Frequently Asked Questions
•
What is the Convention on the Rights of the Child (CRC)?
• What is the process for ratification in the
United States?
• Why has the United States not yet ratified
the Convention?
• Why should the U.S. ratify the CRC?
• Why should religious communities care?
• What can I do to help?
What is the Convention on the Rights of the Child (CRC)?
The Convention on the Rights of the Child is an international human rights treaty created by the United Nations that came into effect in 1990. The Convention describes the set of rights that should be guaranteed to all children. These rights are based on four core principles: non-discrimination; commitment to the best interests of the child; the right to life, survival and development; and respect for the view of the child. The treaty is not a binding document; rather, it commits states to incorporating the ideals and rights of the Convention into their national legal systems. By ratifying the treaty, they agree to submit reports to the United Nations Committee on the Rights of the Child every five years articulating the status of children's rights within their country.
The Convention on the Rights of the Child remains the most widely and rapidly ratified international human rights treaty in world history. It has been ratified by every member country of the United Nations with the exceptions of the United States and Somalia. As Somalia does not currently have an internationally recognized government, the United States remains the only country capable of ratifying the treaty that has not yet done so.
What is the process for ratification in the United States?
There is a two-step process that countries follow to ratify a treaty, and a three-step process that the United States follows specifically.
In order to become a party to a treaty, a country must first become a signatory to it. In doing so, the country agrees to both examine how the treaty might be implemented at the domestic level and to refrain from any activities that specifically undermine its intent. Once the country is confident in its ability to abide by the principles of the treaty and work towards their implementation, the treaty is ratified and the country officially becomes a party to it.
In the United States, after the president has signed a treaty*, it is submitted to the Senate Foreign Relations Committee which examines it, eventually voting to bring it out of Committee to be heard by the entire Senate. The Senate must vote to ratify the treaty by a two-thirds majority in order for the United States to become a party to it. It is then sent with any reservations, understandings, or declarations that may have been added to the United Nations – General Assembly.
*The Convention on the Rights of the Child was signed by the Clinton Administration on February 10, 1995.
Why
has the United States not yet ratified the Convention?
There are a number of reasons why the United States has not yet ratified
the Convention.
One reason is that the United States tends to only look at implementing one international treaty at a time, and currently the Convention on the Elimination of Discrimination against Women is the primary Convention under consideration.
Additionally, the two-thirds Senate majority required to ratify international treaties is an unusually high percentage for ratification, as most other countries require a one-half majority vote by their legislature to ratify a treaty. For this reason, bi-partisan support is crucial in order for the treaty to go into effect.
Perhaps the biggest reason why the United States has not ratified the Convention on the Rights of the Child is that several influential politicians, conservatives, and “Christian Right” groups are adamantly opposed to it and have worked tirelessly to ensure that it is not ratified. Some believe that because the Convention obligates the United States to incorporate its ideals into our national legal system, that it is an instance of the United Nations, an international body, violating our national sovereignty. Many groups interpret the Convention as being anti-family or anti-parent. Since it stresses children’s rights, some believe the Convention undermines traditional familial relationships. NGOs who support the Convention, however, contend that it recognizes the importance of parents and family in a child’s life. Others opposed to the Convention worry about the repercussions it would have for our current system of juvenile justice, as the Convention forbids capital punishment for minors.
Why should the United States ratify the Convention on the Rights of the Child?
There are some who believe that the United States already affords many rights to children, and that they already enjoy a good standard of living, thereby rendering the need to ratify the Convention unneccessary. There are several reasons, however, why the United States should ratify the Convention. For one, we are currently the only developed and industrialized country not to have ratified the Convention. As the leader of the world community, other countries look to the United States as a model of behavior. The United States looks hypocritical to much of the world, given its practice of encouraging other countries to treat their children a certain way when the United States continues to avoid ratifying a treaty on children's rights.
Contrary to claims that children in the United States already enjoy the rights of the Convention, there are many children in the U.S. that live in extremely poor conditions. Approximately 18 per cent of children in the United States live in families that are below the poverty line, and about 900,000 children are victims of child abuse or neglect every year. Ratification of the Convention would enable the Committee on the Rights of the Child to look at reports from the United States' government and various NGOs to assess the status of U.S. children and make recommendations to assist the United States in improving that status.
The United States was very active in the drafting of the Convention, and several articles were included specifically due to the urging of the United States. With the United States having such a strong voice in the drafting process, it makes sense to continue to support the Convention through ratification.
Why should religious communities care?
Many if not all of the world’s religions have at their core a deep commitment to children and are dedicated to ensuring many of the rights outlined in the Convention on the Rights of the Child. These religions understand that today’s children are tomorrow’s adults and therefore the future of the religious community. For this reason a child’s physical, emotional, and spiritual development is of paramount importance. Ratification of an international children’s rights treaty will incorporate these ideals into U.S. law to work towards guaranteeing these rights for all children.
On an even more basic level, nearly all religions are based upon the principles of helping to raise the downtrodden, ease the suffering of humanity, and protect the life and liberty of the disadvantaged among them. There are thousands of children in the United States who suffer daily, and they need the help of religious communities who have at their foundation a commitment to assure their rights.
EDUCATE YOURSELF: Take time to read the Convention on the Rights of the Child and understand its principles and goals.
RAISE AWARENESS: The fact that there exists a Convention on the Rights of the Child is not well-known, and even fewer people have read the Convention or know what rights it guarantees. Spread the word by discussing it with family, friends and co-workers. Past human rights treaties have been ratified once there existed an underlying sense of support among the general public – work to generate that support.
WRITE TO YOUR SENATOR: According to the Campaign for U.S. Ratification of the Convention on the Rights of the Child, an NGO working towards ratification of the Convention, for every one letter received by the Senate in support of the CRC, one hundred are received in opposition. Since ratification will only occur with a two-thirds majority vote on the Senate floor, your senator’s support is critical. Elected representatives receive many times more emails than mailed letters; make your message stand out by mailing a letter.
