Not being a parent this may have slipped under my radar for some time, but a fight over the rights of parents is brewing in Congress. Republicans in the House have introduced a bill to amend the Constitution and add a Parental Bill of Rights. When I first heard the news I dismissed the idea as ridiculous. Why should the government bestow rights upon families? It feels so wrong to me considering how the parent-child relationship long pre-dates the government.
Then again I didn’t know about the U.N. Convention on the Rights of the Child. This UN treaty defines certain rights every signatory nation is supposed to guarantee for children. Immediately I have to ask why is this the UN’s business. The UN is supposed to be a forum between nations. Why is it trying to legislate when it is not a government?
It would be a nice idea to read through the treaty’s actual text, but what loser has that much time on their hands? It has 54 articles! Okay I’m a loser. I actually did read the treaty. I got caught up in the preamble and it didn’t seem so bad. Here I’ll summarize the 54 articles. If you’re also a total loser read along side with a copy of the treaty from that earlier link.
Article 1: Sets a definition of a child. I don’t understand the caveat though. “…unless under the law applicable to the child, majority is attained earlier.” Majority? Is that some legal term for adulthood?
Article 2: No discrimination.
Article 3: Best interest of the child is primary concern.
Article 4: Every nation that agrees to this treaty must also pass whatever laws necessary to make its provisions part of the nation’s law.
Article 5: Parents (or legal guardians) have their own rights and responsibilities (which are unnamed) that must be respected by signatory nations.
Article 6: This looks to me like the very first contentious part. “…every child has the inherent right to life.” Unless you go back to rewrite article one and tighten up the definition of a child, here is the basis for a ban on abortion. After all, article four says you must pass laws that implement these treaty articles.
Article 7: I find it amusing that the UN is essentially granting the right to bureaucracy. “The child shall be registered immediately after birth…” *whew* What a weight off my mind. Every child can expect to be entered into a record.
Article 8: This looks like a leftist dream. This forces nations to preserve a child’s identity. Identity includes nationality. Now we can have lawsuits by NGOs who demand governments pay more money into lame cultural programs so minority children will feel their nationalities are being celebrated. Yes, cultural assimilation cannot be allowed.
Article 9: I find this to be an exercise in pointless legalese. Basically, nations will ensure a child is not separated from their parents except in cases where the nation thinks a child should be separated from their parents. This is pure feel-good legislation. The delegates must have wanted to have some strong moral stand on keeping families together, but knew it would undermine state authority to confiscate a child. Not to mention it would screw with divorce laws too.
Article 10: Any child who wishes to leave one nation for another, for the purpose of being reunited with parents, shall be treated with smiles and sunshine by both nations.
Article 11: Every nation must do something to combat child trafficking.
Article 12: Every child has a right to express their feelings about their own welfare. No one really has to listen to them, but they do get to speak their piece.
Article 13: Freedom of Expression - I guess this is supposed to be some guarantee for permission to pursue arts and education. There are lots of caveats though so nations can wiggle out of it if they’re determined. After all you don’t want muslim girls to be allowed to read do you?
Article 14: A nation must respect the freedom of thought and religion of a child, but also respect the right of parents to direct a child’s thought and religion. Religion and beliefs can be limited to protect public safety.
Article 15: Children have a right of free association and assembly. This right is totally unrestricted except where the national government wants to limit it; all in the interest of public safety of course!
Article 16: Children have a right to privacy and honor, and the law must protect that.
Article 17: Mass media is important and government “shall ensure that the child has access to” that media. Government should also encourage mass media to educate and promote good moral values. The media should also be encouraged to create books in minority languages. This last section sounds like an excuse for governments to throw money at publishing books in obscure languages that nobody will read. By the way who will define those values I’d like to know.
Article 18: Nations will make their best effort to recognize that both parents have responsibilities for raising a child. Oh and by the way, governments “shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities”. So welfare is now a right for parents. Good to know.
Article 19: Nations must protect children from all forms of violence. I think this is one of the articles that have social conservatives worried. This could be intrepreted as an anti-spanking order.
Article 20: A child who is removed from their family must be cared for by the government.
Article 21: This article emphasizes that countries with adoption programs must ensure children aren’t being sold or given to idiots who can’t care for children.
Article 22: Refugee children are also covered by this treaty, and nations must cooperate in efforts to reunite these children with their families.
Article 23: Disabled children have a right to special care. In some contorted logic, that special care “shall be provided free of charge, whenever possible, taking into account the financial resources of the parents…” So it will be free if you can afford to provide it free. Otherwise it costs money I guess. I’m really getting sick of reading passages like this where the treaty says you must do X, but only if you think you can. They’re meaningless. Either something is a requirement or its not. What a waste of words.
