Why Fear U.S. Ratification of UN Convention?
Focuses on Globally Improving Children's Welfare
May 6, 2009
There is a large debate on whether or not the United States (U.S.) should ratify the UNCRC, especially since the U.S., along with Somalia, are the only members of the UN not to ratify the treaty. The U.S. helped draft the UNCRC, officially signing it in 1995. In addition, the U.S. has signed and ratified two separate, optional protocols for children involved in armed conflict and for sexually exploited children, as reported in the Congressional Research Service (CRS) Report for Congress on the UNCRC, dated April 1, 2009. For a related article on the exploitation of children see "USAID Grant Helps Exploited Children."
How the UNCRC Works
Opponents of the U.S. ratifying the treaty believe, because of the language, that it will destroy the sovereignty of the country. Some opponents, like the Home School Legal Defense Association, have gone so far as to claim that the UN would shred parents of much of their authority to raise their children. However, one must look at how the UNCRC works, which is more about recommendations, report filing and encouragement for change than anything else. According to the Child Rights Information Network (CRIN), the UNCRC has a Committee which includes a body of experts that monitor implementation. Once a year, a general discussion takes place in order to issue more complete recommendations to State bodies. The Committee will then submit a report and give a statement to the General Assembly (GA), who will in turn adopt a Resolution on the Rights of the Child.
Actions and Follow-up by the UNCRC
The adopted resolution itself is a list of recommendations and necessary follow-ups. For example, in the 2006 GA Resolution they urge the States to make a series of changes and actions. They looked at the old resolution, to see where improvements were made and where changes were still needed.
In addition, within the 2006 Resolution, the member countries followed-up on the May 2002 UN Special Session on Children, in which delegations from 190 countries committed themselves to deadlines to enact specific goals. “A World Fit for Children” (WFFC), a declaration and plan of action, was adopted at this special session. One year later, a follow-up was conducted to show whether or not these goals were reached. Although the report listed the positive actions that had been achieved in many countries, it also showed that progress does not come quickly. “All stakeholders – governments, civil society and NGOs, families and children, and the international community – need to move further ahead from words to deeds, from plans and policies to actions and results,” the GA stated in the report. According to the United Nations Children's Fund (UNICEF), the GA issued another WFFC declaration in 2007.
Unfounded Fear of Ratification
As can be seen above, the UNCRC has the authority to issue rules and order reports submitted (usually by non-governmental organizations) on progress achieved or violations committed. They do not have the authority or resources to send in the police because someone spanked their child at the store or gave them cookies for dinner. To help overcome the fear of this type of power, a parental rights amendment to the Constitution has already been drafted and introduced. Many opponents believe the treaty cannot be ratified without this amendment. However, none of the signatory countries to the UNCRC have acknowledged any concerns with the power of the treaty. The UNCRC deals with serious abuses against children of the world and the U.S. is the only developed country within the UN to have not ratified the treaty.
President Obama and Ratification of the UNCRC
The current Administration has taken review of the UNCRC seriously. "Susan Rice, appointed U.S. Permanent Representative to the United Nations, said at her January 2009 confirmation hearing that the Obama Administration supported CRC objectives and would conduct a legal review of the treaty," reports the CRS Policy Paper.
However, no time frame for UNCRC review or submission to the Senate has been accepted by the Administration. It is understood to be a complicated process, but one that originated 20 years ago. It is time for ratification, with or without a parental rights amendment.
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