Advocates call for welcome for U.N. child
rights document
By TERESA MALCOLM
NCR Staff Kansas City, Mo.
Child rights advocates must take the debate over the U.N.
Convention on the Rights of the Child from the religious right and other
conservative opponents and debunk myths that the treaty infringes on U.S.
sovereignty and parental rights, said participants at a conference on the
treaty.
Its stranger than fiction that certain faith groups
have crusaded against the Convention on the Rights of the Child, said the
Rev. Robert Meneilly, the retired pastor of a large Presbyterian church in
Prairie Village, Kan. It both frustrates and embarrasses me that small,
outspoken, fundamentalist groups have been successful in deterring the Senate
from ratifying the convention.
The conference to discuss the U.N. Convention on the Rights of the
Child and issues related to its ratification was held here March 31-April 2. It
was sponsored by a coalition of education, faith and peace groups, including
the Loretto Network for Nonviolence.
The Convention on the Rights of the Child sets minimum
international standards for the treatment of children, ensuring their safety,
survival and development. Since the treaty was adopted by the United Nations in
November 1989, 191 countries have ratified the convention -- every country in
the world with the exception of Somalia, which has no government, and the
United States.
Its disgraceful, said Cynthia Price Cohen,
founder and executive director of the New York-based ChildRights International
Research Institute. Cohen, who participated in drafting the convention
throughout the 1980s, said that in trips to Europe she is repeatedly asked why
the United States has not ratified the child rights convention -- They
ask, What do you have in common with Somalia?
The United States signed the convention in 1995. It now awaits
Senate approval and presidential ratification. However, President Clinton has
yet to send the treaty to the Senate Foreign Relations Committee for
consideration.
Joseph Mettimano, deputy director for public policy with the U.S.
Committee for UNICEF, said resistance to the treaty in the Senate -- including
from Foreign Relations Committee chair Jesse Helms -- and public
confusion on the issue are behind the delay.
The treatys opponents base their opposition largely on
unsubstantiated claims regarding threats to national sovereignty and
interference in the parent-child relationship, Mettimano told conference
participants. In many cases the conventions opponents unwittingly
criticize provisions of the treaty that were added by the Reagan administration
in the drafting process in an effort to reflect the rights American citizens
have in the Constitution.
Treaty opponents, including the Christian Coalition, Concerned
Women for America, the Family Research Council and the National Center for Home
Education, claim ratification will lead to unlimited government interference in
family life. Among other objections, they say that articles guaranteeing
childrens rights to expression and information will prevent parents from
denying children access to harmful influences like pornography, and that the
right to privacy will permit abortion without parental notice.
A central misconception is that the convention is enforceable
against individual parents, said Susan Kilbourne, assistant director of
ChildRights International. The convention is intended to set standards
for governmental policies regarding children, said Kilbourne, who, unable
to attend the conference, provided the text of her speech. It is a policy
framework, not a code of parental conduct.
The civil and political
rights, such as the freedoms of expression, religion and association, and the
right to privacy, are protections from governmental intrusions -- not
parental guidance.
Kilbourne joined other speakers who emphasized that the convention
places great importance on the role of parents, citing their rights and
responsibilities in the preamble and 12 articles. In addition, Kilbourne wrote,
The conventions monitoring body, the Committee on the Rights of the
Child, has been consistently supportive of parents and the importance of
family. For example, high rates of abortion and teen pregnancy, the ease of
access to harmful or inappropriate media, and the negative effects of divorce
and family breakdown have all been subjects of concern for the committee. The
committees comments for at least one country even refer to a distressing
lack of sufficient parental guidance.
Speakers also pointed out that the convention is strictly neutral
on the subject of abortion -- noting that the Vatican was the fifth state to
ratify the treaty.
Mettimano disputed the idea that the treaty infringes on U.S.
sovereignty. The convention is non-self-executing, meaning that the
treaty does not directly become part of U.S. law, but requires implementing
legislation. Our elected officials decide where, when and how these
provisions will be met, he said. Secondly, theres no
enforcement mechanism in this treaty. So you tell me where the sovereignty
issue is.
While nations that have ratified the treaty agree to submit
periodic reports to the Committee on the Rights of the Child, there are no
sanctions for noncompliance. Nations who fail to implement the treaty will only
face public embarrassment from a negative evaluation submitted by the committee
to the U.N. General Assembly.
However, the committees scrutiny has been effective in
encouraging numerous nations to use the treaty to promote the welfare of
children, speakers said. For example, Mettimano said, Rwanda moved children out
of adult detention centers into special juvenile institutions; Belgium and
Germany extended their national jurisdictions in cases of child prostitution
and pornography; and Sri Lanka reformed laws relating to child abuse, child
labor and adoption.
Mettimano said that one of the areas in which informed opponents
to the convention are on firmer ground is that of concerns over states
rights. A number of provisions fall under states jurisdiction in the
United States, including articles relating to capital punishment, adoption and
education. Such issues would be worked out in the ratification process,
typically by the United States taking a reservation to a particular article of
the convention, Mettimano said.
Cohen encouraged participants to urge their state governments to
officially support ratification, as some states have already done, including
New York. If you had every state saying we will conform our laws when the
time comes, it would make a big difference, she said. Help the
senators realize there is an atmosphere of welcome.
Mettimano said that activists should focus their efforts not on
pressuring Clinton to send the convention to the Senate Foreign Relations
Committee -- it could be killed on the spot, and that would be the end of
it -- but on building public support that would make ratification
possible. Lets work on getting an environment where its going
to be well-received, he said.
That would involve not only combating misconceptions spread by
opponents, but simply making the public aware of the issue, Mettimano said.
I would say easily that 95 percent of the American public doesnt
even know this treaty exists, he said. And the small percent that
do know it exists have bad information. Put your focus on raising awareness,
talk about the treatys virtues and debunk the many misconceptions and
myths about the treaty.
He encouraged use of mass media to get higher profile publicity, a
thought echoed by participants who watched at the conference an anti-United
Nations video produced by the Eagle Forum. Im convinced were
fighting a losing battle because were working on an individual
basis, said one participant at an ecumenical discussion April 2.
Why couldnt we ask UNICEF to come up with a counter video? That
reaches many more people than you and me working in our local groups.
Ahmed El-Sherif, president of the American Moslem Council, agreed.
It takes education, it takes mass media, it takes opening dialogue so
that scare tactics will not work, he said.
About 40 people picketed the conference April 1, carrying signs
calling for the United States to get out of the United Nations and denouncing
U.N. interference with our children. According to the Rev. Emmanuel
Cleaver, a Methodist pastor and former mayor of Kansas City, Mo., announcements
were made on a local Christian radio station asking people to come out to
protest. They dont have any idea of the intricacies of this
issue, Cleaver said. Theyve just been told that we are trying
to take the rights of parents away. In 1998, during Cleavers
administration, Kansas City passed a resolution supporting the convention.
If they were armed with information, I think they would
probably be a great force for justice, Cleaver said of the protesters.
Truth becomes the first victim. They dont have to believe what we
believe, I just want them to have the truth of what we believe.
National Catholic Reporter, April 14,
2000
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