Monday, 2-16-98---
UNITED NATIONS/USA:
A coalition of right wing groups and conservative religious organizations
are preventing the U.S. Senate from ratifying a landmark human rights
treaty that already has been overwhelmingly approved by 191 out of 193
countries.
Only the United States and Somalia have failed to ratify the U.N.
Convention on the Rights of the Child, which remains "dead for the time
being," says Jo Becker, Advocacy Coordinator for Children's Rights
Projects at the New York-based Human Rights Watch.
"We are troubled about the whole thing - and we think it reflects poorly
on the United States," she told IPS. Somalia's non-ratification can be
explained because that politically- troubled East African country has no
legitimate government, not the case in the United States.
"We are all the more perplexed because the U.S. made various proposals
which were incorporated in to the final Convention," Becker said.
She believes that as long as Jesse Helms, the right-wing conservative
Senator from the state of North Carolina, continues as chairman of the
Senate Foreign Relations Committee, the Convention is doomed - as far as
the United States is concerned.
"Helms is the gate-keeper to all international treaties, and he shares
views with the religious right in this country. And Helms has more power
than the (U.S.) president," she said.
The U.S. signed the Convention in February 1995, but until and unless the
Senate ratifies it, the treaty will no have legal force in the United
States.
Helms, however, has declared: "I am convinced that the treaty forces its
way into the relationship of a parent and child, and should not be
considered in federal legislation, let alone international treaties." He
also joined 24 other Senators in co- sponsoring legislation asking the
U.S. President not to submit this "very unwise treaty to the Senate for
ratification."
Helms and a coalition of about 10 or 15 right wing groups - including the
John Birch Society, the Family Research Council, Concerned Women for
America, the Rutherford Institute and the Christian Coalition - are now
lined up against a group of more than 350 non-governmental organizations
(NGOs) who are relentlessly fighting for ratification. These NGOs
include
Amnesty International, American Red Cross, U.N. Association of USA,
Children of the Earth, U.S. Committee for the U.N. Children's Fund
(UNICEF), Pearl S. Buck Foundation, Children's Defense Fund and the
American Bar Association.
Although the proponents have the numbers, the opponents wield the
necessary
political clout to successfully lobby the Senate against ratifying the
Convention.
"These groups are well funded, organized and coordinated; and they are
successfully motivating their members to contact the U.S. Senate to voice
their objections to the Convention," says Susan Kilbourne of the National
Committee for the Rights of the Child. "Senate staffers have reported
that
their offices receive letters at the rate of 100 opposition letters for
every letter in support of the Convention."
Kilbourne said the Convention has been misinterpreted as "the most
dangerous attack on parents' rights in the history of the United States,"
and ''the ultimate program to annihilate parental authority." She said
some of the right wing groups have also denounced the Convention as "the
most insidious document ever signed by an American president."
Kalbourne pointed out that materials published by these organizations
depict the Convention as "a radical, dangerous document that will
guarantee unlimited government interference in family life."
Adopted by the U.N. General Assembly in November 1989, the Convention
makes member states legally accountable for their actions towards
children. The Convention was opened for signature in January 1990 and
came into force 7 months later.
The Convention stipulates, among other things, that: every child has the
right to life, and countries shall ensure, to the maximum, child survival
and development. Under the Convention, primary education shall be free
and compulsory, and discipline in school should respect the child's
dignity. The Convention also recognises the right of children "to be
heard.
The language of the Convention clearly indicates that it is intended to
set standards for governmental policies regarding children. "It is a
policy framework, not a code of parental conduct," says Kilbourne. She
notes that the Convention does not provide for investigations or
prosecutions against parents or guardians.
Sandra Nunez, co-author of a newly-published book on the legal rights of
children titled "And Justice for All," said the future of children's
rights lies in the hands of the state, the parents and children's
themselves. "As each era brings its own political, social and economic
challenges, there will be inevitable conflicts as each entity pursues its
own standard of preserving 'the best interests of the child.'"
"The difference between this century and its predecessors, however, is
that children now have a real opportunity to voice their ideas on how to
make the world a better, safer and more equitable place for themselves,"
she said.
Article 3 of the Convention states that the best interests of the child
shall be a primary consideration in all judicial and administrative
actions concerning children, and that a child capable of forming his or
her own views shall have the opportunity to be heard in judicial and
administrative proceedings.
By being a party to the Convention, she said, governments such as the
United States agree not to pass any laws or take any action that is in
contravention of the treaty. Nunez said the Convention also raises
issues
relating to state rights versus federal rights. In the U.S., she said,
most parents want to have the last word on issues relating to children.
The treaty also focuses on two sensitive issues: abortion and capital
punishment. While the Convention prohibits the use of the death penalty
for persons under the age of 18, the U.S. Supreme Court has set the
constitutional threshold for executions at age 16. Meanwhile, Article 6
declares that every child has "an inherent right to life" while the
preamble calls for "appropriate legal protection, before as well as after
birth."
(source: InterPress Service)
Rick Halperin
AI-Texas