Monday, November 26, 2007

Right-wing amendment would bar children's rights

The whack-a-doos are stockpiling nutty ideas again, because they know they're going to be loaded for bear after losing the next election, and they're going to trot out this loss as "proof" their opponents have been in power forever. They think they'll win the next election after that, and they want to get their gallows lined up in time so they can enjoy it.

For years, conservatives have reserved some of their shrillest vitriol for opposing a document called the Convention on the Rights of the Child. Out of 195 countries in the UN, 193 have ratified this document. As an example of what the convention does, it provides that there shall be efforts to reduce infant mortality, economic exploitation, child trafficking, and abuse. The convention properly upholds the rights of children and parents, and nothing in it prohibits homeschooling (despite what opponents claim). In fact, nothing in it would be unconstitutional at all in the U.S. and A.

Despite this, the U.S. is one of only 2 member nations in the UN that hasn't ratified it. The only other is Somalia, and that's only because Somalia hasn't had a government in years. (The "regulation for thee, not for me" types should emigrate there!) What's the excuse for America not ratifying this document? The Bush regime says the convention's "human rights-based approach ... poses significant problems."

So America's children are held hostage by a government that thinks human rights "poses significant problems." Lovely.

I don't give a damn what high-sounding reasons the Bushbots come up with for opposing this document. There's no excuse not to ratify it. None.

In an apparent effort to combat the convention that the U.S. won't even ratify, conservatives are proposing something they call the Parental Rights Amendment. I remember hearing about something like this about 10 years ago, but I don't think it was that well organized and didn't get too much traction (except maybe in a few states). Now the Bushists have a whole website devoted to adding this amendment to the U.S. Constitution.

Protecting child abusers is the transparent purpose of this amendment. Its supporters devote reams of bandwidth to talking about how everything in it is already in the Constitution and how every court in the land already recognizes this to be so. If that's the case, why are they so intent on passing a new amendment? The amendment talks about the "liberty of parents", but it has not a word about the liberty of children.

Why an amendment? Because this measure would protect actions that are generally agreed to be abuse. It establishes parents' ability to "direct the upbringing" of children as a "fundamental right", but it sets no limits. State laws today set limits. This amendment would not.

This is important because this amendment would also seem to bar states from setting any limits. The second clause says, "Neither the United States nor any state shall infringe upon" the "right" granted in the first clause "without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served." The third clause bars treaties like the Convention on the Rights of the Child from preempting the so-called "rights" laid out in the first and second clauses.

There's a certain strain of thought (to use the term loosely) that's behind this amendment. It's pushed by those who think children are property. The modern brand of conservatives considers children to be things, not people. They're against the Convention on the Rights of the Child's "human rights-based approach" because they don't consider children to be human. The Far Right considers young people to be the property of their elders until they turn 18.

And that's why they go bananas when someone mentions children's rights.

4 comments:

  1. This treaty, which also was ignored by Clinton, conflicts with U.S. law. If we were to allow the U.N. to impose its laws on our country, it would bar teenage murderers from being tried as adults, essentially letting them off the hook when they turn 18 or 21.

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  2. I know this is futile but let me explain this to you scheff...

    1. Clinton supported the treaty

    2. The law chain of command goes:

    Constitution > treaty > other law

    The US is a sovereign nation so the Constitution is the LAW. A treaty is valid so long as it does not violate the Constitution.

    The treaty prohibits these things:
    1. death penalty for juveniles
    2. life with no parole for juveniles

    Where does the Constitution speak in favor of either of these things?

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  3. 1. If Clinton supported it, why didn't he sign it? I don't even think he sent it to the Senate for review. Albright's the only one who put her name on it.

    2. Juveniles are not sentenced to die in this country and they shouldn't be. But with rare exceptions, no one guilty of first degree murder should ever get out of prison.

    and all add:

    3. Do you really think the rights of children are better protected in a country like the Congo or Sierra Leone simply because they signed this treaty? Really, think about it.

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  4. If America signs it, that would be a good time to show whether we really are a 'nation of laws'.

    The country can then either disobey the law and the treaty by ignoring it...or follow the law and the treaty be enforcing it. You can choose..

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