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The United States has signed the United Nations Convention on the Rights of the Child (UNCRC); however, it remains the only United Nations member state to have not ratified it after Somalia ratified it in 2015. [1]
The UNCRC aims to protect and promote the rights of all children around the world. It was the first international treaty to integrate all human rights in reference to children, encouraging them to participate in family, cultural, and social aspects of life. It emphasizes the right to survival, development, and protection against abuse, neglect, and exploitation. U.S. Non-ratification of this document results in children having no standing in court. Several U.S. states have no minimum age for marriage. Children with no standing in court cannot divorce until reaching 18 years of age. Babies, children and teens can be denied safe lifesaving medical help because of parental religious beliefs. The Convention also addresses issues concerning education, health care, juvenile justice, and the rights of children with disabilities. [2]
Under the United States Constitution, the ratification of treaties involves several steps. First, the president or his representative would negotiate, agree, and sign a treaty, which would then be submitted to the United States Senate for its "advice and consent". [3] At that time, the president would explain and interpret all provisions in the treaty. If the Senate approves the treaty with a two-thirds majority, it goes back to the president who can ratify it.
The United States government contributed to the drafting of the Convention. It commented on nearly all of the articles and proposed the original text of seven of them. Three of these come directly from the United States Constitution and were proposed by the administration of President Ronald Reagan. [4] [5] The Convention was adopted by the UN General Assembly on 20 November 1989 and came into effect on 2 September 1990.
On 16 February 1995, Madeleine Albright, at the time the United States Ambassador to the United Nations, signed the Convention. However, though generally supportive of the Convention, President Bill Clinton did not submit it to the Senate. [6] Likewise, President Bush did not submit the Convention to the Senate. During his presidency, Barack Obama described the failure to ratify the Convention as "embarrassing," and promised to review it. [7] [8] The Obama administration said that it intended to submit the Convention to the Senate, but failed to do so. [9] Throughout the entirety of Donald Trump's presidency, his administration did not submit the convention for Senate ratification either. [10] The presidential administration of Joe Biden currently has yet to submit the Convention to the Senate.
States may, when ratifying the Convention, ratify subject to reservations or interpretations. Besides other obligations, ratification of the Convention would require the United States to submit reports outlining its implementation on the domestic level to the United Nations Committee on the Rights of the Child, a panel of child rights experts from around the world. Parties must report initially two years after acceding to (ratifying) the Convention and then every five years. [11]
Many organizations in the United States support ratification of the Convention, including groups that work with children, such as the Girl Scouts and Kiwanis. [12] The "Campaign for U.S. Ratification of the Convention on the Rights of the Child" argues that criticisms mentioned by opponents of the convention "are the result of misconceptions, erroneous information, and a lack of understanding about how international human rights treaties are implemented in the United States". [13]
The Campaign for U.S. Ratification of the Convention on the Rights of the Child is a volunteer-driven network that includes attorneys, child and human rights advocates, educators, members of religious and faith-based communities, non-governmental organizations (NGOs), students, and other concerned citizens. [14] They help to promote the ratification of the UNCRC. This campaign began in 2002 and works through a National Steering Committee, campaign meetings, youth advisory council, and special events with many different partners involved. Its campaign is guided by its mission statement: "Our mission is to bring about ratification and implementation of the CRC in the United States. We will achieve this through mobilizing our diverse network to educate communities on the Convention, thereby creating a groundswell of national support for the treaty, and by advocating directly with our government on behalf of ratification." [15]
Opposition to ratification comes from some religious groups. These, along with many political conservatives, claim that the Convention conflicts with the United States Constitution because, in the original language of the Constitution, "treaties" referred only to international relations (military alliances, trade, etc.) and not domestic policies. This has apparently played a significant role in the non-ratification of the treaty so far. [16] Senator Jesse Helms, the former chairman of the Senate Foreign Relations Committee, described it as a "bag of worms," an effort to "chip away at the U.S. Constitution." [17]
Some Americans oppose the CRC with the reasoning that the nation already has in place everything the treaty espouses, and therefore it would make no practical difference. [18]
Legal concerns over ratification have mostly focused on issues of sovereignty and federalism. [19] Meanwhile, the Supreme Court of the United States has held that, to some significant degree, no government—federal, state, or local—may interfere with the parent-child relationship. [20] [21] The Heritage Foundation sees the conflict as an issue of international control over domestic policy: "Although not originally promoted as an entity that would become involved in actively seeking to shape member states' domestic policies, the U.N. has become increasingly intrusive in these arenas. [22] They express concern about "sovereign jurisdiction, over domestic policymaking" and "preserving the freedom of American Civil Society", [23] and argue that the actual practice of some United Nations Committees has been to review national policies that are unrelated, or at the most marginally related, to the actual language of the Convention. [24]
