When will the US Protect Children?

Somalia, a “lawless state”, ratified the Convention on the Rights of the Child (CRC) early this week.

It now leaves  two countries in splendid isolation from the rest of the world: South Sudan and the United States.

South Sudan’s absence is perhaps understandable because it was created and only joined the United Nations in July 2011and is in the middle of a civil war yet has taken steps to start the domestic process in ratifying the treaty, probably later this year.

The U.S. government has never submitted the treaty for ratification by the U.S. Senate. Kul Gautam of Nepal, a former U.N. assistant secretary-general and deputy executive director of the U.N. children’s agency UNICEF, told IPS “With the current composition of the U.S. Congress, there is no chance for its ratification.”

UNICEF Executive Director Anthony Lake explained “The central message of the Convention is that every child deserves a fair start in life. What can be more important than that?”

The U.S. objects to ratifying the Convention on two arguments. First, it will undermine the role of parents in raising their children and, second, it will weaken U.S. sovereignty. Ironically, the United States was a leading contributor to the drafting of the treaty and in fact shaped a significant number of provisions. In total, the United States initiated seven articles, including Article 10 (family reunification), Articles 14 (freedom of religion), 16 (right to privacy), 19 (protection from abuse) 13 (freedom of expression), 15 (freedom of association and assembly) and 25 (review of placement.) The provisions contained in the CRC are largely consistent with U.S. law, while additional provisions would be implemented through federal and state legislation in a manner and timeframe determined by the U.S. legislative process. The rights for children in the CRC mirror both the U.S. Constitution and the Bill of Rights, at the insistence of the two former administrations – under President Ronald Reagan and George H.W. Bush Administrations – that worked on this treaty. Contrary to U.S. misgivings, the Convention strongly defends the need for families and the importance of parents, say human rights experts. The treaty underscores that a strong family is crucial for children and for societies and there is ample language throughout the CRC to support the responsibilities, rights and duties of parents. In fact, 19 articles of the CRC explicitly recognise the importance of parents and family in the lives of children.

Back in 2008 when Obama was campaigning, he said, “It is embarrassing that the U.S. is in the company of Somalia, a lawless land. If I become president, I will review this and other human rights treaties.” But to date, there has been no “review” of the CRC, an important first step before submitting this to the Senate.

A diverse group of U.S. organisations, including the American Academy of Pediatrics, American Bar Association, Child Welfare League of America, Evangelical Lutheran Church of America, and United Methodist Church – all support U.S. ratification.

Meg Gardinier, chair of the Campaign for U.S. Ratification of the CRC, told IPS “The U.S. cannot credibly encourage other nations to embrace human rights for children if it fails to embrace these norms… the CRC protects children, preserves and strengthens families and is unquestionably improving the lives of children,”