next

Steps for the US to join an international treaty:1. Negotiation of the text2. Signing by the President3. Transmittal to the Senate by the President 4. Referral to the Senate Committee on

Foreign Relations5. Senate approval of advise and consent to

ratification by 2/3 majority6. Ratification by the President

The CRC: What’s next

The US signed the treaty in 1995.

The President has yet to submit it to the Senate.

The support of the US will make a critical difference in the strength of the treaty, which can then be used as a basis to improve children’s rights around the world.

It’s up to US

Support Children’s Rights Around the World

 Go to www.childrightscampaign.org and sign the petition to President

Obama.