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Revised August 5, 2009
Know the Issues: The UN Convention on the Rights of the Child

As homeschoolers, we teach our children the importance of critical thinking, and not just taking something as fact just because we see it in print. The possibility that the Obama Administration may push for ratification of the UN Convention on the Rights of the Child (often referred to as CRC or UNCRC) has spawned a movement for a constitutional amendment that would protect parental rights. The Bible tells us to be watchful and to walk circumspectly. That means we are to evaluate a decision from every angle in order to understand the consequences of any course of action. It is in that vein that we offer this information.

What It Is
The UN Convention on the Rights of the Child (CRC) has been around for some time. It was adopted by the UN General Assembly in 1989. As of November, 2008, the only members of the UN who have not ratified it are the United States and Somalia. This is not the first time the US has refused to ratify a UN convention. A copy of the Convention can be found on www.unicef.org/crc.

Background
The CRC was originally designed to improve the lives of children throughout the world. It was a response to the growing exploitation of children in prostitution rings and slavery, atrocities committed as a result of civil wars, appalling conditions in refugee camps, and certain cultural practices. The UNICEF website on the CRC explains that it is the “first legally binding international instrument to incorporate the full range of human rights – civil, cultural, economic, political, and social rights.” The introduction goes on to say:

        In 1989, world leaders decided that children needed a special convention just for them because
        people under 18 years old often need special care and protection that adults do not. The leaders
        also wanted to make sure that the world recognized that children have human rights too.


UNICEF's webpage spells out the basic human rights that children should have:
  • the right to survival
  • to develop to the fullest
  • protection from harmful influences, abuse, and exploitation
  • and to participate fully in family, cultural, and social life.
It adds that the four principles of the Convention are:
  • non-discrimination
  • devotion to the best interests of the child
  • the right to life, survival, and development
  • and respect for the views of the child.
Why the Concern?
Given the existence of such horrendous conditions, the convention is certainly understandable. Proponents argue that the international mandate is necessary to fight such evils. Why the concern then? While the general ideals sound good on the surface, it is the details outlined in the Articles of the Convention that cause concern.
  • The CLC greatly expands the concept of the best interests of the child.
  • The right to life concept includes defining the child as a separate, independent economic unit.
  • The right to development particularly makes primary education compulsory, makes educational and vocation information and guidance available and accessible to all children, and mandates that States Parties (countries that have ratified the Convention) shall take appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity.
Supreme Court Justice Louis Brandeis put it this way in Olmstead v. United States: “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding.” The major concern is that the Articles of the Convention signify major encroachments. For example the phrase, “in the best interests of the child,” is taken from custody and child abuse cases handled in the state court system where individual situations can be examined based on specific state codes. The CRC places the evaluation of these interests in the hands of “competent authorities” at the federal level.

Likewise, Article 29 mandates that the education of the child shall include the development of the child's personality, talents, and mental and physical abilities to their fullest potential. While it gives lip service to respect for the child's parents, it goes on to ensure “the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples...and the development of respect for the natural environment.” The articles says government will not interfere with the liberty of individuals and bodies to direct educational institutions unless they go against the principles set forth in the document.

The CRC even goes so far as to mandate the use of the mass media to “ensure that the child has access to information and material from a diversity of national and international sources.” And since the child is considered a separate entity, it is the child's right, not the parent's prerogative to decide what the child is exposed to. The child has the right to be free of imposition of parental rules and thought patterns.

The main concern, of course, is who decides? A judge who is anti-homeschooling, who decides that the child is not being exposed to alternative viewpoints? A judge who is anti-Christian who believes that teaching what the Bible says about certain lifestyles is intolerant and considered a hate crime? Or a governor who killed a parental notification bill passed by the representatives of the people? All recent examples within these United States.

Proponents argue that conservatives and Christians are blowing these items out of proportion, declaring that the intent of the Convention is not to undermine the role of the parent. But the vagueness of the Articles and the sweeping authority given to the States Parties (federal governments) suggests otherwise.

Why a Constitutional Amendment?
Senator Jim DeMint (South Carolina) authored Senate Joint Resolution 16 and Representative Pete Hoekstra (Michigan) authored House Joint Resolution 42, to initiate the process of adding a “Parental Rights Amendment” to the Constitution of the United States to ensure that no law or international treaty would undermine the authority of the parents and family in raising children. Even though the ratification of the treaty has not been able to pass Congress to date, it is believed that such an amendment would settle the matter once and for all, not to mention restating the need for parents to know what their minor-aged children are doing or to decide what medications their children are forced to take.

The primary organization leading the push for the amendment is www.parentalrights.org, started by one of the founders of the Home School Legal Defense Association, Michael Farris. Mr. Farris has written several articles addressing his concerns about the treaty and the need for an amendment. They are available on the Parental Rights website. A typical article from the mainline media can be found on www.ClipandCopy.com, “US Clash Brewing Over Global Rights of Child Pact, Associate Press national writer David Crary, April, 29, 2009.

Is an Amendment Necessary or Desired?
Homeschoolers need to know that there is not full agreement, even within the homeschooling community, that an amendment to the US Constitution is the best way to go. Both proponents and critics of the UN Convention have expressed concerns. The major concerns are:
  1. In most cases, an international treaty is passed as a non-self-executing convention. In a nutshell, this means that any provision in the treaty that goes against already existing state or federal law would not take effect until legislation is passed overriding the existing law. Proponents contend that the Bill of Rights and the principle of states rights would take precedence. But that question is debatable, particularly given the tendency of the judicial system to “legislate through interpretation” and the propensity of the US Supreme Court justices to cite international law and precedence when interpretating our nation's laws.
  2. Given the difficulty of getting the necessary votes in Congress and the ratification of the amendment by the required number of states, some critics of the Convention believe that pursuing an amendment only distracts voters from focusing efforts on defeating the treaty itself. (see “UN Convention on the Rights of the Child: Cause for Concern but Not Panic” by Larry and Susan Kaseman, January-February 2009 issue of Home Education Magazine www.homeedmag.com.
  3. Probably the most important reason is that a Constitutional amendment would take the issue of parental authority out of the hands of the states and place it under the auspices of the federal government. It is the fact that education and the welfare of the family is left to the states that has enabled homeschoolers to protect their freedom to educate their children as they see fit. Not to mention defeat federally mandated educational standards and curriculum. Attorney Deborah G. Stevenson, Executive Director of the National Home Education Legal Defense (NHELD) writes, “If the newly proposed Constitutional amendment is adopted, the federal government will have the power to tell you, the parents, whatever it chooses to tell you about anything involving your children.” (see www.nheld.com/BTN67.htm). While that statement may sound extreme, the point is that the amendment process would open the door to the federal government having a say, even defining, parental rights.
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