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J. Michael Smith, Esq.
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Michael P. Farris, Esq.
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Rule of International Law
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Volume 89, Program 4
4/9/2009

What does international law mean to your everyday life? If that international law is the UN Convention on the Rights of the Child, it could mean that your discipline practices are illegal! Host Mike Farris explains why, today on Home School Heartbeat.

Mike Farris:
This week we’ve been discussing the UN Convention on the Rights of the Child. If the United States becomes a party to this treaty, then we have both a legal and moral duty to implement and obey its provisions. The duty to comply with the treaty rests with the national government.

By virtue of the ratification of this treaty, Congress would not only acquire the duty but the jurisdiction necessary to directly legislate on education, health care, and regulation of family life. Today, Congress cannot directly enact laws on these subjects. But this would all change if the CRC is ratified.

For example, the treaty clearly bans all corporal punishment, including spanking by parents. Congress would have both the duty as well as the authority to pass legislation which directly imposes legal sanctions against parents to spank their children. Spanking could be a federal crime if this treaty is ratified.

Today, Congress has no power on this issue. State law governs corporal punishment. If the CRC is adopted, Congress would control corporal punishment—but it wouldn’t have discretion to permit it. That’s already been determined by the UN. By ratifying the treaty, Congress would have a duty to ban corporal punishment even by parents in their own home.

Ratification of the CRC will seriously affect American sovereignty—and American families. I’m Mike Farris.


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