[lit-ideas] Re: UN Convention on the Rights of the Child

  • From: Robert Paul <robert.paul@xxxxxxxx>
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Wed, 19 Oct 2005 22:15:49 -0700

Marlena wrote:

(besides, the US has not even signed the Convention on the Rights of the Child, if I recall correctly...)

You do and you don't. The US has signed the Convention but hasn't ratified it (which is to say that it doesn't consider itself bound by it).


From http://en.wikipedia.org/wiki/Convention_on_the_Rights_of_the_Child

According to UNICEF, the Convention has been ratified by 191 countries. Only Somalia and the United States have not ratified the CRC. Somalia is currently unable to proceed to ratification as it has no recognized government.

The United States, by signing the Convention, has signaled its intention to ratify – but has yet to do so. The United States examines and scrutinizes all treaties before ratification. This examination, which includes an evaluation of the degree of compatibility with existing law and practice in the country at state and federal levels, can take several years – or even longer if the treaty is portrayed as being controversial or if the process is politicized. In particular, the laws of several U.S. states authorizing execution of persons between the ages of 16 and 18 at the time of commission of the crime has been a major barrier to the USA's ratification of the Convention. It is uncertain what effect the 2005 Supreme Court decision in the case of Roper v. Simmons, prohibiting the execution of defendants who were minors at the time of commission of the crime, will have on the US ratification process.
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Robert Paul
Reed College
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