11.07.2019 in Law

US and Human Right Treaty Essay


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The United States has a convention that directly deals with children rights acknowledging there specific needs, which requires the states to act in the best interest of children. In the society, children occupy unique statutes and contort happiness to many families; in some instances children also suffer violence and brutal attacks as they cannot defend themselves. This is due to child lack knowledge on legal matters. More so children do not understand their rights. Children are entitled to basic rights and recognized in the constitution as minors thus render them vulnerable for protection.

Despite the United States being in the front line in drafting the policies and fighting for human rights, there is division among political and religious leaders on matters pertaining to the convention of children rights and religion. Back in history (1979), the United Nations commenced its efforts to development of an inclusive and legally binding human rights treaty for the children in the world. In November 20th 1989 the Convention of the Rights of Children (CRC) was adopted in the United Nations General Assembly and instituted as a general law in 1990.

The United States has been actively prudent and, a participant in drafting processes but remained as a nation that has never ratified the treaty. According to United Nations Convention of the Rights of Children (UNCRC), 193 nations have ratified the convention and utilized the guidelines in developing and implementing policies, programs which best address children rights.

The impact of politics in united states in relation to the convention, on anticipation to the future deride the power of children having in mind the fact that they are future decision makers; despite of colour religion and race. These children will be in charge of setting public policies that affect citizens and as well implement laws. In a perspective they will shape the future of America and the world in general. In essence, it is vital to raise children who will in future constitute a republic of honor that provides equal rights. This is by training a child to uphold the rule of law, care about others, share values, which will enable them to thrive; childhood purports to be a national and global priority.

Opposition of the Convention in United States

The United States government has found difficulties in signing treaty of children. This is due to political and religious differences amongst leaders. The opposition by political and religious conservatives to the treaty ha created confusion, as they sabotage an important treaty that will affect future generations. Opposition leaders have been active in contradicting publics on the child right treaty. The politicians opposed to the ratification have described the treaty as a “bag worm” and a way to chip the constitution. However, the children will continue to suffer for the mistakes of a divided leadership. This is a regretful situation noting that United States is a super power nation; that should provide quality leadership examples to the world.

The legal concerns are basically focused on issues of sovereignty and federalism and as politically envisaged the United States does not sign treaties believed to impair its sovereignty. However, the US Supreme Court has held that to some extent’ no government federal state or local should interfere with the rights of children. There are many opposed to the CRC arguing that the treaty already has verity that the treaty espouses and it does not make the difference. At a glance this are people who oppose change and a solution shall be created that affects all children positively. The treaty aims at ensuring the children worldwide are entitle to their rights.

The treaty is said to have major concerns for change as some states allow children to be given death penalties and the convention does not allow. In 2005, the Supreme Court held unconditional execution that shows that the United States practices the juvenile penalty. The opposition conservative argues that the treaty can undermine parent’s rights. However, the opposition has no considerable grounds to avoid the policy. But the political impact has influenced the adoption of a children rights convention.

According to the United Nations Convention for Children Rights (UNCRC), the treaty once implementation; it will help curb levels on the domestic violence against children and can effectively be felt two years after acceding. The opposer of the treaty includes the Heritage foundation which argues that; the convention will conflict international control over domestic policies. The United Nations have been intrusive in domestic policies expressing sovereign jurisdiction on domestic policymaking, and protecting freedom of American civil society. The society relies on politicians to make laws and religious leaders entice the communities. However, they choose to base their arguments on political and religious views such as the United Nations is an elitist institution.

The most controversial tenet on the convention is the participatory rights granted to children. The convention entails rights of children to give their views on matters affecting them, and express the views freely. Most religious leaders believe the treaty will stop parents from punishing their children leading to unresponsive society. The treaty will enable the child to present their views to judicial administration proceedings; which will give weight in accordance with the age and maturity of the child.