Article 24: This is some mini-proclamation on children’s rights to health care. Reading it I get the feeling it’s actually saying all children have a right to have health care provided by the state. I hope I’m not being confused by UN-speak, but what else could “…ensure the provision of necessary medical assistance and health care to all children…” mean? It goes on to include encouraging some health programs in the third world, and that the first world should pay for it. Oh excuse me. I mean the first world should “cooperate”.
Article 25: Children taken away from their parents have a right to have that decision reviewed periodically. It doesn’t say what the period is though, so I guess we could schedule one review every twenty years.
Article 26: Here’s another right to bureaucracy article! This one bestows the right to social insurance in accordance with local eligibility laws. So put another way, every child is entitled to social insurance if the government says they are.
Article 27: Every child has a right to a standard of living adequate for their “physical, mental, spiritual, moral and social development.” It gets even better. One section says that parents are responsible for providing that standard, but government shall assist those who cannot afford to implement this right. So it’s really a legal guarantee for welfare.
Article 28: Generally speaking, education is an inalienable right, but there are some fun sections in here. Primary education must be free and mandatory for all children. Government should be encouraging secondary education for every child by making it free or offering financial aid to poor students. College should be available to all children, but at least there’s no words about making it free. There should be free school guidance counselors for all though. School discipline must be maintained in accordance with this treaty, so I guess that means no more Boards of Education.
Article 29: Let’s call this the “Respect Everyone Clause”! Every country’s education system must preach respect for everything under the sun. Parents are in the list. The child’s cultural identity, language and values along with everyone else’s identity, language and values. The Charter of the UN is also mentioned believe it or not, as well as the environment. I’m actually a little surprised Muslim countries accepted equality of the sexes and tolerance.
Article 30: Minority children, along with “other members of his or her group”, should have the right to maintain their own culture. Wasn’t there another clause that protected minorities? This one is hardly about children anyway. It cover all in a minority group.
Article 31: Children have the right to play.
Article 32: This one bans child labor, but I don’t think conservatives should worry. It’s worded so that I don’t think it could regulate chores as home.
Article 33: Children should be banned from using narcotics.
Article 34: Don’t sexually abuse children.
Article 35: No trafficking in children.
Article 36: Any kind of exploitation of children should be banned. This article is very vague. I wonder if it could be twisted into something troublesome.
Article 37: No torture or executions of children are permitted, neither is a sentence of life without parole. Child prisoners should be kept separately from adult prisoners. Finally, every child can challenge their detention in court.
Article 38: This sets an age limit of 15 for being a soldier.
Article 39: All children damaged by abuse, neglect, torture, wartime, or whatever shall be rehabilitated by the state.
Article 40: This is the longest article so far and it seems to be an extension of article 37. It covers a variety of ways children are treated in a legal system. For one they must be presumed innocent until proven guilty. Isn’t that going to cause a conflict with some legal systems? Hell, doesn’t Louisiana presume guilt first? Children must be informed of their charges and get legal counsel. They can’t be compelled to testify against themselves. They have a right to appeal. They have a right to an interpreter. There must also be a law that sets an age below which children are not considered capable of committing a crime. There are so many specific provisions in this article I expect it must conflict with several established legal systems.
Article 41: If national law gives more rights to a child, then it supersedes this treaty.
Article 42: Governments must make the rights in this treaty widely known.
Article 43: This is another long one. It creates the “Committee on the Rights of the Child” which will judge countries on how well they implement this treaty.
Article 44: Details on how nations will report their progress in implementing this treaty.
Article 45: Other UN organizations may assist in implementing this treaty.
Articles 46 through 54: These spell out the formal diplomatic crap. Stuff like when the treaty takes effort or a process for amending the treaty.
*WHEW* I can’t believe I went through all that. Did you skip ahead? Yeah, I wouldn’t be surprised. My verdict… The treaty is probably harmless. It’s so full of caveats and loopholes it seems to undermine itself. Sure its vagueness could have potential to cause problems and I guess that’s what conservatives are worried about.
Honestly I don’t support the treaty. I don’t think children need to have specially enumerated rights. They should be treated the same as any citizen. I also don’t think this is any business of the UN. The UN has no place in the relationship between citizen and government.
However I also can’t support a US Bill of Parental Rights. I don’t think this lame treaty will actually harm the country. I don’t want to further risk the creation of more stupid laws through a bill designed to guard against a treaty I don’t think will do any harm. Ideally neither treaty nor bill would be passed, but if the Democrats are obsessed with forcing Americans to be like everyone else and ram this treaty through the Senate, I don’t think it will make any difference.