United Nations Convention on the Rights of the Child
Frequently Asked Questions



Q: What is the United Nations Convention on the Rights of the Child?

A:        The Convention on the Rights of the Child (CRC), a human rights treaty adopted by the United Nations more than a decade ago, has been used by countries around the world to help promote the rights of children, strengthen government efforts to serve families, and build upon the efforts of non-governmental organizations (NGOs) on behalf of children. The Convention sets forth basic norms and standards which individual nations agree to pursue on behalf of their children.

Emphasizing the primacy and importance of the role and authority of parents, the treaty calls for governments to respect the responsibilities, rights and duties of parents to provide direction and guidance for the development of their children.  In addition, it calls on governments to develop policies conducive to family and commmunity environments that will allow children to grow up in an atmosphere of happiness, love, and understanding.  The CRC's internationally recognized norms include:

·        protection from violence, abuse, and abduction;
·        protection from hazardous employment and exploitation;
·        adequate nutrition;
·        free compulsory primary education;
·        adequate health care;
·        equal treatment regardless of gender, race or cultural background.

Recognizing the special vulnerability of children and their need for guidance, all of these goals are expressed with respect to the child's age and maturity -- the child's best interests are always the paramount concern.

Q:        How has the Convention been used to help children?

A:        The treaty is being used in a variety of ways around the world to help children. For example,

·        In Rwanda, children have been moved out of adult detention centers where they had been held for alleged war offenses, and have been transferred to special juvenile institutions where they were allotted lawyers to defend them.  
·        In Belgium and Germany, laws inspired by the Convention extended the national jurisdiction in cases of child prostitution and pornography.  
·        In Romania, adoption laws were amended, magistrates were trained for juvenile delinquency and child abuse cases and reforms were made to the child protection system.
·        In Vietnam, the Ministry of Justice is working with UNICEF and non-governmental organizations to review the judicial process for juveniles, as well as to train judges, police, and other legal professionals on how to apply the Convention.  
·        El Salvador, Peru, and Bolivia have all enacted new justice codes for children.

Q:        What is the Convention's status in the United States and globally?

A:        The CRC is the most widely and rapidly ratified human rights treaty in history, with 191 participating nations. Only two countries, Somalia and the United States, have not ratified this celebrated agreement.

Q:        Why hasn't the United States ratified the Convention?  What is holding it up?

A:        The United States signed the Convention on the Rights of the Child in February 1995.  The next step, consideration by the Senate Foreign Relations Committee, has been delayed due to procedural and political barriers. Procedurally, it is the general policy of the United States to thoroughly evaluate the constitutionality and potential impact of a treaty prior to giving its consent for ratification.  Much like our own Constitution which requires judicial interpretation, the CRC also requires interpretation which necessitates this type of diligent analysis and examination.

Due, in part, to this lengthy review process, it can take several years for a treaty to be ratified, and if the treaty is controversial (or portrayed as controversial), it can become politicized -- which often lengthens the process even more.   For example, the Convention on the Prevention and Punishment of the Crime of Genocide took more than 30 years to be ratified in the United States, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which was signed by the United States more than 20 years ago, still has not been ratified.  Moreover, the U.S. Government will typically consider only one human rights treaty at a time.  

In addition to the extensive analysis and lengthy ratification process, two factors have created obstacles to moving the CRC ahead expeditiously -- widespread misconceptions about the Convention's intent, provisions, and potential impact; and political opposition.  These factors have resulted in opposition to the treaty within the Senate and in some sectors of the public.  Consequently, the Administration has not prioritized nor pursued ratification by forwarding the treaty to the Senate Foreign Relations Committee for consideration.  

Q:        What are the most common claims made about the Convention by its opposition?

A:        A small number of organizations have spearheaded the effort in opposition to U.S. ratification of the Convention on the Rights of the Child.  These organizations have made a significant effort to minimize the treaty's value and to portray it as a threat to the American family.  In general, the treaty's opponents base their opposition to the Convention largely on unsubstantiated claims regarding national sovereignty and interference in the parent-child         relationship.   The treaty's opposition claims that:

·        the Convention would enable the United Nations to usurp national and state sovereignty;
·        the Convention undermines parental authority;
·        the Convention would allow and encourage children to sue parents, have abortions, etc.;
·        the Convention would enable the United Nations to dictate how we raise and teach children.

These claims and perceptions are false and are likely the result of misconceptions, erroneous information, and a lack of understanding about how international human rights treaties are implemented in the United States.  Notably, in many cases, the Convention's opponents criticize provisions which were added by the Reagan Administration during the drafting process in an effort to reflect the rights American citizens have under the U.S. Constitution.

Q:        Does the Convention threaten our national sovereignty?  Will the United Nations control our laws and children?

A:        No.  The Convention contains no language or mandates regarding how a country should implement the treaty.  Therefore, each country determines how and when the treaty is to be implemented.  Neither the United Nations nor the Committee on the Rights of the Child (the international body established to monitor the Convention) would have the power or enforcement authority over the United States or its citizens.  Ultimately, the Convention obligates the federal government to make sure that the provisions of the treaty are fulfilled.  There is no international enforcement mechanism.