However, as a "non-self-executing treaty," the convention does not grant any international body enforcement authority over the United States or its citizens, but merely obligates the United States federal government to submit periodic reports on how the provisions of the treaty are being met (or not). The sole enforcement mechanism within the Convention is the issuing of a written report.[ citation needed ]
Article 37 of the Convention prohibits sentencing children under 18 years old to death or life imprisonment with no opportunity for parole. The United States does not comply with this article in its entirety. Three successive Supreme Court decisions have moved toward compliance and the fourth reversing it:
Some supporters of homeschooling have expressed concern that the Convention will subvert the authority of parents. [30] [31]
One of the most controversial tenets of the Convention is the participatory rights granted to children. [32] The Convention champions youth voice in new ways. Article 12 states:
Parties shall assure to the child who is capable of forming his or her or their own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child ... the child shall, in particular, be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child ... [33]
David M. Smolin argues that Article 29 limits the fundamental right of parents and others to educate children in private school by requiring that all such schools support the principles contained in the United Nations Charter and a list of specific values and ideals. He argues that "Supreme Court case law has provided that a combination of parental rights and religious liberties provide a broader right of parents and private schools to control the values and curriculum of private education free from State interference. [16]
Smolin, otherwise a proponent who urges U.S. reservations to the convention, argues that Article 5, which includes a provision stating that parents "provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention", [34] "is couched in language which seems to reduce the parental role to that of giving advice". [16] , pages 81 & 90 The Campaign for U.S. Ratification of the Convention on the Rights of the Child argues that the Convention protects parental responsibility from government interference. [13] Child advocacy groups draw attention to the fact that treaty ratification would stop parents from sending their children to military schools at young ages. They argue that military indoctrination of children is unnatural and it cements a world view of war, violence, and soldiering at a young age.
The Campaign for the U.S. Ratification of the CRC believes, instead, that the CRC does not outline any specific interference with school curricula, nor would ratification prevent parents from homeschooling their children. In addition, 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 to the CRC) and repeatedly underscores the pivotal role parents play in their children's lives (Articles 3, 5, 7-10, 14, 18, 22, and 27.1). Under the Convention, parental responsibility is protected from government interference. Article 5 states that Governments should respect the rights, responsibilities, and duties of parents to raise their children. There is no language in the CRC that dictates the manner in which parents are to raise and instruct their children. [35]
Geraldine Van Bueren, the author of the principal textbook on the international rights of the child, and a participant in the drafting of the Convention, has described the "best interest of the child standard" in the treaty as "provid[ing] decision and policy makers with the authority to substitute their own decisions for either the child's or the parents' "; [36]
Smolin argues that the objections from religious and political conservatives stem from their view that the U.N. is an elitist institution, which they do not trust to properly handle sensitive decisions regarding family issues. [16] He suggests that legitimate concerns of critics could be met with appropriate reservations by the U.S. [16] , page 110
The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
The Children's Rights Movement is a historical and modern movement committed to the acknowledgment, expansion, and/or regression of the rights of children around the world. This act laid several constitutional laws for the growth of a child's mental and physical health.. It began in the early part of the last century and has been an effort by government organizations, advocacy groups, academics, lawyers, lawmakers, and judges to construct a system of laws and policies that enhance and protect the lives of children. While the historical definition of child has varied, the United Nations Convention on the Rights of the Child asserts that "A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier." There are no definitions of other terms used to describe young people such as "adolescents", "teenagers" or "youth" in international law.
Children's rights or the rights of children are a subset of human rights with particular attention to the rights of special protection and care afforded to minors. The 1989 Convention on the Rights of the Child (CRC) defines a child as "any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier." Children's rights includes their right to association with both parents, human identity as well as the basic needs for physical protection, food, universal state-paid education, health care, and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics.
The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child.
The Juvenile Justice Act, 2000 is the primary legal framework for juvenile justice in India. The act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. In the wake of Delhi gang rape, the law suffered a nationwide criticism owing to its helplessness against crimes where juveniles get involved in heinous crimes like rape and murder. In 2015, responding to the public sentiment, both the houses of parliament in India further amended the bill that proposed adult-like treatment for juveniles aged 16–18 above accused of heinous crimes. The lower house, i.e. Lok Sabha passed the bill on 7 May 2015 and the upper house, i.e. Rajya Sabha on 22 December 2015. The bill was approved by President Pranab Mukherjee's assent on 31 December 2015.
