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*It is not difficult to discern the legal impact of a ratified treaty on our domestic law. It’s spelled out plainly in the text of the U.S. Constitution. Article VI states that, along with the U.S. Constitution and federal law, ratified treaties “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Treaties trump state law.
The CRC is a comprehensive treaty covering economic, social, political, civil, and cultural rights of children. No area of our law regarding children lies outside of its scope. And virtually all American law on children comes from the laws of our 50 states. Yet our Constitution says treaties override state laws.
*How would this work in practice?
The law in every American state allows parents to administer reasonable spankings to discipline their children. The UN’s official body on children’s rights has repeatedly ruled that any parental spanking violates the treaty’s requirements. The CRC will trump state laws permitting spanking.
*Many school districts allow parents to allow their children to “opt out” from certain controversial courses such as sex education. The UN body holds that such parental involvement violates the treaty. The CRC will trump all state “opt out” laws.
*So when Professor Todres says that the UN has no enforcement mechanism, he is telling a half-truth. The UN treaty establishes the law; American courts and child welfare agencies can, will, and must enforce the UN standards by virtue of Article VI of our Constitution.
*Under this treaty, every decision made about children —whether by government or parents— is subject to governmental review. Armed with the CRC, any social worker can second-guess any parent based on an opinion that the parents’ choice was not in the “best interest” of the child. Under this subjective standard, no family is safe from governmental intrusion.
*Unless we fully intend to comply with UN treaty’s radical dictates, our Senate must reject the Convention on the Rights of the Child.