Article 5 of convention contains a provision which states that parents should provide appropriate direction, and guide consistently exercised by the child relevant to rights as documented. The campaign for United States ratification of the convention on rights of child argues that the treaty protects parental responsibility from government interference. The argument is critical and the parents also seem to defend their cruel obligation by not enforcing the treaty due to shortsightedness.  Training is vital for parents to clarify the importance of the convention for a free community. As the world becomes a global village through’ advancement of technology; it necessary to create policies that has the international perspective and judgment is balanced.

The treaty acknowledges that all children have rights but opponents argue that the convention requires overhaul of the child custody and guardianship laws. Others say that a creative approach be considered on the already existing laws. The treaty outlines clearly that child basic rights include right to life, a child must be raised by parents and have the relationship with both and in any cultural group as well as entitle to identity. The child will have the mental and physical support of parents even when divorced, and the convention will protect from abuse of any.

The treaty enhances responsibility of parents and obliged state to allow parents exercise full parental duties; the child has the right to be protected from any abuse and exploitation. The treaty entails that, child privacy must be protected and their lives must not be subjected to excessive interference.

The treaty empowers states to be signatory in providing legal representative for a child in case of any judicial dispute relating to their care. This means that the child views should be heard, and the treaty forbids capital punishment for the child. Every person including children has rights and freedom without distinction of any sort. (Donnelly 2003)

State parties and regulatory

According to the convention on human rights of the child (CRC), there is an obligation of all states parties to prohibit and eliminate corporal punishment and any cruel forms of punishment on children. In Article 19 of the US convention; states that parties should take appropriate legislative, administrative, social and educational measures to protect the child from mental or physical violence. The interpretation of the treaty has been rejected by state parties to the convention such as United Kingdom and Canada. A person must be in a position to seek legal rights and enjoy other nation’s asylum from prosecution. (Freeman 2002)

United States took a leading role in the 20th century by drafting a universal declaration of human rights which was modeled in the United States Bill of Rights. Since then, the United States has been a participant in international Human rights treaties, covenants, and declarations. The United States is also a United Nations member state on human rights.

United States Human rights are legally protected by the constitution, and conferred by treaty which can be amended and enacted through congress; State legislatures and state referenda. The laws are practically unitized and governed through the United States Federal Court which has jurisdiction over international human rights laws.

Children are part of the society and future generation of leaders and their views must be protected. The child requires civil liberty and freedom based on self evident truth and growth. It is vital that the United States Bill of Rights acknowledges that, all people are created equal with unalienable rights. Young children deserve protection as most of them do not understand legal rights and parents must take responsibility. However, in cases where the child is not taken care of’ the government role is therefore to protect the child. They also have a right to happiness and the responsibility lies on the government to ensure policies passed by parliament are audacious on children fundamental rights and inherent to each child.

Support for the ratification

The campaign for United States ramification of the convention on the rights of the child argues that the critics by opponents to the treaty are due to misconception and erroneous information. The opposition might have been caused by lack of knowledge, on basics of international human rights policies and its implementation in United States. They distinguish that the treaty will establish a comprehensive framework which the leaders can create cost effective; and coherent policy frameworks which will address the specific needs of children and their families.

The treaty has backup support from various Evangelical Christians, and the World Vision in collaboration with Non governmental organizations; supported the ratification of the convention. Probably, it is because most of the Christians support the vulnerable and needy children worldwide. This sentiment has also been supported by Church World Service.

International Human Rights Treaty

Judging from a perspective United States has been in front view position on standards of human rights treaties. They also take centre stage on vocal position on human rights and setting the pace as a premier promoter. However, the children convention has set United States to the prying eyes of even smaller nations that signed the treaty to defend the rights and empower children.

It is important to understand that children are victims of divorce or separation in marriage which might affects them psychologically and impacts negatively in their future living in the society. According to the United States constitution, a child is be a person below 16 years and definitely not mentally matured to sort difficult matters in life.

Annually, American federal government releases Children statistics which looks at the well being of American children and important areas of their lives. The child well being are in a span of; family and social environment, economical circumstances, health care, physical environmental and safety and education and good health. The report by Federal government shows that children under insurance cover have increased. This necessitates that more parents are taking responsibility in the child well being as a right.

