U.S. Should OK Rights of Children
The United States has always been considered a world leader in human rights. The Universal Declaration of Human Rights was adopted by the United Nations in 1948, Largely due to the efforts of Eleanor Roosevelt. Support for human rights is a major component of U.S. foreign policy. Yet, when it comes to ensuring the rights of children, the United States lags tar behind the rest of the world.
In 1989, the United Nations General Assembly adopted a human rights treaty protecting children's rights, the Convention on the Rights of the Child. As of April 1, 1996, 187 nations had ratified the convention, thereby becoming States Parties and agreeing to put its standards into effect in their territories. The only countries that have not done this are: Switzerland (which is soon to ratify), Somalia, the Arab Emirates, Oman, the Cook islands and the United States, which has signed the convention but has not yet begun the ratification process.
Considering that the United States played a major role in the convention's drafting process, its failure to ratify is particularly dismaying. Roughly one-third of the provisions can be directly traced to U.S. proposals. Other parts of the convention also reflect the American delegation's influence.
Unfortunately, most Americans have never heard of the Convention on the Rights of the Child. As a result, endorsement of the convention is uneven. Those who favor U.S. ratification believe that it will improve the lives of American children by ensuring consistent government support for education and health, as well as protection from exploitation and abuse.
Those who oppose ratification do so for two main reasons: fear that it will undermine the family and fear that it will weaken U.S. sovereignty. Both fears are groundless. First, the convention strongly affirms the child's right to a nurturing family. In fact, the convention is filled with supportive references to the family-child relationship Second, compliance is strictly voluntary. The United Nations is an organization of sovereign nations. all of which place a high value on their sovereignty. Nations that choose to ratify human rights treaties do so without diminishing their sovereign national powers and may indicate the provisions they will not apply.
United Nations human rights treaties do not have procedures for "enforcement." Instead, there is a process known as implementation" in which ratifying nations submit reports to a committee of experts (the Committee on the Rights of the Child), outlining the steps they have taken to implement the treaty. Once a report is submitted, it is given a preliminary review by the committee that is followed by a day-long public dialogue between committee members and government representatives. Committee members make comments which become part of the committee's report to the U.N. General Assembly. That is all there is tot the process. There are no sanctions for non-compliance, although international moral pressure can be quite persuasive.
Given the fact that this treaty, like the Universal Declaration of Human Rights, can be thought of as an American undertaking, it is especially disturbing that the United States is one of the few countries in the world that has not yet become a State Party. This is a disgraceful situation tor a country that values its human rights leadership. It sends a message to the rest of the world that the United States does not take its obligations lo children seriously.
Ratification of the Convention on the Rights of the Child would not bring about major changes in US law. It would, however, encourage a more effective coordination of policy among various government branches on issues of importance to children. It is in the interest of every American to learn more about the Convention on the Rights of the Child, to find out why it has been so enthusiastically embraced hy the world community, and to explore the benefits U.S. ratification might bring lot American children.
Cynthia Price Cohen, executive director of the ChildRights International Research Institute, wrote this article, which is reprinted from the Tulsa World with her permission. Cohen participated in the drafting of the U.N. Convention on the Rights of the Child. Questions regarding the Convention can be directed to her at the ChildRights International Research Institute, 35 West 83rd. Street, New York, NY 10024
Can the United States still ratify the Convention? YES!
1. Now that President Clinton has signed the Convention he must send it to the Senate for its advice and consent.
2. A Senate Committee will hold hearings and make its recommendations to the f~`ll Senate. The Committee would declare any conditions that would have to be met before they accepted the Convention.
3. The conditions would he met and the Senate would approve it by a two-thirds vote.
4. The President would submit the formal document to the United Nations. Three months later, the U.S. becomes a party to the Convention.