NCJ Number
161782
Journal
Children's Legal Rights Journal Volume: 15 Issue: 3-4 Dated: (Summer/Fall 1995) Pages: 15-31
Date Published
1995
Length
17 pages
Annotation
This report on the United Nations Convention on the Rights of the Child discusses the background of the Convention and its place in the American legal system, along with the domestic consequences of ratification; a copy of the Convention is included.
Abstract
The Convention was adopted by the General Assembly of the United Nations in 1989, opened for signature in 1990, and came into force in the same year with completion of the 20 ramifications required for this result. The United States played a major role during the drafting process both as official "participant" and as "observer"; yet the United States has neither signed nor ratified the Convention. Ratification of the Convention would have both domestic and international legal consequences for the United States. The United States legal system assigns distinct roles to domestic and international law. This article examines separately the legal consequences of ratification in domestic law and in international law. A central issue considered is the effects the Convention might have on the existing rights of children under the U.S. Constitution. This article also considers the possible impact of the Convention on statutory law in the United States. Regarding legal consequences under international law, every party to the Convention is mutually obliged to respect the treaty rights of children, as well as the treaty rights of other parties. If the United States failed to fulfill these obligations, the other state parties would be legally aggrieved and have open to them any of the normal means for the vindication of rights under international law. This article also considers the effects of "reservations," "understandings," and "declarations." These are generally unilateral statements by a state party designed to modify, clarify, or highlight a particular treaty obligation or its interpretation. The article concludes with a discussion of the enforcement of the Convention. 6 notes