The statics also shows decline in smoking of pregnant mothers; which prompts care to the unborn babies. However, the reports also show that there is a high number of unemployed parents, and a percentage of them are living in poverty are high. Most children are living in food-insecure homes. It is vital that food is a basic need for a child and impacts on physical and mental well being of the child. Family lifestyle influences childhood and eventually social interactions. Parent’s should take responsibility to learn policies that govern the child live and be complacent to giving children guidelines to become reliable citizens.

Home School Legal Defense Association (HSLDA)

HSLDA has been in the forefront opposing the convention; they represented a family which sought to protect a son from government on ‘special needs evaluation’. The court ruling was against the child undergoing special need evaluation, thus ruled against the school that filed the case on child’s behalf. The reason was that the school had no rights to intrude to the child private rights against the consent of the parents. They say that the government has no jurisdiction to interfere on people personal family life. However, the right of children must be protected and the rulings should only be subjected to the betterment of a child future and not intrinsic individual desires to protect a family name.

Children have right including civil, economical, and social and political rights. The right for empowerment and protections circumvent decisions on the treaty. It is upon the United States to avoid shame by not neglecting the treaty because there is no justification so far on why the treaty should be rejected.

Family Dynamics

Most families have got own approaches on family matters and internal dynamics. Essentially, this dynamics are in constant to state of flux as children grow. Families expand and every child entitled to personal rights; depending on families, some children find opportunities to gain social skills and support. In essence, the habit a child learns in the human cycle of ages might enhance sense of self esteem. Every child who gets such opportunities to interact builds self confidence which is part healthy growth. The basic culture of cohesive neighborhoods plays a major role in developing child social development.

It is important to realize that child rights based on social aptitude contributes to personality and abundant of fulfillment. Every household that allows siblings to interact creates the opportunity for the children to social lesson. The first priority for a child to learn, to be dirty, lose and win as well us love. Every child has a social position in the family and the influences determine their adulthood. At a middle age children learn to trust, obey and become good listeners; a stage of social agreeable conducts in tendency for cohesive attention. A child right is very important as it impacts them even to their future lives.

The opposition on children rights in comparison to the previous years after the United States drafted the bill of rights has tremendously changed and so is lifestyle. Most opponents to children rights believe that children should be protected from the adult centric world. To many adults, a child is characterized with innocence’s and freedom from responsibility and conflict. However a child’ well taken care through training, might in early years discover that schooling is her right, and the responsibility is to study hard and become a resourceful person in the future.

Childhood is a stage that is well understood and should be given consideration when drafting the laws. Most of the cases are on sovereignty and states right, parent’s rights relationship and financial challenges, and in some cases traditional values that might undermine children well being.

Human rights education

According to amnesty international, understanding human rights is the biggest step toward respecting, supporting and defending people’s rights. The human right jurisdiction must therefore start at a tender age. It should be taught in schools and practicals are part of a parent responsibility to take care of the child morally. To understand human rights is to be able to convey ideas and information on matters of human living while nurturing societal values, respecting opinions of others and support the rights. Though the United State leaders are divided on the convention, the ratification prudently symbolize people power for change and should not be understated. The system should be adopted as it accommodates liberty and secure people future by negating individual rights. The treaty is important for empowering children in a democratic society.

Various challenges that children face includes neglect by parents, abuse freedom to chose, corporal punishment and child custody. The United States parliament is quite aware on the impact of such child abuses. Ethical acceptability of responsibility by parents plays a vital role to end a child abusive society. The ratification will strengthen the already existing policies on both parents’ relationships determining the best interest of the child.


In every society that respects human rights; children become seldom and key in decision making. The action that should be taken by the United States will determine a new era of the freedom it fought for to bring equality. A child is entitled to human rights and should be accorded according to the law. The United States political mayhem should be on real factors that affect the child legally and not on implicit believes and political echoes that compromise human rights. Children at all times must be free from physical, social and mental abuse.

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