Moreover, the Supreme Court has ruled that, under the Supremacy Clause of our Constitution, no treaty can "override" our Constitution (Reid v. Covert, 354 U.S. 1 (1957)).  Furthermore, the United States has historically regarded treaties such as this Convention to be non-self-executing, which means that the text of a treaty itself does not directly become part of U.S. law.  The Convention would only be implemented through domestic legislation, regulatory action, and judicial opinion.  

Q:        Does the Convention threaten a parent's authority or rights?  Does it threaten the parent-child relationship?

A:        No.  In fact, the Convention repeatedly emphasizes  the primacy and importance of the role and authority of the family.  There is ample language throughout the Convention to support this, particularly, the preamble and articles 3(2), 5, 7(1), 8(1), 9(1), 9(3), 10(2), 14(2), 18(1), 22(2), 27(2) and 27(3).

For example, part of the Convention's preamble affirms "...the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community;  the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding."  The best evidence of this principle is found in article 5 which reads, "States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family ... to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention."

Q:        Does the Convention give children the right to sue their parents?  

A:        No.  The Convention does not address this issue.  State Parties to the Convention must ensure that their laws are in compliance with the provisions of the Convention; there must be some mechanism for children's grievances to be heard.  However, the Convention does not stipulate that the grievances must be brought before the state's judicial system by the child himself or herself or by an adult or adults acting on the child's behalf.  These specifics are to be determined by each individual nation.

Further, the Convention makes clear that a child's ability to exercise his or her rights evolve with age and maturity.  Among the 191 countries that have ratified the Convention, there are varying laws about when and if children can bring grievances against adults, and what types of grievances can be brought to court.  

Q:        What does the Convention say on the issue of abortion?  

A:        In order to be utilized as an international agreement and to provide the needed flexibility to conform to the many cultures and legal systems of the world, the Convention on the Rights of the Child was designed to be adaptable.  This requires a degree of neutrality in certain areas, one of which is the issue of abortion.  This effort to keep the Convention "abortion neutral" has been reviewed by various legal experts and deemed feasible.

For the purposes of this treaty, the standard of when a child's life begins is determined by each nation which ratifies the Convention.  The Holy See was one of the first states to ratify the Convention, and many countries, such as Ireland and the Philippines, which have strict abortion laws have also ratified the Convention.  Conversely, countries such as Sweden and France, which recognize their citizens' right to abortion, have ratified the Convention as well.  

Q:        What about capital punishment for minors?  

A:        Article 37 of the Convention on the Rights of the Child provides an explicit prohibition on the use of capital punishment for minors.  In the United States, this standard conflicts with the constitutional right of individual states to execute those who are convicted of committing capital crimes while under the age of 18 (16 being the minimum).

This conflict was addressed in 1992 when the United States ratified the Covenant on Civil and Political Rights, which also has a prohibition on the execution of minors.  To address this conflict, the Bush Administration chose to take a reservation on this specific issue, and the Senate gave its advice and consent to this reservation.  This essentially means that the United States did not ratify this part of the treaty.  A similar action would likely be taken while ratifying the children's convention.  

Q:        Why should the United States ratify the Convention on the Rights of the Child?

A:        The United States has some of the best programs and laws in the world to protect its children.  However, many U.S. children still face considerable adversity.  Our children suffer from some of the highest rates of poverty, hunger and infant mortality in the industrialized world.  Three American children die every day due to abuse and neglect, and nearly three quarters of all the murders of children in industrialized countries occur in the United States. More can to be done in order to safeguard our most physically, politically, and socially vulnerable citizens.

        The Convention on the Rights of the Child has been used by governments and organizations around the world to improve the situation of children.  In some countries, the treaty has facilitated direct changes in laws, policies and programs.  In others, it has gone further and helped change the way governments and citizens view and prioritize children.  Notably, the treaty itself does not directly create these changes, but the people and governments in each individual nation in a manner and timeframe determined by each sovereign government.

In the United States, the Convention would establish a useful framework and set clear goals by which officials at all levels of government, private organizations, and individuals can form domestic policies and programs addressing the specific needs of families and children in the United States. The reporting requirements of the treaty would compel our nation to reevaluate the situation of children and develop action plans to make crucial improvements.  Consequently, ratification of the Convention in concert with appropriate legislative measures would promote a more supportive social and legislative environment for families and would assist in making children more of a national priority.

In addition to the potential domestic benefits, U.S. ratification would help enhance America's role as an international leader in human rights by allowing the United States to participate in the international body set up to monitor the Convention, and by encouraging further progress in the countries which have already ratified the treaty.

Q.        What can be done in the United States to support U.S. ratification of the CRC?

A.        Organizations can help by educating their staff and members about the Convention; discussing the CRC in newsletters and membership magazines; sending informational mailings to members; including the CRC as an issue at annual meetings; getting field offices involved, and officially endorsing U.S. ratification of the Convention.

Individuals can organize informational meetings and distribute materials about the CRC; organize a letter-writing campaign to U.S. Senators in support of the CRC; work with local churches, schools, and community groups to create grassroots support; contact local newspapers with letters to the editor and op-eds in support of the CRC.

For more information on the Convention on the Rights of the Child, contact the U.S. Fund for UNICEF at 202-296-4242, or write us at 1775 K Street, N.W., Suite 360, Washington, D.C., 20006.




January 2004