According to the U.S. Department of State's annual report on human rights in Mali for 2003, Mali's government generally respects the human rights of its citizens and observes relevant constitutional provisions and prohibitions.
Stop Child Executions was a non-profit organization co-founded by Nazanin Afshin-Jam that aims to put an end to executions of minors in Iran. The organization campaigned to raise awareness about the issue and to put pressure on the government of the Islamic Republic of Iran, both in Iran and internationally. SCE was a follow-up effort to the successful campaign and petition that helped save the life of Nazanin Fatehi, an Iranian teenager sentenced to death for killing her attempted rapist. The "Save Nazanin" petition garnered more than 350,000 signatures worldwide. Fatehi was released from prison in 2007.
International child abduction in Japan refers to the illegal international abduction or removal of children from their country of habitual residence by an acquaintance or family member to Japan or their retention in Japan in contravention to the law of another country. Most cases involve a Japanese parent taking their children to Japan in defiance of visitation or joint custody orders issued by Western courts. The issue is a growing problem as the number of international marriages increases. Parental abduction often has a particularly devastating effect on parents who may never see their children again.
The parents' rights movement is a civil rights movement whose members are primarily interested in issues affecting fathers, mothers and children related to family law, including child custody.
Laws against child sexual abuse vary by country based on the local definition of who a child is and what constitutes child sexual abuse. Most countries in the world employ some form of age of consent, with sexual contact with an underage person being criminally penalized. As the age of consent to sexual behaviour varies from country to country, so too do definitions of child sexual abuse. An adult's sexual intercourse with a minor below the legal age of consent may sometimes be referred to as statutory rape, based on the principle that any apparent consent by a minor could not be considered legal consent.
The timeline of young peoples' rights in the United States, including children and youth rights, includes a variety of events ranging from youth activism to mass demonstrations. There is no "golden age" in the American children's rights movement.
In the United States, human rights comprise a series of rights which are legally protected by the Constitution of the United States, state constitutions, treaty and customary international law, legislation enacted by Congress and state legislatures, and state referendums and citizen's initiatives. The Federal Government has, through a ratified constitution, guaranteed unalienable rights to its citizens and non-citizens. These rights have evolved over time through constitutional amendments, legislation, and judicial precedent. Along with the rights themselves, the portion of the population granted these rights has expanded over time. Within the United States, federal courts have jurisdiction over international human rights laws.
The Parental Rights Amendment to the United States Constitution is a proposed change to the United States Constitution. The amendment's advocates say that it will allow parents' rights to direct the upbringing of their children, protected from federal interference, and the United Nations Convention on the Rights of the Child. The Amendment was first proposed during the 110th Congress as House Joint Resolution 97 in July 2008, but no action was taken during that Congress. The Amendment has been described as a "wedge issue" and part of the culture wars.
Mexico is amongst the world's most popular sources and destinations for international child abduction while also being widely regarded as having one of the least effective systems of protecting and returning internationally abducted children within its borders.
The term international child abduction is generally synonymous with international parental kidnapping,child snatching, and child stealing.
International child abduction in Brazil comprises cases in which the removal of a child by one of the joint holders of custody or non-custodial or contested parents to Brazil in contravention of other laws of other countries and/or the desires of other custody claimants. The phenomenon of international child abduction is defined in international law and legislated on by the Hague Convention on the Civil Aspects of International Child Abduction, which entered into force in Brazil on January 1, 2000, and aims to trace abducted children, secure their prompt return to the country of habitual residence and organize or secure effective rights of access. In 2010 Brazil was accused by the US State Department of being non-compliant with the Hague Convention.
As a result of its high level of immigration and emigration and its status as common source and destination for a large amount of international travel the United States has more incoming and outgoing international child abductions per year than any other country. To address this issue the United States played an active role in the drafting of the 1980 Hague Convention on the Civil Aspects of International Child Abduction Although the United States was one of the first nations to sign the Convention in 1981 the Convention did not enter into force for the US until 1988 with the enactment by Congress of the International Child Abduction Remedies Act which translated the Convention into US law.
Children's rights in Malaysia have progressed since Malaysia acceded to the Convention on the Rights of the Child (CRC) in 1995 and introduced the Child Act in 2001.
The Islamic Republic of Iran signed the UN Convention on the Rights of the Child (CRC) in 1991 and ratified it in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."