For those of you who haven’t
noticed, I tend to have a rather strong opinion about some things. In a
previous post I wrote about the 1st Amendment and now I am writing
about the Parental Rights Amendment. This amendment isn’t actually...
part of the
Constitution yet but I strongly believe that is should become so. You may be
wondering why, as a teenager, I would be interested in parental rights. The
answer is that I hope someday to be a parent and I want to do everything I can
to make sure that, when I do become one, I will have the freedom to be the
parent I believe God has called me to be. But I’m getting ahead of myself. Here
are my thoughts and knowledge of the subject in their entirety (well mostly).
Freedom on the Line
What if
there came a time when the government could easily take children away from
their parents simply because the parents disagreed with a doctor’s medical
diagnosis? Under the United Nations Convention on the Rights of the Child
treaty (UNCRC or CRC), this becomes a normal reality instead of a distant
threat. The provisions of this treaty require that federal governments closely
monitor the family activities of their citizens and gives specific instructions
on how to do so. The treaty opened for ratification on November 20, 1989 and,
after being ratified by the required 20 countries, became effective on
September 2, 1990 in participating countries. Ratification of the CRC treaty
binds a country by international law. Ever 5 years, each country must give a
report to the United Nations Committee on the Rights of a Child, consisting of
18 people in Switzerland,
who is responsible for reviewing these reports and ensuring that each country
complies with the measures required. Of the 195 countries that comprise the UN,
only Somalia and the United States
have not ratified the treaty. Instead, the United States has ratified both of
the two optional protocols: (1) restricting of child military involvement, and
(2) banning the sale of children, child prostitution, and child pornography. To
ratify the treaty the United
States would be openly opposing the basic
personal freedoms for which it stands.
The CRC
treaty directly conflicts with many of the traditional rights cherished and
enjoyed by United States
citizens. For over two centuries, decisions concerning children have fallen to
a judge only after parents have been convicted
of abuse or neglect; or in the instance of a divorce between competing parents.
The U.S. Supreme Court stated in 1979, “the natural bonds of affection lead
parents to act in the best interests of their children.” The CRC treaty
completely throws out this concept and instead favors the idea that the
government knows and is capable of acting better than parents when it comes to
raising children. Under CRC, judicial intervention becomes default action
rather than last resort. The government is given the authority to overturn any
decision a parent makes by invoking the “best interests of a child”. As stated
by parentalrights.org, “In essence, the UNCRC applies the legal status of
abusive parents to all parents. This
means that the burden of proof falls on the parent
to prove to the State that they are good parents – when it should fall the State to prove that their investigation
is not without cause.”
The consequences and repercussions
of ratifying the treaty clearly present themselves in the examples set by other
countries. France
showed great enthusiasm when implementing the treaty particularly in the realm
of health care. France
requires parents to take their children to 17 mandatory health visits within
the first 6 years and, at failure to attend even one of these visits, social
workers are sent to the family home. This obviously displays that the right of
parents to care for their children’s health disappears under the CRC treaty. In
Canada, a Quebec court overturned a father’s decision
to ground his daughter for posting pictures of herself on a dating website
calling the punishment “too severe”. This clearly demonstrates how judicial
intervention becomes default and parents’ ability to punish their children is
transferred instead to the courts who have no acquaintance with the children or
their behavior. Another danger is that, once a country has ratified the treaty,
they are not allowed to change it even slightly for their own country. The
nation of Great Britain
ratified the treaty with uncertainty and proved hesitant to implement all of
the provisions required. As a result, they received heavy pressure from the UN
and other countries to quicken the pace on the steps that needed to be taken.
Unable to negotiate any change whatsoever, Britain has now immersed itself in
radical changes under the CRC treaty; proving that every country must take the
treaty “as is” and not expect any exceptions, even if it means infringing on
the most basic rights of a parent.
Instead of
ignoring parental freedom, the United
States has the opportunity to stand for
freedom. In response to the impending danger of the United States being pressured into
ratifying the treaty, the Parental Rights Organization has proposed a new
amendment to the Constitution. Once passed, the Parental Rights Amendment would
secure basic rights to parents regarding the upbringing, education, and care of
their children unless “governmental interest as applied to the person is of the
highest order and not otherwise served.” In their purpose statement they write,
“The only effective way to protect the precious child-parent relationship is by
securing an amendment to the U.S. Constitution. This amendment will safeguard
the rights of parents to raise their children.”
Clearly, the
UNCRC seeks to undermine the vital role of a parent in a child’s life and
replace it with government regulation. Although as a nation the United States
has not yet ratified the treaty, pressure to do so is building. Courts are
having difficulty finding direct, Constitutional references to back their
decisions against it. The Parental Rights Amendment is the only way to
effectively fix this problem. Show your support of this vital amendment by
writing a letter to your government representative encouraging him/her to
support the Parental Rights Amendment. Every vote counts and your efforts will
affect the world in which you and your children live.
If you wish to know more visit: parentalrights.org
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