Warning: U.N. treaty trumps parental rights

from JoeUser Forums
I'm sure that Gideon and others have covered this topic in the past, but it's worth a reminder again and worth being noted for those that may have missed prior news and discussion on the topic.

Micahel Smith, the president of the Home School legal Defense Association, provided the column/article that I'm clipping pieces of below.

The article/column is important for the discussion of the subject of how treaties that the U.S. enters into can overrule and override any other laws that may exist in the U.S. Whether intentionally or not, once the U.S. enters into a treaty, the treaty will become the supreme law of the land in the areas it covers.

Anyway, please read through the column snippets and feel free to comment on the info presented. Headline below is linked.




U.N. treaty trumps parental rights

By Michael Smith
August 28, 2006
The Washington Times


Could a 10-person panel of foreign nationals dictate, with the full weight of U.S. law, how we raise our children? This idea seems far-fetched, even ridiculous, but, unfortunately, it is possible.

The problem stems from the United Nations Convention on the Rights of the Child, which has been adopted by 192 nations. The treaty creates civil, economic, social and cultural rights for every child. The Clinton administration sought ratification, but the treaty was not approved by the U.S. Senate because of opposition from senators who were concerned it would undermine parental rights.

... more snippets in the comments area directly below
politics
2,593 views 4 replies
Reply #1 from JoeUser Forums Top
Continuing from above...

For example, the convention gives children autonomy regarding the school they attend, the friends they have and the activities they choose. If there is a disagreement, the parent's decisions could be reviewed by a third party. Consequently, parents could be subject to "identification, reporting, referral, investigation, treatment and follow-up."

Many people are probably asking the question -- if the Senate didn't ratify it, why is the convention still a problem for the United States? Unfortunately, this is not the end of the story because the U.S. court system has been incorporating the treaty steadily through a doctrine called "customary international law." This is where U.S. courts look to foreign courts and other international treaties to derive its interpretation of the U.S Constitution.

In the 2004 case Roper v. Simmons, a majority on the U.S. Supreme Court noted that the execution of juvenile offenders violated several international treaties, including the U.N. Convention on the Rights of the Child, and stated that the overwhelming weight of international opinion against the juvenile death penalty provides confirmation for the court's own conclusion that the death penalty is disproportional punishment for offenders younger than 18.

Additionally, a change in the makeup of the Senate could result in the ratification of the treaty. The consequences of these actions could be devastating for the American family because it would mean that any state law relating to education, the family, adoption and dozens of other issues could be nullified by a judge.

{ snip }

If the treaty is ratified, because of the way the U.S. Constitution is written, the convention would become the supreme law of the land. The U.S. Constitution's supremacy clause requires that "all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land." The U.S. Congress and state legislatures could not override the provisions of the treaty.

This scenario should remind us that we need to remain vigilant in defense of our liberty. In the short-term, it means that the appointment of judges who will not look to foreign courts for guidance is one of the ways the scenario above can be avoided.


Some eye opening stuff there for sure.
Reply #2 from JoeUser Forums Top
Testing new "advanced mode" feature here...will let you know how it works.

I did want to comment, though. As an HSLDA member, I am very glad they've picked up on the parental rights issue, which as you know, is very dear to me.
Sins of a Solar Empire II
Reply #3 from JoeUser Forums Top
FYI...it gives the "plain text/html" options under "options", and gives a "preview" option. Check it out on your next reply.
Reply #4 from JoeUser Forums Top
Darn it, I realized I missed putting in this note from the bottom of the article:

Michael Smith is the president of the Home School Legal Defense Association. He may be contacted at 540/338-5600; or send e-mail to [email protected].

(Wanted to make sure I included the contact information for the original author for those interested in contacting him).